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The Leadership Conference on Civil and Human Rights

The Nation's Premier Civil and Human Rights Coalition

The Leadership Conference on Civil and Human Rights  & The Leadership Conference Education Fund
The Nation's Premier Civil and Human Rights Coalition

Indiana Court of Appeals Declares Voter ID Law Unconstitutional

September 22, 2009 - Posted by The Leadership Conference

The law, which is the most restrictive voter ID law in the United States, requires Indiana voters to present a government-issued photo ID, such as a state driver's ID or a U.S. passport, to cast a ballot. Provisional ballots are available to voters who don't bring a photo ID to the poll, but a provisional ballot will be counted only after the voter provides proof of identity at the local county election office within 10 days of the election.

In addition, driver's licenses and state-issued IDs must be renewed periodically, and people must re-register to vote whenever they move or change their name or the ID is not valid for voting.

A recent study conducted by the Washington Institute for Ethnicity and Race found that the highest percentages of eligible Indiana voters without a valid photo ID were minorities, seniors, young people, less-educated people, and low-income people.   Proponents of voter ID laws say that the laws are necessary to prevent voter fraud.  However, the study found no instances of voter fraud in Indiana.

Last year, the U.S. Supreme Court found that the law does not violate the U.S. Constitution.  The appeals court looked at a different question – whether the law violated the Indiana state constitution.  Even though the law does not violate federal law, it does violate state law.  The state will likely seek a stay of the appellate court decision, delaying action until it comes under review by the Indiana State Supreme Court.

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