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Crawford v. Marion County Election Board

Law Dictionary

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Constitutional Law Keyed to Chemerinsky

Citation. 128 S. Ct. 1610 (2008)

Brief Fact Summary. Statute in Indiana requires a photo ID in order to vote.  Petitioners claim that it discriminates against the old the poor, who are typically democrats.


Synopsis of Rule of Law. Any photo ID is a minimal burden that does not violate the fundamental right to vote.


Facts. An Indiana statute, “Voter ID law”ť required that any person 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 ID issued by the government. This did not apply to absentee ballots and the statute contained an exception for persons living and voting in a state licensed facility like a nursing home. If a person is indigent or has a religious objection to being photographed, they may cast a provisional ballot and execute an affidavit before the circuit court clerk within 10 days of the election. No photo ID is required for registration, and the state offers free photo ID to qualified voters able to establish residence.


Issue. Is requiring a photo identification when voting in person an unconstitutional burden on the fundamental right to vote?


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