Category Archives: election law

SCOTUS upholds Indiana Voter ID law

In a result that is sure to set off a string of similar legislation across the country in preparation for the upcoming election, the Supreme Court upheld the 7th Circuit’s decision regarding the constitutionality of Indiana’s Voter ID statute.  Below is the summary from the opinion’s syllabus.  You can get a copy of the decision here (courtesy of SCOTUSblog and their amazing ability to post it before the Court does)

After Indiana enacted an election law (SEA 483) requiring citizens voting in person to present government-issued photo identification, petitioners filed separate suits challenging the law’s constitutionality.

Following discovery, the District Court granted respondents summary judgment, finding the evidence in the record insufficient to support a facial attack on the statute’s validity. In affirming, the Seventh Circuit declined to judge the law by the strict standard set for poll taxes in Harper v. Virginia Bd. of Elections, 383 U. S. 663, finding the burden on voters offset by the benefit of reducing the risk of fraud.

Held: The judgment is affirmed.

Update: See Court rejects voter ID challenge; no new grants (SCOTUSblog) for a quick rundown of the opinion and Supreme Court Upholds Voter ID Law in Indiana (AP via NYT) for the earliest news coverage.

Update #2: See MU Professor Says U.S. Supreme Court’s Decision to Uphold Voter ID Law Should Not Revive Stricken Missouri State Law (MU News Bureau) for analysis on the potential Missouri impact by MU Law Professor Reuben, Initial Thoughts on the Supreme Court’s Opinion in Crawford, the Indiana Voter Identification Case (Election Law Blog) for a general breakdown by Loyola (LA) Professor Rick Hansen, In a 6-to-3 Vote, Justices Uphold a Voter ID Law (NYT) for more detailed news coverage by Linda Greenhouse, and the New York Times’ Editorial (from 4/29/08) The Court Fumbles on Voting Rights (NYT).

New Voter ID Study Shows Race, Age, and Income-Based Disenfranchisement

From the Brennan Center’s Press Release:

NEW YORK – Citing new evidence that Indiana’s voter identification law is disenfranchising thousands of Indiana voters, lawyers at the Brennan Center for Justice at NYU School of Law and a coalition of voting rights organizations filed a friend-of-the-court brief today urging the U.S. Supreme Court to scuttle the Indiana law. The brief is one of more than 20 amicus briefs being filed today by voting rights advocates, current and former Secretaries of State, law professors, historians, political scientists, student organizations, labor unions and civic, religious and civil rights organizations. A full list of amici and a summary of their briefs is available here.The Brennan Center’s brief comes as new research, also released today, from the University of Washington Institute on for the Study of Ethnicity and Race is providing the first direct evidence that Indiana’s voter identification law is disenfranchising thousands of Indiana voters, especially African-American and low-income voters as well as senior citizens and students.

“The state of Indiana has the most stringent voter identification law in the country. This study makes clear that their law – rather than preventing fraud – is actually disenfranchising substantial numbers of Indiana voters,” said Michael Waldman, the Brennan Center’s executive director.

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