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COMMON CAUSE INDIANA v. LAWSON

No. 20-2911.

977 F.3d 663 (2020)

COMMON CAUSE INDIANA and Indiana State Conference of the NAACP, Plaintiffs-Appellees, v. Connie LAWSON, Indiana Secretary of State, et al., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided October 13, 2020.

Attorney(s) appearing for the Case

Aneel Lachman Chablani , Attorney, Ami D. Gandhi , Attorney, Jennifer S. Terrell , Attorney, Chicago Lawyers' Committee for Civil Rights Under Law, Chicago, IL, William R. Groth , Attorney, Fillenwarth, Dennerline, Groth & Towe, LLP, Indianapolis, IN, Mark Sniderman , Attorney, Findling, Park, Conyers, Woody & Sniderman, Indianapolis, IN, for Plaintiffs-Appellees.

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

Mithun Mansinghani , Attorney, for State of Oklahoma, State of Alabama, State of Arizona, State of Arkansas, State of Georgia, Amicus Curiae.

Alexandra M. Walsh , Attorney, for Election Law Scholars Amicus Curiae.

Before Sykes, Chief Judge, and Easterbrook and Brennan, Circuit Judges.

Indiana counts an absentee ballot only if it is received by noon on Election Day. Ind. Code §§ 3-11.5-4-3, 3-11.5-4-10. A district court held this rule unconstitutional on the ground that the SARS-CoV-2 pandemic, which has led to more use of mail-in voting nation-wide, creates a risk that ballots mailed close...

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