State of Indiana

Indiana Absentee Voting Challenge

American Council of the Blind of Indiana v. Indiana Election Commission

Lawsuit filed on behalf of the American Council of the Blind of Indiana, the Indiana Protection and Advocacy Services Commission and three blind voters challenging the state’s limited at-home absentee voting options for individuals with print disabilities (a disability that impairs a person’s ability to read or write). Indiana law requires voters with print disabilities who seek to vote with an at-home absentee ballot to make an appointment with a “traveling board” — election officials who visit voters’ homes to assist them with filling out their ballot — in order to vote. The plaintiffs allege that this requirement discriminates against voters with disabilities in violation of the Americans with Disabilities Act and the 1973 Rehabilitation Act. The court issued a preliminary injunction changing the rules for at-home absentee voting for voters with disabilities for the state’s May 2022 primary, allowing Indiana voters with print disabilities to “complete their mail-in ballots with the assistance of an individual of their own choosing,” as long as the individual is not their employer or union representative. Litigation is ongoing.

Case Documents

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