Indiana court strikes down tough voter ID law

Lawyer Blogs

The state Court of Appeals on Thursday struck down an Indiana law requiring government-issued photo identification for voters, overturning on state constitutional grounds a strict law previously upheld by the U.S. Supreme Court.

Considered one of the nation's toughest voter identification laws, it requires that a state or federal photo ID card be presented at the ballot box. Critics have said it disenfranchises some poor, older and minority voters. Supporters contend it is needed to prevent voter fraud at the polls, which critics say is rare.

Republican Gov. Mitch Daniels called Thursday's 3-0 ruling "an act of judicial arrogance."

"It would be one thing if this thing had not already been litigated from the bottom up through the federal system, and multiple court rulings — including the Supreme Court of the United States — hadn't already spoken," Daniels said.

The Indiana Democratic Party previously challenged the law in federal court, saying it violated the U.S. Constitution. But the nation's highest court upheld 6-3 in April 2008.

The League of Women Voters then challenged the law in state courts, arguing it violated the Indiana Constitution by imposing a requirement on some, but not all, voters.

A Marion County judge dismissed the suit in December, but the League appealed, and this time a panel of judges ruled in its favor. In a 29-page ruling, Judge Patricia A. Riley wrote that the trial court must declare the law void because it regulates voters in a way that is not "uniform and impartial."

The judges held that it was irrational to require those who vote in person to verify their identities when those who vote by mail are not required to do so even though absentee voting is more susceptible to fraud. The panel also said the law arbitrarily gives preferential treatment to people who vote in nursing homes where they live because they aren't required to show a photo ID even though other elderly people who vote elsewhere must.

While the nursing home discrepancy could be remedied easily by requiring those residents to present ID, the treatment favoring absentee voters might require legislation to fix, the judges said.

Related listings

  • Burglar pleads guilty in NYC cop-shoots-cop case

    Burglar pleads guilty in NYC cop-shoots-cop case

    Lawyer Blogs 09/18/2009

    A man has pleaded guilty to breaking into the car of an off-duty New York City police officer who was then killed in a friendly fire shooting.Miguel Goitia pleaded guilty Wednesday to criminal mischief. He will serve 1 1/2 to 3 years in prison.Office...

  • No retrial for condemned man after judge-DA affair

    No retrial for condemned man after judge-DA affair

    Lawyer Blogs 09/17/2009

    A Texas death row inmate won't be able to argue for a new trial, despite admissions of an affair between his trial judge and the prosecutor, a court announced Wednesday. The Texas Court of Criminal Appeals ruled 6-3 that convicted murderer Charles De...

  • 2 men plead guilty in teen prostitution ring

    2 men plead guilty in teen prostitution ring

    Lawyer Blogs 09/16/2009

    Two men pleaded guilty Tuesday to participating in a ring that forced teenage girls to work as prostitutes in a half dozen states - Florida, Massachusetts, Maine, New Jersey, New York and Pennsylvania. Shaun Leoney, 28, of Boston, and Aaron Brooks, 2...

New Rochelle, New York Personal Injury Lawyers

If you or a loved one has been injured in an accident, contact Kommer, Bave & Ollman, LLP, in New Rochelle, New York, immediately. We can answer all your questions and work with you to determine if you have the grounds for a personal injury lawsuit. The attorneys at our firm are determined to resolve even the most difficult of cases. We will work closely with you to determine the best course of action to get your claim or case resolved in the most efficient way possible. We will fight for your right to compensation! No one should have to suffer a financial burden from the result of another person’s carelessness. The attorneys at Kommer, Bave & Ollman, LLP will aggressively fight to ensure that justice is served on your behalf.

Business News

New York & New Jersey Family Law Matters We represent our clients in all types of proceedings that include termination of parental rights. >> read