Summary
In a 6-3 decision in 2008, the Supreme Court upheld the constitutionality of the photo ID requirement, finding it closely related to Indiana's legitimate state interest in preventing voter fraud, modernizing elections, and safeguarding voter confidence.
Justice John Paul Stevens, in the leading opinion, stated that the burdens placed on voters are limited to a small percentage of the population and were offset by the state's interest in reducing fraud. Stevens wrote in the majority:
- "The relevant burdens here are those imposed on eligible voters who lack photo identification cards that comply with SEA 483. Because Indiana's cards are free, the inconvenience of going to the Bureau of Motor Vehicles, gathering required documents, and posing for a photograph does not qualify as a substantial burden on most voters' right to vote, or represent a significant increase over the usual burdens of voting. The severity of the somewhat heavier burden that may be placed on a limited number of persons—e.g., elderly persons born out-of-state, who may have difficulty obtaining a birth certificate—is mitigated by the fact that eligible voters without photo identification may cast provisional ballots that will be counted if they execute the required affidavit at the circuit court clerk’s office. Even assuming that the burden may not be justified as to a few voters, that conclusion is by no means sufficient to establish petitioners’ right to the relief they seek."
Justice Antonin Scalia states in his concurring opinion that the Supreme Court should defer to state and local legislators and that the Supreme Court should not get involved in local election law cases, which would do nothing but encourage more litigation:
- "It is for state legislatures to weigh the costs and benefits of possible changes to their election codes, and their judgment must prevail unless it imposes a severe and unjustified overall burden upon the right to vote, or is intended to disadvantage a particular class."
Read more about this topic: Crawford V. Marion County Election Board
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