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Thursday, October 18, 2012

Ind. Gov't. - "Indiana BMV sets hearing for man denied voter ID"

Updating this ILB entry from Oct. 12th, that was headed "More on: Federal court ruling holds the right to be issued a photo ID needed to vote, marry and adopt children is a property right protected by the 14th amendment," Jill Disis of the Indianapolis Star is reporting this morning:

An Indiana man caught in a legal battle with the state for a photo ID card will get his chance in a hearing scheduled for Oct. 26.

Joesph Worley was born in Indiana and currently resides in Muncie. His license was suspended after a drunken driving conviction and he has been trying to get a new one since 2008, but says he has been unable to do so.

The reason, according to court documents, is that Worley's Social Security card, which reads "Joesph A. Worley," and his birth certificate, which reads "Joseph Alan Ivey," do not match.

Worley brought the complaint after being unable to get a photo ID card, which is required to vote under the 2007 Indiana voter ID law. Given requirements by the Bureau of Motor Vehicles, Worley would be required to change his name first, something he says he can't do without a photo ID. * * *

Worley's hearing was ordered by U.S. District Judge Sarah Evans Barker earlier this month.

Recall this quote from Judge Barker's Oct. 9th order:
The exigency of holding such a hearing is, of course, obvious, given the upcoming November elections. Accordingly, the BMV is hereby ordered to conduct forthwith an evidentiary hearing during which Mr. Worley shall set forth the reasons he believes he should be granted a photo identification card. At the same time, the BMV will be permitted to conduct its own review of whether or not Mr. Worley's conduct is fraudulent or otherwise improper. The hearing and the decision by the BMV must occur with all due haste and, in any event, prior to the November 6th elections. All other facets of this lawsuit are stayed pending the outcome of this hearing.

Posted by Marcia Oddi on October 18, 2012 12:04 PM
Posted to Ind Fed D.Ct. Decisions | Indiana Government