Indiana voters will have one less hurdle to jump the next time they hit
the polls for state and federal elections, thanks to a recent ruling by
the state court of appeals.
The decision, released Thursday, found the law requiring the
presentation of photo identification when voting in person to be in
violation of our state constitution. The law was deemed to be in
violation of Article 1, Section 23 of the Indiana Constitution, also
known as the equal privileges and immunities clause.
Much of the argument for the case rested upon specific circumstances in
which the law would prevent otherwise entitled individuals from casting
ballots in person, while still allowing absentee voters to do so under
the same conditions.
Essentially, under the law, all voters were not treated equally.
Because mail-in voting and voting in some nursing homes did not require
identification under the law, it was ruled that Indiana’s equal
protection guarantee was violated.
A similar case was heard last year by the U.S. Supreme Court, which
upheld the decision of the Seventh Circuit Court that the law was not
unconstitutional. The matter of equal protection was interpreted under
the United States Constitution, however, and not the Indiana
Constitution. The state appellate court disagreed with Gov. Mitch
Daniels, who called the ruling “preposterous” by arguing that the
Indiana Constitution indeed provides more expansive defense of voting
rights than the U.S. Constitution does.
While voter ID laws are intended to prevent voting fraud, critics point
out that they may also be used as a handicap to keep lower-income
citizens from easily voting.
Daniels predicted that the decision will be reversed in the future.
Here’s hoping that he’s mistaken and that one more roadblock between people and their vote has been removed.
Less hurdles for voting
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