Indiana court declares that voter ID law violates state constitution, Secretary of State seeks state supreme court review

The Indiana Secretary of State has asked the state supreme court to review a decision of the court of appeals striking down Indiana’s voter identification law. The court of appeals held last month that the law violates equal protection under the state constitution because it imposes disproportionate burdens upon a specific class of voters. Specifically, the law requires in-person voters, but not mail-in voters or residents of some nursing homes, to produce photo ID as a condition to voting. Some scholars have described the law as the most restrictive in the country.

The Indiana legislature passed the voter ID law in 2005. Challenged in federal court in 2007, the law was upheld by the U.S. Supreme Court in April 2008. In its 6-to-3 ruling, the Court held that the state had a “valid interest” in improving election administration procedures and deterring fraud. Challenged again, this time in state court, the law was struck down by a unanimous three-judge panel of the court of appeals, which found that the law violates the Indiana constitution’s guarantee of equal protection.

States are increasingly imposing restrictive laws as a prerequisite to voting. Although the majority of Americans have photo ID, these laws disproportionately exclude from voting many senior citizens, low-income voters, students, and people with disabilities who do not. Advocates of voter ID laws assert that they are necessary to combat in-person voter fraud, although there is no evidence that any such fraud is an actual problem. Please join the Democratic National Committee in continuing to support an open and accessible election process. We will continue to monitor developments in this case and others.