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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. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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