Two Federal Courts Favor Indiana Election Laws

Two decisions made by federal courts on Tuesday favored the enforcement of Indiana’s election laws as written by the General Assembly.

Posted: Oct 7, 2020 3:14 PM

Two decisions that were filed on Tuesday were made by federal courts, supporting the enforcement of Indiana’s election laws as written by the General Assembly.

First:

A federal appellate court upheld the constitutionality of Indiana’s mail-in voting law, which permits only some categories of voters, including the elderly, to cast mail-in ballots.

  • The court, citing longstanding Supreme Court precedent, held that the right to vote does not include a right to cast a mail-in ballot.
  • You can click here to view that decision by the United States Court of Appeals for the 7th Circuit.

Second:

A federal district court stayed its decision in another case enjoining an Indiana law prohibiting election officials from counting mail-in ballots received after noon on Election Day.

  • In that case, the district court had previously ruled that officials must count any mail-in ballots postmarked by Election Day received within 10 days of Election Day. On Tuesday, that court stayed its injunction for a week while the state appeals.
  • You can click here to view that decision by the U.S. District Court for Southern Indiana.

Indiana Attorney General Curtis Hill on Wednesday applauded the two decisions made by the federal courts.

“The message is starting to get through that courts should not be tinkering with election laws within a month of Election Day, even during the pandemic,” Attorney General Hill said. “The U.S. Supreme Court has said that courts should not issue election-related injunctions at the eleventh hour, and perhaps that standard is starting to resonate.”

Tuesday, Oct. 6, marked the beginning of early voting throughout the Hoosier State.

For more information on voting in Indiana, such as deadlines, sample ballots, and mail-in voting information, click here.



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