The Supreme Court heard arguments over whether requiring voters to show a government-issued photo ID, such as a driver’s license, is a justifiable way to prevent people from voting in someone else’s name.
Opponents say it’s an unconstitutional burden, particularly unfair to the poor and the elderly, and is aimed at fixing a type of election fraud that rarely occurs.
The state says the law imposes minimal, if any, interference and increases public confidence in the integrity of the elections.
WHO ARGUED
THE CHALLENGE
Paul Smith, a partner in the Washington, D.C., law firm Jenner & Block, was hired by the Democratic Party after the Supreme Court agreed to hear the case. Smith has argued before the Supreme Court 13 times. Smith was a law clerk to Supreme Court Justice Lewis Powell Jr.
THE DEFENSE
Indiana Solicitor General Thomas M. Fisher has now argued twice before the Supreme Court. Fisher received his law degree from Indiana University School of Law and was a law clerk to 7th Circuit Court of Appeals Judge Michael Kanne.
INDIANA’S REQUIREMENTS
A photo ID is required for all voters.
TYPE OF ID ACCEPTABLE
A photo ID must meet these four criteria to be acceptable:
• Display the voter’s photo.
• Display the voter’s name, and the name must conform with the voter registration record.
• Display an expiration date and either be current or have expired after the date of the last general election.
• Be issued by the state of Indiana or the U.S. government.
WHAT IDS WORK
In most cases, an Indiana driver’s license, Indiana photo ID card, U.S. passport or military ID is sufficient.
EXEMPTIONS
Exemptions exist for the indigent, those with a religious objection to being photographed and those living in state-licensed facilities that serve as their precinct’s polling place.
PROVISIONAL BALLOTS
If a person is unable or unwilling to present a photo ID, he or she may cast a provisional ballot. Upon casting a provisional ballot, the person has until noon 10 days after the election to follow up with the county election board and either provide a photo ID or affirm that one of the law’s exemptions applies.
Source: Indiana Secretary of State Web site, www.in.gov/sos/photoid
2 HOOSIERS WHO WERE AFFECTED BY VOTER-ID LAW
These women were identified in court documents as being adversely affected by Indiana’s voter ID law:
Mary-Jo Criswell, 71, Eastside of Indianapolis
When she went to get an absentee ballot last year, Criswell was told she needed a photo ID. She doesn’t have a driver’s license, and an ID she had used in the past was no longer acceptable.
“All I had was a bank card with my picture on it, but it was an old card, from way back in the ’70s.” She didn’t get to vote but intends to this year. “I have my birth certificate, and I plan to get my voter ID card.”
Theresa Clemente, 80, Fort Wayne
Two years ago, this Boston native who moved to Fort Wayne 16 years ago spent a month cutting through red tape to get her photo ID card. She made three trips to the local license branch. “I had voted for 13 or 14 years before running into this problem. I don’t drive a car, and I did not have a picture ID except for an old Boston transit card.”
Her previous voter’s registration document did not help. Nor did utility bills and a copy of her birth certificate because it wasn’t certified. She sent $28 to Boston to get a certified copy of her birth certificate, finally got the ID and was able to vote.
“I finally got it, because I am so determined.”
– Dan McFeely