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In affirming the decision of the District Court, the Seventh Circuit characterized the issue as follows:
These claims hinge on one question: what is “the right to vote”? In McDonald v. Board of Election Commissioners of Chicago, the Supreme Court told us that the fundamental right to vote does not extend to a claimed right to cast an absentee ballot by mail…. And unless a state’s actions make it harder to cast a ballot at all, the right to vote is not at stake…. Considering that definition, Indiana’s absentee-voting regime does not affect Plaintiffs’ right to vote and does not violate the Constitution. In the upcoming election, all Hoosiers, including Plaintiffs, can vote on election day, or during the early-voting period, at polling places all over Indiana. The court recognizes the difficulties that might accompany in-person voting during this time. But Indiana’s absentee-voting laws are not to blame. It’s the pandemic, not the State, that might affect Plaintiffs’ determination to cast a ballot.