Common Cause Indiana v. Lawson, No. 20-2877 (7th Cir. 2020)
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Indiana law provides that state’s election polls open at 6 a.m. and close at 6 p.m. In 2019, Indiana enacted amendments: only a county election board has standing in an Indiana court to request the extension of the hours and only if the board’s members unanimously vote to file suit, IND. CODE 3- 11.7-7-2. Before a court may extend the poll hours, several findings must be made, including that the polls were substantially delayed in opening or subsequently closed during normal polling hours and any extension must be limited to not more than the duration of time the polls were closed and only for those polls whose opening was delayed.
Common Cause challenged the amendments as burdening the fundamental right to vote, divesting state courts of jurisdiction to hear federal claims in violation of the Supremacy Clause, and depriving voters of procedural due process. On September 22, 2020, the district court granted a preliminary injunction.
The Seventh Circuit reversed. Indiana may enforce the statutes as written. The court noted that no decision of the Supreme Court or any court of appeals has held that the Constitution requires a state to provide a private right of action to enforce any state law. To the extent that federal law will require Indiana to provide such an extension, voters can invoke their federal rights under 42 U.S.C. 1983. The amendments do not place a burden on the right to vote,
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