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LWVIN and Indiana Voter ID Law Litigation

The League of Women Voters of Indiana in accordance with the LWVUS Citizens Right to Vote position opposes the Indiana Voter (Photo) ID Law (P.L. 109-2005 ) which was approved by the Indiana State Legislature in 2005.

Soon after the Voter ID Law was enacted in Indiana , the ACLU of Indiana and the Democratic Party of Marion County filed a lawsuit in the federal courts to declare this law unconstitutional based on the national constitution. Given the League's position, LWVIN and LWV of Indianapolis filed an amicus brief in support of the plaintiffs. As it went through the federal court system, the plaintiffs appealed the losses to the highest level and finally it was accepted by the Supreme Court of the United States (SCOTUS). LWVIN and LWV of Indianapolis supported this case with an amicus brief. See the press release for this action of November 14, 2007 . SCOTUS heard the oral arguments of the case on January 9, 2008 . To read more about the case and the briefs supporting the plaintiffs go to the Brennan Center for Justice at the NY School of Law.

You can also find the amicus brief that LWVIN, LWV of Indianapolis and LWVUS submitted to SCOTUS in support of the appeal. The Indiana lawyers, LWVUS lawyers and lawyers from the Brennan Center worked tirelessly to prepare a well crafted and powerful statement which was obviously read by the Justices and taken into consideration by many. This was evident by the statements and questions of the Justices during the oral arguments. The content of our brief also surfaced in their written opinions once the decision was rendered. The decision was 6-3 against the plaintiffs so the Indiana Voter ID Law remains in effect. There were three opinions submitted from the justices who left the door open for states to reconsider their own voter id laws and language to encourage additional lawsuits.

Also read President of LWVUS Mary Wilson's press release on the Supreme Court's decision on the Indiana Voter ID Law.

On June 20, 2008 LWVIN and LWV of Indianapolis filed a complaint in the Marion Superior Court against the Marion County Election Board stating that the Indiana Voter ID Law is unconstitutional based on the three eligibility requirements to vote in Indiana as listed in the Indiana Constitution, Article 2, Section 2 (a) which states "A citizen of the United States who is at least eighteen (18) years of age and who has been a resident of a precinct thirty (30) days immediately preceding an election may vote in that precinct at the election."

An amended complaint was filed in early July to add a second count pointing out the disparity in the law between voters. Voters who vote in-person must present an acceptable ID but those voting absentee by mail are not required to do so. Read the complete complaint. As developments occur with this action news will be released to League members and citizens of Indiana through the press, State Voter and this website.