Floyd county voter

A voter casts a ballot in Floyd County, Ind Oct. 10, 2020 (WDRB photo).

NEW ALBANY, Ind. (WDRB) -- A ruling Tuesday by the U.S. Court of Appeals means voters with absentee ballots in Indiana will have to make sure the ballots are received by Election Day. 

A ruling in a lawsuit after the May primaries resulted in a grace period of 10 days after the election for absentee ballots to be counted. The lawsuit was filed by Common Cause Indiana and the Indiana State Conference of the NAACP. They said about 1,500 ballots in Marion County, which includes Indianapolis, and 400 in Hamilton County were rejected in the primary election because they arrived after the noon deadline.

A judge cited slow mail delivery because of COVID-19 as a reason for extending the deadline if ballots were postmarked by Nov. 3. But the appeals court, in a 3-0 opinion, overturned the decision and said Indiana's Election Day rule was still valid. 

In Floyd County, around 6,000 absentee ballots have been mailed out with around 4,000 already returned, according to County Clerk Denita Burks. 

"We just ask you fill it out and get it back in the mail as soon as possible," Burks said of absentee ballots. "You can always drop it off at the clerk's office by walking it in, but you need your ID."

Early voting began last week in Indiana. As of Tuesday, there had been more than 6,000 ballots cast in the early period in Floyd County. 

Indiana voters who need an absentee ballot must apply by Oct. 22. They also must have a reason accepted by the state.

Voting information, including locations of early voting and hours can be found below: 

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