Motion for expedited appeal granted by 7th Circuit Court – no-excuse absentee lawsuit

Today, the 7th Circuit Court of Appeals granted the motion for expedited appeal in the no-excuse absentee lawsuit filed by Indiana Vote By Mail and individual Plaintiffs. The motion for expedited appeal sought reversal of District Judge Hanlon’s unfavorable ruling of August 21^stdenying an earlier motion for preliminary injunction.   In its Order the 7^thCircuit Court of Appeals said that Defendants’ brief is due by September 9^th, and Plaintiffs’ reply by September 16^th.  The Plaintiffs seek a ruling that would allow all Hoosiers the option to vote by mail if they so choose during these days of pandemic, as seasons change, and citizens return to indoor environments and possible further spread of the disease.  

A choice to vote by mail would ensure all qualified voters have their constitutional right and equal access to the ballot box protected without fear of contracting the virus.  An appeals court ruling to overturn the unfavorable district court ruling would protect the health and safety of Indiana’s voters by eliminating unnecessary in-person interactions and preventing COVID-19 transmissions at public polling locations where no enforcement measures are in place to require face masks or proper social distancing and where air circulation may be inadequate to prevent spread of the disease. 

District Judge Hanlon denied a preliminary injunction because, in his words, the question before him was not whether the policy is “wise but whether it is constitutional “.  The Plaintiff’s brief more than meets Plaintiffs’ burden to prove a constitutional violation.  Indiana is now one of only six states not to expand voting rights during the pandemic so that all voters are able to access the ballot. We continue to urge Gov. Holcomb to allow his appointees on the IEC to follow the lead of 44 other states and provide the choice to vote by mail to all Hoosiers in the Fall general election.