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Attorneys ask justices to consider voter ID case

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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.

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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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