United States Supreme Court Upholds Voter ID Law

Maria J. Armstrong
Bricker & Eckler LLP
May 2008

Read the full text of the Crawford decision

In a long-awaited ruling, a split United States Supreme Court upheld Indiana's strict photo ID requirement, which is more stringent than Ohio's law in several respects. The 6 to 3 ruling virtually assures that Ohio's more moderate law will withstand constitutional scrutiny in any challenge to the law as written.

In Crawford v. Marion County Election Board, Justice John Paul Stevens, joined by Chief Justice Roberts and Justice Kennedy, wrote that the state had a valid interest in deterring fraud and protecting "the integrity and reliability of the electoral process." Justices Thomas, Scalia and Alito joined in the majority ruling, but wrote separately. Justices Ginsburg and Souter dissented. Justice Breyer also dissented in a separate opinion.

The distinctions separating the majority and dissenting opinions mirrored the traditional partisan arguments made in support of or opposition to voter identification requirement and the partisan nature of the debate was noted by the Court itself. The majority ruled that it was not unreasonable or overly burdensome to require Indiana voters to obtain and show a free photo ID in order to vote. The dissent argued that the burden of obtaining photo ID fell more heavily on the elderly, economically disadvantaged, homeless, and those whose religious faith prevented photographs.

The majority opinion notes that there was no evidence that voters were inconvenienced by the requirements. No evidence of voter fraud in Indiana was presented to the Court, but the majority noted compelling evidence of such fraud elsewhere in the country. The majority concluded that Indiana's voter ID requirements were not overly burdensome and were reasonably related to the state's legitimate interest to deter fraud and ensure voter confidence.

Indiana law (Public Law 109-2005) requires Indiana voters to present photo ID at the polls. The photo ID must meet all four of the following criteria to be acceptable for voting purposes:

1. Display the voter's photo; and

2. Display the voter's name, and the name must conform with the voter registration record; and

3. Include an expiration date and either be current or have expired no earlier than the last general election; and

4. 4. Be issued by the State of Indiana or the U.S. government.

In most cases, an Indiana driver's license, Indiana photo ID card, US passport, or military ID is sufficient. A student ID from an Indiana state school may only be used if it meets all of the 4 criteria specified above. Indiana provides free ID cards to those who cannot afford other forms of ID and allows those without identification to cast a provisional ballot.

Ohio law contains less stringent voter ID standards. Ohio voters may prove their identity at the polls by showing either a photo ID or other form of identification. Acceptable forms of ID in Ohio are:

1. A current and valid photo identification, such as a driver's license, state ID, or government ID, which must show name and address; or

2. A military ID that shows the voter's name and current address; or

3. A copy of a current utility or cell phone bill, bank statement, government check, paycheck, or other government document that shows the voter's name and current address.

Ohio law also allows voters who do not bring an ID to the polls to cast a provisional ballot. Crawford v. Marion County Election Board lends strong support for the constitutionality of the voter ID laws in Ohio and approximately 20 other states with such laws.