TULLY v. OKESON

No. 20-2605.

977 F.3d 608 (2020)

Barbara TULLY, Katharine Black, Marc Black, David Carter, Rebecca Gaines, Elizabeth Kmieciak, Chaquitta McCleary, David Slivka, Dominic Tumminello, and Indiana Vote By Mail, Inc., individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. Paul OKESON, S. Anthony Long, Suzannah Wilson Overholt, Zachary E. Klutz, and Connie Lawson, in their official capacities, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided October 6, 2020.


Attorney(s) appearing for the Case

Mark Sniderman , Attorney, Findling, Park, Conyers, Woody & Sniderman, PC, Indianapolis, IN, Jed Wolf Glickstein , Attorney, Gary A. Isaac , Brett E. Legner , Brett E. Legner , Michael Anthony Scodro , Jeffrey M. Strauss , Attorneys, Mayer Brown LLP, Chicago, IL, William R. Groth , Attorney, Fillenwarth, Dennerline, Groth & Towe, LLP, Indianapolis, IN, for Plaintiffs-Appellants.

Thomas M. Fisher , Kian James Hudson , Julia Catherine Payne, Esq. , Attorneys, Office of the Attorney General, Indianapolis, IN, for Defendants-Appellees.

Bridget A. Clarke , Andrew J. Dhuey , Attorney, Andrew J. Dhuey, Attorney At Law, Berkeley, CA, for Amici Curiae.

Before Ripple, Kanne, and Scudder, Circuit Judges.


Relying on the unprecedented challenges posed by the COVID-19 pandemic, Plaintiffs seek a preliminary injunction requiring Indiana to permit unlimited absentee voting in the upcoming general election. To attain this goal, they challenge Indiana's absentee-voting regime on two grounds. First, Plaintiffs assert that Indiana's...

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