Judge to Indiana: Count ballots mailed by Election Day

Posted: Sep 30, 2020 / 07:15 PM EDT / Updated: Sep 30, 2020 / 07:17 PM EDT

A person drops into a mail box applications for mail-in ballots, in Omaha, Neb., Tuesday, Aug. 18, 2020. The Postmaster general announced Tuesday he is halting some operational changes to mail delivery that critics warned were causing widespread delays and could disrupt voting in the November election. Postmaster General Louis DeJoy said he would “suspend” his initiatives until after the election “to avoid even the appearance of impact on election mail.” (AP Photo/Nati Harnik)

INDIANAPOLIS (AP) — A federal judge has ruled that Indiana law cannot dismiss mail-in ballots that don’t arrive at county election offices by noon on Election Day.

Tuesday’s decision orders state election officials to count mail-in ballots if they’re postmarked on or before Nov. 3 and received by voting offices no later than Nov. 13.

The ruling comes in a lawsuit filed by Common Cause and the NAACP, which argues that thousands of people voting by mail because of the coronavirus pandemic risk having their ballots not counted because of slow mail delivery and other factors outside their control.