OSU Navigation Bar

Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz


Litigation

Crawford v. Marion County Election Board

Case Information

Date Filed / Ended: April 2, 2005 / April 28, 2008
State: Indiana
Issue: Voter ID
Courts that Heard this Case: U.S. District Court Southern District of Indiana (Indianapolis) (Case 1:05-cv-00634); U.S. Court of Appeals, 7th Circuit (Case 06-2218); U.S. Supreme Court (Case 07-25)

Issue:

Whether Indiana's statute requiring state-issued photographic voter identification is constitutional.

Status:

Judgment entered by 7th Circuit upholding the Indiana Photo ID Law, 1/4/07. Petition for rehearing filed denied. Petition for Writ of Certiorari filed with U.S. Supreme Court, 7/2/07. Certiorari granted 9/25/07. The case was argued before the U.S. Supreme Court on 1/9/08.

Case Summary

In this case, the Indiana Democratic Party, the Marion Democratic Central Committee and League of Women Voters ("Plaintiffs"), are challenging Indiana's new voter identification scheme.

This law requires a voter to show valid photographic identification before casting a ballot. When voters do not have valid identification, they may cast a provisional ballot and have until the second Monday after the election to provide valid identification and sign an affidavit affirming they are the person who cast the provisional vote, or sign an affidavit claiming indigence or religious objection to having their photograph taken.

The Plaintiffs assert that there are four problems with this system: (1) the cost of the identification, travel and birth certificate required to obtain identification constitute a poll tax; (2) the need to go to the county election board to sign an affidavit constitutes an added unnecessary burden; (3) the regulations do not apply to all voters, namely absentee voters, giving rise to disparate treatment; and, (4) many of the Indiana Bureaus of Motor Vehicles, the only location to obtain valid identification, are difficult to get to, especially in rural counties.

Plaintiffs requested injunctive relief preventing the enforcement of this regulation and declaratory relief stating that the regulation violates the Fourteenth Amendment of the United States Constitution.

Defendants, Secretary of State and the co-directors of the Indiana Election Division of the Secretary of State's office, claim they have no responsibility for enforcement of these regulations and cannot remedy the problem should judgment be granted against them, making them improper parties to this action. All Defendants, including the Marion County Elections Board, are claiming Eleventh Amendment immunity in this action.

United States Supreme Court documents

Court of Appeals Documents

District Court Documents

Related Links

Commentary

In the News

David  Stebenne

Can Kasich win all 88 Ohio counties?

Professor David Stebenne was quoted in an Ohio Watchdog article about the possibility of Governor John Kasich winning all 88 Ohio counties in his re-election bid.

“It’s really hard to do,” he said. “As popular as the governor is and as weak as his opponent is, I doubt he’ll carry all 88 (counties).”

Stebenne said Ohio has some unusual counties, which tend to be really Democratic or really Republican.

He said a good example was the election of 1956, when President Dwight Eisenhower carried 87 of 88 Ohio counties.

“He lost one of the Appalachian counties — a poor county where the residents tend to vote Democratic no matter what,” Stebenne said. “There was even some humorous discussion in the Oval Office about that one county.”

Glenn and Voinovich were “the two most popular candidates in modern history,” he added, “and they each only did it once. While Kasich is popular, he really doesn’t have the broad appeal that these two did.”

Stebenne said that both Voinovich and Kasich come from communities that tend to be more Democratic in voter registration, but that Kasich’s first race for governor was more divisive than the races for Voinovich.

“Voinovich had electoral success in Cleveland and as governor because he was able to persuade Democrats to vote Republican,” he said. “Glenn had national appeal across party lines.”

more EL@M in the news...

Info & Analysis

10th Circuit Reverses District Court on KS and AZ Proof of Citizenship Requirement

The Tenth Circuit U.S. Court of Appeals issued an opinion today in Kobach v. EAC, rejecting the proof of citizenship requirement imposed by Kansas and Arizona in the voter registration process.

more info & analysis...