Federal judge: Indiana voters should be able to extend polling-place hours

Hoosiers now have a voice in how late their polling places stay open thanks to a federal court ruling that struck down a restrictive Indiana voting law amendment from 2019.

The amendment, which gave county election boards the sole power to request longer polling place hours, was part of a series of election reforms that Gov. Eric Holcomb signed into effect in May 2019. 

The U.S. District Court for the Southern District of Indiana decided on Tuesday that the amendment was unconstitutional in response to a lawsuit against Secretary of State Connie Lawson and state election officials by voting rights group Common Cause Indiana. 

In their complaint from July of this year, Common Cause Indiana claimed that the amendment "stripped voters of standing to petition state courts for the extension of voting hours at polling places."

After the 2019 election reforms, voters wanting extended hours at a polling place because of challenges like long lines or equipment malfunctions would have to "run the gauntlet of contacting and convincing their entire county election board to agree unanimously to seek [...] a court order, retain counsel, file a petition, and obtain a ruling before the 6:00 p.m. poll closing time," wrote Common Cause Indiana.

But before the reforms, voters could file the petition themselves with a county court. They now have that right again.

"Irreparable injury to Indiana voters"

The ruling marks the second time in recent weeks that Indiana election practices were scrutinized, and ultimately, overruled by federal judges.

In August, the Southern District federal court ruled that the state cannot purge voters with suspected address changes from election rolls until they notify the voter and wait at least two election cycles before removing them if they don't respond. Common Cause Indiana was also the plaintiff in that case. 

More: Judge prohibits Indiana from summarily purging voters from rolls

In Tuesday's ruling on the 2019 election reform amendment, federal judge Richard Young sided with the voting rights group by saying the amendment would likely "cause irreparable injury to both Common Cause and Indiana voters."

"This burdens the right to vote because when voters face disenfranchising conditions at their polling place, the Standing Amendment can deny them an opportunity to vindicate their right to vote by seeking relief in an Indiana court," wrote Young. 

“Hoosiers must never be denied the ability to exercise their right to vote,” said Julia Vaughn, policy director of Common Cause Indiana, in response to the ruling. “We are extremely pleased with this decision and relieved that Hoosier voters will not be barred from seeking relief from state courts should they face obstacles in casting their vote on November 3rd.”