Common Cause Indiana v. Lawson, No. 20-2911 (7th Cir. 2020)Annotate this Case
Indiana counts an absentee ballot only if it is received by noon on Election Day. In September 2020, a district court found that rule unconstitutional, reasoning that the SARS-CoV-2 pandemic, which has led to more use of mail-in voting, creates a risk that ballots mailed close to Election Day will not be received on time.
The Seventh Circuit reversed an injunction requiring the state to count all absentee ballots received by November 13, 2020. Difficulties attributable to the virus do not require changes in electoral rules. If it is possible to vote in person, the rules for absentee ballots are constitutionally valid if they are supported by a rational basis and do not discriminate based on a forbidden characteristic. It is rational to require absentee votes to be received by Election Day, just as in-person voting ends on Election Day. Counting the votes, and announcing the results, as soon as possible after the polls close serves a civic interest. People can protect themselves by using early in-person voting or posting their ballots early. Those who act at the last minute assume risks even without a pandemic. Federal judges should avoid changing electoral rules close to an election. In September, COVID-19 was not a last-minute event; the district court acted too close to the election.