ILNews

New voter ID lawsuit filed

Michael W. Hoskins
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The League of Women Voters of Indiana filed a lawsuit today in Marion County challenging the state's three-year-old voter identification statute recently upheld by the U.S. Supreme Court.

At 2 p.m. today, the organization filed the suit with the Marion Superior Court against Indiana Secretary of State Todd Rokita, arguing that it has the standing to sue on behalf of its members because the state statute burdens potential voters and would cause the league to have to spend "precious resources" assisting voters without the required ID.

This lawsuit comes following the April 28 ruling from the nation's highest court in William Crawford, et al. v. Marion County Election Board, 128 S. Ct. 1610 (2008), which upheld the state law that is considered the strictest in the nation. That ruling rejected the facial challenge, but left the door open for as-applied challenges in federal court and those involving state constitutional claims.

But that case won't have much impact here, according to Indianapolis attorney William Groth who is co-counsel on this suit. The league is only raising Indiana constitutional challenges, which makes this different, he said.

"Crawford only minimally factors in," Groth said. "It discusses the law, how it operates, and sets the legal landscape for us, but doesn't have any impact."

Specifically, the suit says the 2005-passed Indiana voter ID law violates the Indiana Constitution's Article 2, Section 2, which states citizens only need to meet the age, citizenship, and residency requirements in order to cast a vote in-person. Any change the legislature might make must come through a constitutional amendment, not a statute, which didn't happen here, the suit says.

The suit doesn't name any specific plaintiffs, but does mention two specific election examples where individuals were restricted from voting because of the law.

One example happened during the 2007 municipal election when at least 34 voters arrived to vote without the required photo ID and were given provisional ballots - only two produced that ID later to have their votes count. The second example occurred during the May 2008 primary when 12 elderly St. Joseph County nuns were not even allowed to cast provisional ballots because they didn't have the required ID.

"Our argument will turn on whether the voter ID law imposes a new substantive requirement, or whether it's merely regulating the mechanics of the voting process," Groth said. "It's a subtle and nuanced distinction, but our Indiana caselaw supports that this must be a constitutional amendment."

The suit requests a speedy hearing for a declaratory relief in time for the Nov. 4 general election, though Groth expects the controversial issues involved here will require this case to be appealed and that could take longer.

Read the June 25-July 8, 2008 issue of Indiana Lawyer for a more in-depth story on this lawsuit, another in federal court, and others across the nation challenging voter identification requirements.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT