Voter ID Court Challenges Expected to Have Big Impact on 2008 Elections

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Voter ID Court Challenges Expected to Have Big Impact on 2008 Elections
By Keith Perine, CQ Staff



A pair of closely watched voting rights cases headed to the Supreme Court next week could have a greater effect on the 2008 elections than anything happening in Iowa or New Hampshire.

The high court will hear oral arguments Jan. 9 in two cases challenging the validity of an Indiana law that requires voters to produce photo identification in order to cast ballots.

Court watchers say the high court’s opinion will center on the question of what standard should be used in balancing individual voter rights against Indiana’s interest in conducting fair elections.

Opponents of the law argue it is an unconstitutional burden on voters. They say the Supreme Court should give the law “strict scrutiny” and reject it because Indiana cannot cite a single instance of voter fraud that the statute would have prevented.

Supporters say that the court should see the law as a reasonable requirement that does not unduly deprive anyone of the right to vote.

A federal district court and the U.S. Court of Appeals for the 7th Circuit both decided the Indiana cases in the state’s favor. Voter identification laws in other states also have been challenged in court.

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