By Taylor Wooten
TheStatehouseFile.com
INDIANAPOLIS—A federal judge has issued a preliminary injunction allowing voters and candidates who experience roadblocks at the polls on Election Day to petition the local court to extend voting hours.
The lawsuit was initially filed in July on behalf of Common Cause Indiana against Secretary of State Connie Lawson and the Election Commission and argues that “shutting the courthouse doors to voters and erecting a multi-step process to obtain an extension of polling-place hours†is unconstitutional and places a burden on voters.
“We are relieved that voters will not be barred from seeking relief in state court should they face obstacles in casting their vote on Nov. 3,†said Julia Vaughn, policy director of Common Cause Indiana. “Given all the uncertainties surrounding the election this year it is particularly important that Hoosiers have all options available to protect their voting rights.â€
Under an Indiana law passed in 2019, only county election boards can request court orders to extend voting hours. Common Cause argues that the law is unconstitutional as it limits the ability of the public to vote past the 6 p.m. closing time under special circumstances such technical difficulties.
The lawsuit cited an example of voter arriving at a polling location that has run out of ballots close to the 6 p.m. deadline. Under that circumstance, “the voter must embark on a campaign to identify, contact, and potentially convince a group of three or even five members of her county election board to file the request.â€
The lawsuit points to past real-world examples of equipment troubles, delays in polling site openings and ballot shortages in Johnson, Monroe and Porter counties during the November 2018 election.
U.S. District Judge Richard Young for the Southern District of Indiana wrote Wednesday that the potential harm to Common Cause and Indiana voters is substantial if the amendments to the state’s election law, enacted in 2019, are allowed to stand.
Young, in his opinion, rejected arguments from the state that the regulations are necessary to protect the integrity of elections.
“If the Challenged Amendments are enjoined, Indiana voters will be able to go directly to court to seek an extension of hours,†Young wrote. “Indiana courts will again be able to grant relief when disenfranchising conditions occur at polling locations on Election Day.â€
The election law challenge is one in a string of lawsuits that have been filed over some of the state’s election laws and practices amid the ongoing COVID-19 pandemic.
On July 31, Common Cause Indiana and the state conference of the NAACP filed a lawsuit to force Secretary of State Connie Lawson and members of the Election Commission to count absentee ballots received past the noon deadline on Nov. 3.
In an ongoing case, Indiana Vote By Mail is fighting for the expansion of no-excuse absentee voting in November. Indiana is one of four states that require voters to have a reason for seeking an absentee ballot. A federal judge ruled against their request for an injunction to force the state to allow anyone to obtain an absentee ballot without a reason and the group has appealed to the 7th U.S. Circuit Court of Appeals. They are asking for an expedited review.
In an Indiana Election Committee virtual meeting on Aug. 11, the four members of the committee were divided along party lines on the issue of expanding mail-in voting to all, with the two Democrat members in support of the change and the two Republican members in opposition.
In a separate lawsuit involving absentee ballots, Senior U.S. District Judge Sarah Evans Barker ruled on Aug. 21 that they cannot be rejected solely on the basis of non-matching signatures. Voters must instead notified if there is an issue with a signature and allowed a hearing.
Taylor Wooten is a reporter for TheStatehouseFile.com, a news website powered by Franklin College journalism students.
