ILNews

High court grants transfer to voter ID case

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court will decide whether the state's voter identification law violates the Indiana Constitution.

The high court granted transfer today to League of Women Voters of Indiana Inc., et al. v. Todd Rokita, No. 49A02-0901-CV-40, in which the Indiana Court of Appeals unanimously found the law "regulates voters in a manner that's not uniform and impartial." The appellate court reversed Marion Superior Judge S.K. Reid's 2008 ruling that the statute didn't violate Indiana Constitution Article 2, Section 2 and Article 1, Section 23.

The Indiana Attorney General's Office filed the petition for transfer in October. The statute has been upheld by the U.S. District Court, Southern District of Indiana, 7th Circuit Court of Appeals, and the United States Supreme Court in William Crawford, et al. v. Marion County Election Board, 128 S. Ct. 1610 (2008).

The League of Women Voters claimed the voter ID law passed in 2005 violates Article 2, Section 2 of the state constitution that says citizens only need to meet age, citizenship, and residency requirements in order to vote in person. The plaintiffs believed any change must come through a constitutional amendment. The plaintiffs also argued the statute violates the state constitution under the equal privileges and immunities section because it's created disparate treatment of in-person voters because not every photo ID is uniform.

The Court of Appeals found the statute unconstitutional on its face. Indiana's lack of stringent absentee-voter regulations makes it unreasonable for this voter ID statute to put additional burdens only on in-person voters and not the others, the panel held. The judges also found Crawford didn't address the state statute questions at issue in the instant case.

The presidents of League of Women Voters of Indiana and League of Women Voters of Indianapolis released a joint statement today regarding the transfer.

"We are confident that after Indiana's highest court carefully examines the Voter I.D. Law, it will conclude that the burdens it imposes on otherwise qualified voters who vote in person are not justified by, or reasonably related to, its alleged purpose of preventing fraud," the statement said. "It is unjust that in-person voters be required to present government identification if they want their ballot counted. Such a requirement imposes an additional voting qualification not authorized in our state's Constitution."

Indiana Secretary of State Todd Rokita also released a statement saying, "I am fully confident that when the justices of the Indiana Supreme Court review the merits of our exemplary law they, like their counterparts on the U.S. Supreme Court, will allow the law to stand."

Oral arguments haven't been set but will be scheduled by a further order, according to the transfer.

ADVERTISEMENT

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

ADVERTISEMENT