Wednesday, November 28, 2007

Important "voter ID" law is in the U.S. Court of Appeals

The Brennan Center for Justice provides legal assistance and support for court cases involving elections. They have filed an amicus brief in reference to a very important case pending in Indiana, that requires voters to present a voter ID at the polling place to be eligible to vote. The brief addresses voter fraud implications in the case, in opposition to voter ID's. Here is Brennan Center's story on where they stand:

The Brennan Center filed an amicus brief with the U.S. Court of Appeals for the Seventh Circuit challenging the constitutionality of an Indiana law requiring citizens to present photo ID as a condition of voting. In its amicus brief, the Brennan Center argued that impersonation fraud is an extremely unlikely and unsubstantiated occurrence that can be prevented without requiring a photo ID, and that the Indiana law fails to address more common forms of voter fraud. The Center's brief marshalled the best evidence on individual voter fraud and catalogued the practices in other states for preventing voter fraud without resorting to photo ID. On January 4, 2007, the United States Court of Appeals for the Seventh Circuit, in an opinion authored by Judge Posner, upheld the lower court decision and found that the state law did not unduly burden the right to vote. Plaintiffs were denied a rehearing en banc on April 5, 2007.

On July 2, 2007, Plaintiffs filed a Petition for a Writ of Certiorari, which was granted on September 25, 2007. The Brennan Center and others filed an amicus brief in support of Petitioners on November 13, 2007. Oral argument is scheduled for January 9, 2008.

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