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Tuesday, September 22, 2009

Ind. Decisions - Still more on the COA voter ID decision

Updating this ILB entry from Sept. 20th, more reaction.

From the Evansville Courier & Press, this editorial today. Some quotes:

Although this newspaper strongly supports Indiana's voter identification law, we find ourselves in agreement with the League of Women Voters that the requirements contain a procedural flaw.

That does not mean the requirement for voters to provide an official photo identification should be discarded; rather, the Indiana Legislature needs to fix it.

Even though the U.S. Supreme Court previously upheld the Indiana requirements under federal law, the Indiana Court of Appeals ruled last week on the appeal of the League of Women Voters that the law violates the state constitution in that it does not impose the same requirements on all Indiana voters.

It is difficult to argue with that position. * * *

It is interesting to note that in the modern history of Indiana voting, it is mail-in absentee ballots that seem to have been the most susceptible to attempts at fraud, while there have been relatively few problems with fraud at the polls. That is particularly true in Vanderburgh County.

Regardless, it appears to be a clear case of applying different rules to three different groups of voters.

Granted, it would be more inconvenient than under current law to require mail-in voters to provide photo identification. And it may be difficult to achieve, considering that the law was passed when Republicans controlled the legislature, and now, Democrats hold the Indiana House of Representatives.

However, the principle behind Indiana's voter identification law — considered the nation's strictest — is to prevent voter fraud. The pass given to absentee voters is a loophole we failed to recognize when the law was first approved. * * *

This strikes us as a clear constitutional conflict, allowing two groups to vote without the photo identification, while requiring another to produce the identification.

It is understandable that the state, through Indiana Attorney General Greg Zoeller, will appeal the decision. A quick decision would be helpful to avoid confusion in the 2010 election. Regardless, the Indiana Legislature should take steps at the first opportunity to correct the flaw.

From the Fort Wayne Journal Gazette, an opinion piece by editorial page editor Tracy Warner, including some observations on the ruling and the governor's reaction. A quote:
The governor’s disrespect for the judges will likely be long remembered.

In the meantime, even if one agrees with the concept of the tough voter ID law, it appears the legislature muffed the language and will have to adopt a new version.

Posted by Marcia Oddi on September 22, 2009 10:26 AM
Posted to Ind. App.Ct. Decisions