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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. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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