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Plaintiff loses federal challenges to voter ID law

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A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but did remand his pending state claims to a Marion Superior Court for consideration.

U.S. District Judge Larry J. McKinney in the Southern District of Indiana granted summary judgment April 16 for Marion County, Marion County Clerk Beth White, and the State of Indiana in Robbin Stewart's lawsuit challenging Indiana's statutory requirement that a person voting at the polls has to present a government-issued photo ID. Stewart has an acceptable form of identification but believes having to present it violates his rights.

Stewart argued in Robbin Stewart v. Marion County, et al., No. 1:08-CV-586, that the voter ID law violates the First, Fourth, 14th and 24th amendments of the U.S. Constitution. His challenges based on the First and 14th amendments are foreclosed by Indiana Democratic Party v. Rokita, 458 F. Supp.2d 775 (S.D. Ind. 2006), and Crawford v. Marion County Election Board, 553 U.S. 181 (2008). His challenge that the voter ID law is a poll tax also failed because the 7th Circuit already noted that it's not a poll tax in Crawford.

"Stewart already has a driver's license, which is a valid form of photo identification. Therefore, he has not been required to incur any extra costs to obtain a valid photo identification to present when voting and does not have standing to challenge any alleged fees which might be incurred by a person not similarly equipped with photo identification," wrote Judge McKinney.

Stewart's Fourth Amendment challenge failed because those rights aren't affected. Stewart had a choice when voting in person - present his driver's license and vote, or refuse to present it and choose to cast or not cast a provisional ballot. The encounter was consensual and had no impact on his rights, wrote the judge.

"Even if requiring identification at the polls does constitute a search, it still does not violate the Fourth Amendment," wrote Judge McKinney. "... the State of Indiana has an important interest in preventing voter fraud. Asking every voter who appears at the polls for identification in a consistent manner is a lawful means of serving this interest."

The federal judge decided not to exercise supplemental jurisdiction over Stewart's pending claims under Indiana state law and remanded the case to Marion Superior Court for consideration. Last year, the Indiana Court of Appeals held that the voter ID law violates Article 1, Section 23 of the Indiana Constitution in League of Women Voters of Indiana, et al. v. Rokita, 915 N.E.2d 151 (Ind. Ct. App. 2009). The case is currently pending before the Indiana Supreme Court, which heard arguments in the case March 4.

Stewart, an attorney, was suspended in May 2009 for not fulfilling CLE requirements.

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  1. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  2. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  3. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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  5. I am terrified to see Fracking going on not only in Indiana but in Knox county. Water is the most important resource we have any where. It will be the new gold, and we can't live without it and we can live without gold. How ignorant are people?

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