Barbara Tully, et al. v. Paul Okeson, et al.

Indiana’s absentee voting laws expressly distinguish between voters based on age by giving all voters age 65 or older an entitlement to cast an absentee ballot by mail. Indiana chose to allow all voters to vote by mail for the June 2020 primary election but subsequently enforced its age-based rules in the November 2020 general election. The questions presented are:

1. Whether Indiana violates the Twenty-Sixth Amendment to the U.S. Constitution by giving voters age 65 and older the right to cast an absentee ballot by mail while requiring otherwise identical voters age 18 to 64 to cast their ballots in-person; and

2. Whether, in circumstances where in-person voting presents special dangers, Indiana’s absentee voting scheme violates the Fourteenth Amendment to the U.S. Constitution by burdening the right to vote of voters age 18 to 64.