WILLIAM CRAWFORD, et al., Petitioners v. MARION COUNTY ELECTION BOARD et al. (553 U.S. 181)

U.S. Supreme Court · decided April 28, 2008 · Supreme Court Database (Spaeth)

Citation
553 U.S. 181 · 128 S. Ct. 1610
Decided
April 28, 2008
Term
October Term 2007
Vote
6–3
Majority author
Justice Stevens
Issue area
Civil Rights
Disposition
Affirmed
Outcome
Petitioning party lost
Ideological direction
Conservative

Opinion excerpt

Justice Stevens announced the judgment of the Court and delivered an opinion, in which The Chief Justice and Justice Kennedy join. At issue in these cases is the constitutionality of an Indiana 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. Referred to as either the “Voter ID Law” or “SEA 483,” the statute applies to in-person voting at both primary and general elections. 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. Ind. Code Ann. § 3-11-8-25.1(e) (West Supp. 2007). 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. §§3-11.7-5-1 (West Supp. 2007), 3-11.7-5-2.5(c) (West 2006)., 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 court clerk’s office within 10 days. §3-11.7-5-2.5(b). No photo identification is required in order to…

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