Dist. Ct. did not err in granting defendants-Indiana election officials’ motion for summary judgment in plaintiffs-Indiana voters’ section 1983 action, alleging that state’s actions in allowing voters 65 years old and older to vote by mail, but failing to allow same privilege for voters under age 65, who failed to qualify for one of twelve other categories of voters who also could vote by mail, violated their rights under 26th Amendment. Plaintiffs failed to establish that Indiana’s extension of absentee voting to elderly imposed any unconstitutional burden on right of those under sixty-five years old to vote, especially where all voters could vote on election day, as well as vote at certain locations up to 28 days prior to election day. As such, plaintiffs failed to establish any “abridgement” of their right to vote as that term is contemplated in Supreme Court case law. (Partial dissent filed.)
Federal 7th Circuit Court
Civil Court
Election Law