Settlement creates absentee voting options for Indiana voters with print disabilities

Feb. 1—An Indiana lawsuit seeking increased ballot accessibility for voters with print disabilities has been settled, according to two disability rights' groups.

Kristin Fleschner of Terre Haute was one of the plaintiffs in the federal lawsuit, filed in December 2020 in the U.S. District Court for the Southern District of Indiana.

The suit was filed against the Indiana Election Commission and the Indiana Secretary of State. The Indiana Election Division was added to the lawsuit in October 2021.

As a result of the settlement, the state has agreed to acquire a new, remote accessible ballot marking tool that will allow these voters to cast their absentee ballots privately and independently, according to a news release from the disability rights' groups..

"Voters will be able to access and mark their ballots digitally with their own assistive technology thanks to this tool," they wrote. Once the ballot has been marked, voters will be able to submit it via email. The tool will be available to voters in time for the May 2023 primary election.

The court has granted two preliminary injunctions against the state defendants striking down Indiana's rule that absentee voters who could not independently mark their own ballot may vote absentee by mail only by appointment with a "traveling board" of elections officials.

The court also extended the latest preliminary injunction through the May 2023 primary election while a legislative amendment removing that requirement is sought.

In the meantime, eligible voters who want to exercise the new remote, accessible ballot marking tool option should apply for an absentee ballot.

The absentee application can be accessed by logging into the Voter Portal and selecting "Voter With Print Disabilities." Alternatively, voters with a print disability can complete and submit a PDF version of the form.

Absentee voting, commonly known as early voting, begins April 4. Election Day is May 2.

Plaintiffs American Council of the Blind of Indiana, Indiana Protection and Advocacy Services Commission, Kristin Fleschner, Rita Kersh, and Wanda Tackett were represented by Tom Crishon and Sam Adams from Indiana Disability Rights and Jelena Kolic, Rosa Lee Bichell, and Madeleine Reichman from Disability Rights Advocates.

Sue Loughlin can be reached at 812-231-4235 or at sue.loughlin@tribstar.com Follow Sue on Twitter @TribStarSue