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Judge declines to interfere with voter ID law

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A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.

On Tuesday, U.S. District Judge Larry McKinney denied a temporary injunction request from a Cumberland attorney and resident who is challenging Indiana's 3-year-old voter ID law that's been upheld by the Supreme Court of the United States.

Plaintiff Robbin G. Stewart filed the suit in April in Marion County, though it was later removed to the U.S. District Court, Southern District of Indiana, to resolve the multiple federal and state constitutional claims. In September, Stewart asked the judge for one of three potential relief options: that he be allowed to vote without showing the required photo ID; that the state and county be required to count all provisional ballots cast by those not showing photo ID; or that the state not be allowed to enforce the voter ID law during the Nov. 4 general election.

Judge McKinney heard arguments Oct. 14 in Robbin Stewart v. Marion County, et al., No. 1:08-cv-586-LJM-TAB, and took the matter under advisement.

In his 10-page ruling, Judge McKinney rejected each of Stewart's arguments and found that he didn't represent a class of any similarly situated Hoosier voters and that he didn't adequately show any hardship in obtaining a photo ID. The court referenced how Stewart himself had obtained a valid license, and that meant he can vote and wouldn't suffer any irreparable injury by this injunction denial.

Turning to the landmark ruling issued earlier this year in Crawford v. Marion County Election Board, 128 S.Ct. 1610 (2008), Judge McKinney noted the reasoning in that facial challenge case applies to Stewart, even though he'd asserted this as an as-applied challenge that survives the Crawford scrutiny.

"Plaintiff has not designated any evidence to demonstrate a burden that, on balance, outweighs the State's interest in protecting against voter fraud," the judge wrote.

Judge McKinney also rejected Stewart's federal constitutional claims that the state law violates the First and 21st Amendments, finding that the 7th Circuit Court of Appeals in Chicago had explicitly held in Crawford that the law isn't a poll tax and that all courts had decided it didn't violate the First Amendment.

On a claim that the law violates the Fourth Amendment on search and seizures, the judge pointed out that Stewart did not cite a single case holding that poll workers must have probable cause before requiring voters to produce a valid photographic ID, and as a result he didn't show he could win on that claim.

The judge also rejected Stewart's state constitutional claims, finding that he didn't cite adequate legal authority and has not demonstrated any likelihood of success on the merits.

"I'm disappointed but not shocked," Stewart said about the judge's ruling. "The case is still alive; it's not like he dismissed it or anything. The next step is to take this to the 7th Circuit for some preliminary relief."

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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