Justices rule man not disenfranchised under the Infamous Crimes Clause

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The Indiana Supreme Court hesitantly answered Thursday a certified question from the federal court as to whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution.

In David R. Snyder v. J. Bradley King and Trent Deckard, in their Official Capacities as Co-Directors of the Indiana Election Division; and Linda Silcott and Pam Brunette, No. 94S00-1101-CQ-50, David Snyder filed a lawsuit in the Southern District of Indiana, alleging violations of the National Voter Registration Act and other federal laws, as well as the Infamous Crimes Clause of the Indiana Constitution, which gives the General Assembly power to disenfranchise anyone convicted of an “infamous crime.” Snyder was convicted of Class A misdemeanor battery and informed by the St. Joseph County Board of Voter Registration that his registration had been canceled in accordance with state law. The General Assembly has enacted statutes under which a person convicted of a crime and sentenced to an executed term of imprisonment cannot vote while incarcerated. After his release, he never attempted to re-register as he is allowed and instead filed a lawsuit.

The justices took U.S. Judge William Lawrence’s certified question and reframed it as whether misdemeanor battery is an “infamous crime” under Article II, Section 8 of the Indiana Constitution, and if not, whether cancellation of Snyder’s voter registration violated the Indiana Constitution.

In the 30-page opinion, Justice Frank Sullivan explored the history of infamous crimes and previous caselaw to determine that Snyder’s conviction isn’t considered “infamous” under the Infamous Crimes Clause. The justices determined that whether a crime is infamous for purposes of the clause depends not on the nature of the punishment, but on the nature of the crime itself. They refused to make a bright-line rule that all misdemeanors would not fall under the Infamous Crimes Clause.

“We hold that an infamous crime is one involving an affront to democratic governance or the public administration of justice such that there is a reasonable probability that a person convicted of such a crime poses a threat to the integrity of elections,” wrote Sullivan. “An infamous crime may include some felonies and some misdemeanors, but crimes marked by gross moral turpitude alone are not sufficient to render a crime infamous for purposes of the Infamous Crimes Clause.”

The justices held that the Indiana Constitution wasn’t violated when Snyder was not allowed to vote during his incarceration.

“We hold that the Indiana General Assembly has authority under its general police power to disenfranchise persons incarcerated upon conviction of a crime, so long as the disenfranchisement lasts only for the duration of incarceration. That the statute cites the Infamous Crimes Clause as the basis for its enactment, instead of the general police power, does not render it invalid. This language in no way affects the purpose or effect of the statute, and we will not invalidate an otherwise constitutional statute merely because it includes an unnecessary statement of authority,” he wrote.

Sullivan also noted that the “troubling posture” of the case warranted further comment about addressing an issue of state constitutional law in the context of a certified question. He pointed out that Snyder filed his Section 1983 claim in federal court, which depends in large part on an alleged violation of state constitutional law. State courts have concurrent jurisdiction with federal courts over these claims, but by filing in the federal court and asking that Lawrence certify the question to the Indiana Supreme Court, Snyder has “successfully circumvented the normal course of litigation in Indiana courts,” wrote Sullivan.

The high court cautioned future litigants to be aware of the pitfalls of certified questions when deciding whether to proceed in state court or in federal court.



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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.