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Free Citizen

This writer espouses individual liberty, free markets, and limited government.

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Location: Jackson, Mississippi, United States

Friday, June 20, 2008

New Suit Against Indiana Photo Voter ID Law

On April 28, the U. S. Supreme Court (SCOTUS) upheld Indiana's strictest-in-the-nation photo voter identification law. That case was decided on a facial challenge under the U. S. Constitution, but the high court left the door open for as-applied challenges in federal courts as well as challenges under state constitutions.

Now the League of Women Voters of Indiana has filed a state constitutional lawsuit against the photo voter ID law. The league argues that the legislature erred in enacting the measure by statute, rather than through a constitutional amendment. One of the lawyers for the league says that the SCOTUS's ruling will have little effect in this case. The suit cites two specific examples in which it claims that citizens were prevented from voting under the photo voter ID law, which was passed in 2005.

It's worth noting that the Missouri Supreme Court recently nullified the Show-Me State's voter ID law in a similar state constitutional case.

In Rhode Island, Gov. Don Carcieri, a Republican, has proposed photo voter ID, and the state ACLU has criticized the proposal (surprise, surprise).

Thanks to Election Law Blog.

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