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Tuesday, October 20, 2009
Ind. Decisions - Petitions to transfer filed in the Indiana voter ID case
Briefs have now been filed re the Court of Appeals decision in League of Women Voters v. Todd Rokita, the voter ID case decided on state constitutional grounds. Here is a list of earlier ILB entries in the case.
- Here is the 25-page Petition to Transfer filed by the Indiana Attorney General representing Appellees last Friday, Oct. 16th.
Statement of the Issues: 1. Whether an action seeking a declaratory judgment that a statute is invalid is justiciable against a state official who does not enforce the statute.2. Whether, under Article 1, Section 23 of the Indiana Constitution, the General Assembly may require in-person voters to show photo identification to poll workers they meet face-to-face, but not require absentee voters to mail photo identification to officials who will not see the voter’s face.
3. Whether Article 1, Section 23 permits the General Assembly to exempt residents of state-licensed care facilities who vote where they live from having to show government-issued photo identification at the polls.
- Here is the 24-page Petition to Transfer filed by Appellants Monday, Oct. 19th.
Question Presented: Does Indiana’s Voter I.D. Law violate Article 2, Section 2 of the Indiana Constitution because it imposes an additional qualification for voting by requiring that an otherwise registered and qualified voter, who wishes to vote in-person and have her vote count, produce at the polls, or if not within ten (10) days after the election at the office of the county clerk, a specified form of photographic identification that not voters all possess?
Posted by Marcia Oddi on October 20, 2009 09:13 AM
Posted to Ind. App.Ct. Decisions