INDIANAPOLIS — Two days after Indiana Secretary of State Connie Lawson sent out a notice to all county clerks about invalid absentee ballot applications circulating in the state, her office’s election division reversed course Friday and decided to approve the applications despite the forms missing instructions.
Lawson, a Republican, said in a press release that she asked the co-directors of the Indiana Election Division to approve the forms, even though they don’t comply with state law. The Indiana Democratic Party mailed out the applications in question, possibly hundreds of thousands, the release stated.
“I am committed to resolving this matter as quickly as possible to avoid voter disenfranchisement,” Lawson said in the press release. “I want to ensure all Hoosiers have their voice heard this election.”
Indiana Democratic Party Chairman John Zody issued a statement on Friday following Lawson’s decision. According to the secretary of state’s press release, an attorney for the party contacted the state office and acknowledged the defective applications were mailed out to Indiana voters.
“We are glad the Secretary of State agrees with Hoosier Democrats that every eligible voter in Indiana should be able to freely and easily exercise their constitutional right to vote,” Zody said in a press release. “We will continue to work toward this goal until the polls close on Tuesday, Nov. 6.”
Lawson said some Indiana counties, which approve the validity of absentee ballot applications, have already rejected defective ballots. It’s unknown as to which counties have not approved the forms.
The Hancock County Election Board, which met Wednesday in an emergency session, voted to still OK the absentee ballot applications regardless of the initial recommendation of the state. Marcia Moore, Hancock County Clerk, received an email from Lawson’s office Wednesday morning pertaining to the defective applications. It stated if county clerks received one of the invalid applications, they should “contact the voter and ask them to fill out a valid application immediately so there is time to remedy the situation.”
According to state law, voters have to use the most recent absentee ballot application approved by the state election division.
Bob Bogigian, president of the Hancock County Election Board, said a section of Indiana Code stating requirements counties have to follow in granting an absentee ballot to a voter doesn’t include needing instructions on when or where to file.
“If it has the requisite information that the statute requires, I’m not so sure that the absence of the instructions makes that form invalid,” Bogigian said. “To me, this is exalting form over substance.”
Bogigian, Moore and election board member John Apple all voted to proceed in approving the applications.
Moore said if the county had to contact all voters that submitted the form provided by the Democratic Party, it could create voter confusion and cost the county time and money. Moore said the clerk’s office mailed out 50 absentee ballots to voters on Tuesday, and they’ve received a couple hundred applications.
“In my opinion, it is the voter’s intent to have received the ballot or else they never would have turned in an application to get a ballot, regardless of who did or didn’t send them that form to get the ballot,” Moore said.
If a voter did receive a form from the Democratic Party and used it to apply for an absentee ballot, Lawson said they should check the status of the application on Indianavoters.com. Voters with questions, she added, can also call the Hoosier Voter Hotline at 866-IN-1-VOTE. Absentee voters have until 11:59 p.m. Oct. 29 to turn in ballot applications to county election offices.
