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District judge sends voter ID suit back

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Indiana Lawyer Rehearing

"Courts coordinate voter ID cases" IL Jan. 6-19, 2010

A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but has remanded his pending state claims back to Marion Superior Court where the case initially started.

In the case of Robbin Stewart v. Marion County, et al., No. 1:08-CV-586, U.S. District Judge Larry J. McKinney in the Southern District of Indiana granted summary judgment April 16 for Marion County, Clerk Beth White, and the State of Indiana. The case challenged the state's voter ID law that's been upheld on one front by the Supreme Court of the United States and is currently pending on state issues before the Indiana Supreme Court. Stewart initially filed the case in state court in 2008, but it was removed to federal court. He argued the law violates the First, Fourth, 14th, and 24th amendments to the U.S. Constitution.

The judge ruled that Stewart's First and 14th amendment claims are fore- closed by the decisions that went to the SCOTUS in Indiana Democratic Party v. Rokita, 458 F. Supp.2d 775 (S.D. Ind. 2006), and Crawford v. Marion County Election Board, 553 U.S. 181 (2008). He also ruled that claims on the voter ID law being a poll tax should also fail because the 7th Circuit already noted that it's not a poll tax in Crawford. Stewart's Fourth Amendment challenge failed because those rights aren't affected, and there was no impact on his rights because he had a choice to not present his license in order to vote or fill out a provisional ballot.

"Even if requiring identification at the polls does constitute a search, it still does not violate the Fourth Amendment," Judge McKinney wrote. "... The State of Indiana has an important interest in preventing voter fraud. Asking every voter who appears at the polls for identification in a consistent manner is a lawful means of serving this interest."

The judge decided not to exercise supplemental jurisdiction over Stewart's pending claims under Indiana state law and remanded the case to Marion Superior Court for consideration. The remand comes after the Indiana Supreme Court heard arguments in March in League of Women Voters of Indiana, et al. v. Rokita,
No. 49S02-1001-CV-00050, which challenges the voter ID law on state claims and last year saw the Indiana Court of Appeals strike it down as unconstitutional.

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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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