ILNews

Attorneys ask justices to consider voter ID case

Back to TopE-mailPrintBookmark and Share

In an expected move, the Indiana Attorney General's Office has asked the state Supreme Court to consider whether the 4-year-old voter identification law is constitutional.

That happened Friday, and today the attorneys who'd persuaded the Indiana Court of Appeals to strike down the statute planned to file a transfer petition seeking Supreme Court review.

So begins the briefing period that will further expand the legal reasons various attorneys think the Indiana Supreme Court should weigh in on the constitutionality of the state's voter ID law, which is now in flux after the ruling in League of Women Voters of Indiana and League of Women Voters of Indianapolis Inc. v. Todd Rokita, in his official capacity as Indiana Secretary of State, No. 49A02-0901-CV-40.

A unanimous Indiana Court of Appeals panel of Judges Patricia Riley, James Kirsch, and Paul Mathias reversed Sept. 17 a ruling by Marion Superior Judge S.K. Reid, who late last year upheld the state statute and found it didn't violate Indiana Constitution Article 2, Section 2 and Article 1, Section 23. Instead, the appellate judges found the law "regulates voters in a manner that's not uniform and impartial," and as a result they instructed the trial judge to enter an order declaring it void.

While this is the first time the state justices could consider this issue as it relates to the Indiana Constitution, the federal courts - U.S. Supreme Court, 7th Circuit Court of Appeals, and the U.S. District Court, Southern District of Indiana - have all upheld the state statute adopted by the General Assembly in 2005.

In its transfer petition, the AG's office urges the state justices to accept the case on grounds that this case signifies an issue of great public importance that it notes "protects the legitimacy of elections," "enjoyed 75 percent public support at the time of enactment," and has been upheld at each federal court level.

The main arguments in the petition are:

• The League wrongfully sued the Indiana Secretary of State, who does not enforce the statute; the Court of Appeals dismissed this issue after finding he was a satisfactory defendant.

• The in-person and absentee voting processes are inherently different in ways that matter to the usefulness of the voter ID requirement.

• The nursing home precinct exemption reasonably relates to inherent characteristics of residents who vote where they live.

• "The Voter ID Law is self-evidently constitutional, so there has never been any point in proceeding with discovery or evidentiary submissions," the brief states. "The trial court agreed and dismissed the case. The Court of Appeals, however, responded to the motion to dismiss not simply by reinstating the case, but by ordering judgment against the State. The State has not even been permitted to answer the complaint, much less put the League to its burden or come forward with evidence. In this regard, the decision below departs so significantly from law and practice that it independently justifies granting transfer."

Indianapolis attorney Bill Groth at Fillenwarth Dennerline Groth & Towe told Indiana Lawyer he planned to file the League's transfer petition today. The petition relates to the appellate court's finding that the law isn't a substantive voting qualification but a procedural regulation, Groth explained.

Each side will be given a chance to file a set of response briefs before the justices take the issue under advisement. No timeline exists for them to make a decision.

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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

  2. 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.

  3. 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.

  4. 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.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

ADVERTISEMENT