Tully v. Okeson

Federal 7th Circuit Court
Civil Court
Right to Vote
Citation
Case Number: 
No. 20-2605
Decision Date: 
October 6, 2020
Federal District: 
S.D. Ind., Indianapolis Div.
Holding: 
Affirmed

Dist. Ct. did not err in denying plaintiffs-voters’ request for issuance of preliminary injunction in action alleging that Indiana statute’s extension of absentee ballots to elderly citizens, but not to all citizens, violated Twenty-Sixth Amendment by abridging younger citizens’ right to vote. Indiana’s absentee-voting regime does not affect plaintiffs’ right to vote, since all citizens can vote on election day or during early election period. Also, fact that COVID-19 pandemic might affect plaintiffs’ determination as to whether to cast in-person ballot on election day did not violate equal protection clause. Also, fundamental right to vote concerned only ability to cast ballot, but not right to do so in manner preferred by voter, and state had rational basis for extending right to cast absentee ballot to only elderly citizens.