Indiana’s absentee voting law, which restricts absentee voting to only people over 65, will not go to the U.S. Supreme Court.
The Supreme Court justices decided to send the challenge back down to a lower federal court. Plaintiffs in the case argued that Indiana’s age restriction for absentee voters infringes upon their constitutional right to vote.
Indiana Attorney General Todd Rokita called this decision by the Supreme Court a win for Indiana.
“By letting stand a lower court’s decision, the U.S. Supreme Court today rightly allowed Indiana to limit the privilege of mail-in absentee ballots to Hoosiers 65 and older (among other categories of voters),” said Rokita on Twitter.
“States have the authority to set their own election policies so long as they are constitutional. This important principle is reinforced with the outcome of the Tully v. Okeson case, and elections will be more secure as a result,” Rokita continued.
The group Indiana Vote by Mail is part of the legal challenge. They issued the following statement:
The plaintiffs in this case are gravely disappointed, but are committed to continuing the work on these matters on behalf of all Hoosier voters. Voting has evolved in Indiana, as it has elsewhere around the country. Voting at home, regardless of age, should be another opportunity for voters to choose. Indiana’s response to our petition provided no justification for Indiana’s arbitrary age-based excuse for receiving an absentee ballot. Nor are the State of Indiana or Indiana voters served in any way by applying this age-based test to voters who wish to vote at home.
Now the legal battle will be remitted back to the Southern District court where it started.