Judge won't order Indiana to expand absentee mail-in voting

A federal judge has declined to order Indiana to allow no-excuse mail-in voting for the Nov. 3 General Election. 

Indiana Vote By Mail Inc. and a group of voters requested a preliminary injunction that would force the expansion of mail-in voting amid the coronavirus pandemic. They claimed restricting who can vote by mail is a violation of voters' constitutional rights.

In Indiana, a voter must have one of 11 excuses in order to be approved to vote by mail, including being over age 65, having a disability or being out of county on Election Day.

U.S. District Court Judge James Patrick Hanlon said in a ruling filed Friday that plaintiffs did not show the "likelihood of success in showing that the policy is unconstitutional." 

“Some states have chosen ‘no-excuse’ voting by mail for all. Indiana has decided otherwise,” Hanlon wrote in the order. “The question here, however, is not whether the policy is wise, but whether it is unconstitutional.”

Election:Here's everything you need to know to vote by mail in Indiana

Attorney General Curtis Hill, whose office represented the state in the lawsuit, said the judge's decision "helps affirm that Indiana’s election laws are set up to protect voters and ensure the integrity of our political process.”

An attorney for plaintiffs said a legal team will look at possible next steps over the weekend. IndyStar left a message for Indiana Vote By Mail.

For the June primary election, the state allowed no-excuse mail-in voting due to the coronavirus pandemic and tight restrictions on public gatherings.

The Indiana Election Commission, comprised of Democrats and Republicans, remain at a stalemate over whether to expanding mail-in voting for the General Election. Without bipartisan agreement to change the rules to expand absentee voting, the election will likely be run as usual.

Gov. Eric Holcomb previously said he wanted to wait to see where the lawsuit lands before "we start to entertain different language" for accepted excuses. IndyStar has requested comment on the latest ruling.

Holcomb has also repeatedly stressed that Indiana offers alternatives to Election Day voting, a fact the judge recognized in his order. Voters can cast ballots early in-person beginning Oct. 6. 

In a separate case involving absentee voting in Indiana, a judge ruled the state cannot reject ballots due to mismatched voter signatures unless officials notify the voter of the rejection and give the voter a means to contest the decision. Plaintiffs in the case called it "a historic win for Indiana voters." The Attorney General's Office declined to comment on that case. 

IndyStar reporter Chris Sikich contributed to this story. 

Contact IndyStar reporter Elizabeth DePompei at 317-444-6196 or edepompei@indystar.com. Follow her on Twitter: @edepompei.