New Rochelle, NY--The Supreme Court is poised to decide perhaps the most important election law case since Bush v. Gore, according to Edward B. Foley, writing in the upcoming issue of Election Law Journal. Uncorrected page proofs of the case preview written by Foley, Professor of Law at the Ohio State University Moritz College of Law and Director of “Election Law @ Moritz” program, are available on the Election Law Journal website, www.liebertpub.com/
The case is a challenge to Indiana’s law requiring voters to present photographic identification before being able to cast a vote at the polls. In a pair of consolidated cases to be heard on January 9 (Crawford v. Marion County Elections Board and Indiana Democratic Party v. Rokita) the Court will decide whether the Indiana photo ID requirement is constitutional. According to Foley, the case presents difficult and politically sensitive issues that could well divide the Roberts Court.
Underlying the issues before the Supreme Court is a conflict between some who believe voter fraud at polling places is widespread and others who believe photo ID requirements discourage many eligible people from voting.
“Some would say that on the evidence, both of these problems are pretty rare,” says Daniel H. Lowenstein, Co-Editor of Election Law Journal and Professor of Law at UCLA School of Law. “But for many activists, scholars, and journalists with an intense interest in this issue, Professor Foley’s case preview carefully lays out the arguments on both sides of the case and explains various ways the Supreme Court might decide the constitutionality of the photo ID requirement.”
Foley’
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