Indiana voting rights advocates are applauding a federal judge's order requiring election boards to count mail-in absentee ballots postmarked by Nov. 3 and received on or before Nov. 13, instead of enforcing the statutory receipt deadline of noon on Election Day.
"This is a huge win for Hoosier voters," said Julia Vaughn, policy director at Common Cause Indiana, a plaintiff in the lawsuit.
"Indiana has seen a surge in requests for mail-in ballots and this ruling will help ensure all those voters who choose to vote by mail do not face the unnecessary barrier of an overly strict return deadline in making their voice heard."
Common Cause and the Indiana chapter of the NAACP challenged the absentee ballot return deadline in August "to prevent mass disenfranchisement of Indiana voters" due to disruptions and delays at the U.S. Postal Service.
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"Indiana voters can now rest easier knowing that when they vote absentee by mail, their vote will be counted," said Barbara Bolling-Williams, Indiana NAACP president.
"Before this ruling, if your ballot was delivered to the Election Office at say 12:10 p.m., instead of the noon deadline on Election Day, your ballot would have been rejected. Voting absentee by mail is a safe, and now certain, option for voters."
The plaintiffs were represented by the Chicago Lawyers' Committee for Civil Rights, the national Lawyers' Committee for Civil Rights Under Law, and Indianapolis attorneys Bill Groth and Mark Sniderman.
"Hoosiers who choose to vote safely from home during this unprecedented health emergency can now rest assured that their absentee ballot will be counted, rather than being rejected based on factors beyond their control," Groth said.
"This is a big deal for Hoosier voters, and for democracy itself."
Republican Attorney General Curtis Hill, who defended Indiana's statutory deadline, is expected to appeal the order by U.S. District Court Judge Sarah Evans Barker to the 7th U.S. Circuit Court of Appeals in Chicago, which on Tuesday affirmed a similar order extending the absentee ballot receipt deadline in Wisconsin to Nov. 9.
The attorney general's office did not immediately respond to a request for comment on the judge's decision.
Federal court order extending receipt deadline for Indiana mail-in absentee ballots
Common Cause and Indiana NAACP v. Lawson lawsuit
Gallery: NWI votes on delayed primary date
Gallery: NWI votes on delayed primary date
Election night with Frank J. Mrvan
Frank Mrvan speaks to his supporters after winning the Democratic nomination for U.S. Representative on Tuesday.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan greets supporters after winning the Democratic nomination for the U.S. House of Representatives in District 1.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan kisses his wife Jane after winning the Democratic nomination for U.S. Representative on Tuesday.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan, left, is congratulated by Mark Lopez, chief of staff to U.S. Representative Pete Visclosky on Tuesday night.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan greets his supporters after winning the Democratic nomination for U.S. Representative on Tuesday night.
John J. Watkins, The Times
Election 2020 Indiana
Voters wait in a line outside Broad Ripple High School to vote in the Indiana primary Tuesday in Indianapolis after coronavirus concerns prompted officials to delay the primary from its original May 5 date. Voters waited up to two hours to cast their ballots.
Michael Conroy, Associated Press
Election night with Frank J. Mrvan
Frank Mrvan gets some vote totals from campaign treasurer Brett Bierman at the candidate's headquarters in Merrillville on Tuesday.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan chats with State Representative Vernon Smith at the candidate's headquarters in Merrillville.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Jane Mrvan looks on as her husband, Frank Mrvan, center, thanks his campaign workers at his headquarters in Merrillville on Tuesday.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Frank Mrvan campaign treasurer Brett Bierman keeps a close eye on incoming numbers at the Mrvan headquarters in Merrillville on Tuesday.
John J. Watkins, The Times
Election night with Frank J. Mrvan
Mrvan campaign director of fundraising Stephanie Madison jots down early numbers on the tote board at Frank Mrvan's headquarters in Merrillville on Tuesday.
John J. Watkins, The Times
More than 30,000 mail-in ballots have already been cast for the election
Denise Tribble sorts through some of the yet to be opened ballots to be counted at the Lake County Government Center Tuesday.
John J. Watkins, The Times
More than 30,000 mail-in ballots have already been cast for the election
Vote counters work in pairs, one Democratic and one Republican, to count the many absentee ballots.
John J. Watkins, The Times
More than 30,000 mail-in ballots have already been cast for the election
Leedera Crawford, left, and Pamela Perry help count some of the 30,000 plus absentee ballots at the Lake County Government Center.
John J. Watkins, The Times
More than 30,000 mail-in ballots have already been cast for the election
Susan Daily, left, and Roberta Greene double-check their count of absentee ballots at the Lake County Government Center.
John J. Watkins, The Times
More than 30,000 mail-in ballots have already been cast for the election
Vote counters work in pairs, one Democratic and one Republican, to count the many absentee ballots.
John J. Watkins, The Times
Cedar Lake voters are being asked to approve 2 referendums
As Sue Rayski votes, left, poll judge Amanda Schreiber assists Sue's husband Lenny with the voting machine at the Cedar Lake polling place at the town hall.
John J. Watkins, The Times
Cedar Lake voters are being asked to approve 2 referendums
Karen Petyko assists her husband Bob with voting at the Cedar Lake Town Hall polling place.
John J. Watkins, The Times
Cedar Lake voters head to the polls
Karen Petyko assists her husband Bob with voting at the Cedar Lake Town Hall polling place.
John J. Watkins, The Times
Cedar Lake voters are being asked to approve 2 referendums
Seating, if needed, is spaced appropriately at the Cedar Lake Town Hall polling place to accommodate social distancing.
John J. Watkins, The Times
Cedar Lake voters are being asked to approve 2 referendums
Cedar Lake poll judge Amanda Schreiber cleans each voting booth prior to its use by a voter.
John J. Watkins, The Times
Voting at Frank Hammond Elementary School
"I voted" stickers are displayed out at the polls on Tuesday at Frank Hammond Elementary School in Munster.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
From left, precinct clerk Lauren Martin, and precinct judges Taylor Katalinic and Terence Williams review rules for surrendering absentee ballots on Tuesday at Frank Hammond Elementary School in Munster.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
Mitchell Walsh, of Munster, casts his votes on Tuesday at Frank Hammond Elementary School in Munster.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
Art Giannini, right, precinct judge for Munster's 13th precinct, helps Mitchell Walsh get set up at the machine on Tuesday at Frank Hammond Elementary School.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
Delilah Owens, right, of Munster, is checked in at Munster's 13th precinct by precinct clerk Lauren Martin, center, and her father, precinct clerk Patrick Owens, left, on Tuesday at Frank Hammond Elementary School.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
Lauren Martin, precinct clerk for Munster's 13th precinct, helps check in voters Tuesday at Frank Hammond Elementary School.
Kale Wilk, The Times
Voting at Frank Hammond Elementary School
A voter wears complimentary finger cots before using a tablet to sign in at Munster's 13th precinct at Frank Hammond Elementary School.
Kale Wilk, The Times
Voting at Villa Cesare
A sign asks for voters to wear masks as they participate inside Villa Cesare in Tuesday in Schererville.
Kale Wilk, The Times
Voting at Villa Cesare
Marilyn Nieves, left, precinct clerk for Schererville's 15th precinct, helps check in Florida Hampton on Tuesday at Villa Cesare in Schererville.
Kale Wilk, The Times
Voting at Villa Cesare
Camille Bereolos, precinct judge for Schererville's 15th precinct, sanitizes a machine before the next voter on Tuesday at Villa Cesare.
Kale Wilk, The Times
Voting at Villa Cesare
Armando Ortega, left, precinct clerk for Schererville's 15th precinct, helps check in voters on Tuesday at Villa Cesare. Voters were able to use styluses, sanitized after each use, to do sign in.
Kale Wilk, The Times
Voting at Villa Cesare
Camille Bereolos, precinct judge for Schererville's 15th precinct, answers questions for Florida Hampton as she prepares to vote on Tuesday at Villa Cesare.
Kale Wilk, The Times
Voting at Villa Cesare
Eric Sera, a candidate for Lake County recorder, has a pair of folding chairs outside his parked car on Tuesday at Villa Cesare in Schererville. Sera was stopping at various polls and invited people to take a socially distanced seat if they wanted to talk with him about the office or other voting issues.
Kale Wilk, The Times
Voting at Villa Cesare
Lynn Volkmann, right, precinct judge for Schererville's 15th precinct, answers questions for Carolyn Stamos before she votes on Tuesday at Villa Cesare.
Kale Wilk, The Times
Voting at Villa Cesare
Bottles of sanitizer are available to clean tablets and hands for voters and precinct judges and clerks at the polls Tuesday. The hand sanitizer bottle sports a slight spelling mistake.
Kale Wilk, The Times
Voting at Villa Cesare
Armando Ortega, left, precinct clerk for Schererville's 15th precinct, helps check in Carolyn Stamos at the polls on Tuesday at Villa Cesare.
Kale Wilk, The Times
Voting at Villa Cesare
Armando Ortega, precinct clerk for Schererville's 15th precinct, wipes down a tablet while checking in voters Tuesday at Villa Cesare.
Kale Wilk, The Times
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