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Class action suit challenges voter-removal statute

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State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind bars, but that could change if a federal suit is successful.

The class action suit – David R. Snyder v. J. Bradley King, et al., No. 1:10-CV-1019 – filed Monday in the U.S. District Court, Southern District of Indiana challenges a state statute allowing for that prohibition. The suit claims the statute not only violates the U.S. and Indiana constitutions but also flies in the face of appellate caselaw holding that voting rights can be restricted only for felony convicts.  

South Bend resident David R. Snyder charges that state officials wrongly removed him from the statewide voter registration list because of a 2008 conviction for Class A misdemeanor battery that led to his two-month incarceration in early 2009. Snyder received a letter from St. Joseph County Clerk Rita Glenn in March 2009 that stated his voter registration was being cancelled immediately pursuant to Indiana Code 3-7-46.

The notice also said that I.C. 3-7-13-4(a) and 3-7-46-1 and -2 allow for his removal from the statewide voter registry, along with the Indiana Election Division’s standard operating procedure VRG 12.1 that states anyone “imprisoned following a conviction of a crime is disfranchised during the person’s imprisonment.”

The lawsuit says that as a result of that voter ineligibility, Snyder was not able to vote in subsequent elections, including a local referendum vote in November 2009 and the May 2010 primary. He filed a written complaint earlier this year with the Indiana Election Division and the county, exhausting what the lawsuit says is the available administrative grievance process.

Pursuing this suit as a class action, Snyder’s attorneys argue that the size of the group is currently unknown and that it could be “so numerous that joinder of all members is impractical.”

Citing the National Voter Registration Act of 1993, the Help America Vote Act of 2002, the Civil Rights Act of 1964, and the First and 14th amendments, Snyder argues that he was wrongly prevented from being included on the voter rolls. He also raises a state claim that the law violates Article 2, §8 of the Indiana Constitution with a discriminatory and unlawful procedure.

While the Indiana Constitution permits the state to restrict voting of those convicted and imprisoned for any “infamous crime,” the suit explains that the Indiana appellate courts have defined that to be a felony.

The suit asks that the federal court certify Snyder’s class and to issue an injunction preventing state officials from removing those class members from the voter rolls, specifically declaring that the Indiana law provisions are violations of the U.S. Constitution. The suit also asks for the federal court to certify a question to the Indiana Supreme Court: whether the term “infamous crimes” in the state constitution applies to misdemeanors punishable by actual incarceration.

Indianapolis attorney William Groth with Fillenwarth Dennerline Groth & Towe is representing Snyder.

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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