Crawford v. Marion County Election Board

128 S.Ct. 1610 (2008)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Indiana passed a statute requiring citizens voting in person on election day, or casting a ballot in person at the office of the circuit court clerk prior to election day, to present photo identification issued by the government. The requirement does not apply to absentee ballots submitted by mail, and the statute contains an exception for persons living and voting in a state-licensed facility such as a nursing home. A voter who is indigent or has a religious objection to being photographed may cast a provisional ballot that will be counted only if she executes an appropriate affidavit before the circuit court clerk within 10 days following the election. A voter who has photo identification but is unable to present that identification on election day may file a provisional ballot that will be counted if she brings her photo identification to the circuit county clerk’s office within 10 days. No photo identification is required in order to register to vote, and the State offers free photo identification to qualified voters able to establish their residence and identity. The Indiana Democratic Party and the Marion County Democratic Central Committee (Ps) sued to enjoin its enforcement. The District Judge found that Ps had “not introduced evidence of a single, individual Indiana resident who will be unable to vote as a result of SEA 483 or who will have his or her right to vote unduly burdened by its requirements.” She estimated that as of 2005 when the statute was enacted, around 43,000 Indiana residents lacked a state-issued driver’s license or identification card. D was given summary judgment. The Court of Appeals affirmed. The Supreme Court granted certiorari.