This Lawsuit is One of Several Actions recently filed Challenging various Indiana Election Laws and Voting Regulations in Advance of the upcoming November 3rd, 2020, General Election.
The Specific Issue presented in this Case is whether Indiana's Signature-Match Requirement for Mail-In Absentee Ballots Violates the Due Process Clause and the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution because Affected Voters are Not Given Notice or an Opportunity to Cure before their Ballots are Rejected based on a Perceived Signature Mismatch.
The Decision:
Plaintiffs' Motion for Summary Judgment is GRANTED and Defendant's Motion for Summary Judgment is DENIED.
We hold that Indiana Code §§ 3-11-10-4, 3-11.5-4-4, and 3-11.5-4-13(a)(2), which statutes govern the casting of mail-in absentee ballots, violate the due process and equal protection rights of voters entitled under Indiana law to vote by mail-in absentee ballot insofar as the challenged statutes fail to provide such voters notice and an opportunity to cure before their ballots are rejected for a perceived signature mismatch. The Court hereby orders as follows:
(1) The Secretary and all Indiana election officials acting in concert with her are hereby PERMANENTLY ENJOINED from rejecting any mail-in absentee ballot on the basis of a signature mismatch absent adequate notice and cure procedures to the affected voter.
(2) The Secretary is HEREBY FURTHER ORDERED to inform forthwith all affected Indiana election officials of this injunction and to instruct such officials regarding the implementation of notice and cure procedures in time for the upcoming general election on November 3, 2020.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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