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According to court documents filed on Tuesday in Indianapolis federal court, a group of nonpartisan voting rights organizations filed the lawsuit against Diego Morales, Indiana’s Secretary of State, as well as J. Bradley King and Angela Nussmeyer, the co-directors of the Indiana Election Commission.
The groups, including the League of Women Voters of Indiana, Common Cause Indiana, the Hoosier Asian American Power organization and Exodus Refugee Immigration, claim that the new laws target specific naturalized citizens, and not those born as citizens.
What are the laws being challenged in the lawsuit?
The specific laws that the civil suit centers around went into effect in the state of Indiana on July 1.
According to the lawsuit, the Current-Voter Citizen Crosscheck requirement law directs the Indiana Election Division, as well as other officials under the National Voter Registration Act, to compare the state’s voter registration file with the database from the Indiana Bureau of Motor Vehicles to “identify registrants who were issued a temporary credential.”
Temporary credentials include driver’s licenses or identification cards, the lawsuit states. The law currently applies to individuals who register to vote on or after July 1 with a temporary credential number on their voter registration application.
“The Current-Voter Citizenship Crosscheck Requirement specifies that, in order to remain registered to vote, all registered voters identified for having a temporary credential must provide (documentary proof of citizenship) upon receiving a notice from their county registration office or else they will be removed from the voter rolls,” the lawsuit states.
Under the New-Registrant Citizenship Crosscheck Requirement law, the suit states that voter registrants are required to provide documentary proof of citizenship when they receive a notice from county officials. If they do not, they could have their voter registration application rejected.
What is the lawsuit claiming?
The plaintiffs believe these two laws “rely on stale, error-ridden data and demand that only certain U.S. citizens produce documentary proof of citizenship to register or to remain registered to vote.”
In the plaintiffs’ view, the documentary proof of citizenship requirements run counter to the purpose of the National Voter Registration Act of 1993 and the Civil Rights Act of 1964.
“These DPOC requirements are unnecessary. Only U.S. citizens may vote in state and federal elections, and the overwhelming evidence shows that Indiana does not face a problem with voting or attempts to vote by noncitizens.”
Officials went on to say in the lawsuit that the BMV data surrounding temporary credentials are “not an accurate or reliable way to identify” Hoosiers who are not citizens. Previously obtained driver’s licenses and identification cards can continue to be valid until they expire, even if the citizenship status changes.
“Federal and state law do not require Hoosiers who obtain a temporary driver’s license or identification card as noncitizens, and who subsequently become U.S. citizens, to update their credentials based on their change in citizenship status or notify the BMV when they gain citizenship,” the lawsuit states.
What are officials asking for in the lawsuit?
Ultimately, the plaintiffs are asking the Indiana Secretary of State and the Indiana Election Division for information and records to determine the number, as well as the identity of, Indiana residents “whose right to vote is at risk due to these discriminatory and unlawful requirements.”
The lawsuit claims that these records are something that the defendants have reportedly “refused to produce.”
The plaintiffs are also seeking a declaratory judgment, preventing these election laws from being enforced.
How are officials responding to the lawsuit?
In a news release highlighting the filing of the lawsuit, officials said the laws “put Indiana voters at risk.”
“Every Hoosier deserves an election system that treats all eligible voters fairly,” Linda Hanson, the president of the League of Women Voters of Indiana, said in the release. “The League of Women Voters of Indiana is committed to blocking unnecessary barriers that attempt to disenfranchise certain voters in our communities.”
Others said that legislators were warned that this was “bad legislation” before it was passed. Officials see this lawsuit as a way to take action to “protect Hoosier voters from this intimidation.”
“A majority of Asian American eligible voters are naturalized citizens, and for our community members, democracy is precious, because many of us come from countries where the right to vote is not a given,” said Melissa Borja, the co-chair of Hoosier Asian American Power. “These laws unfairly create barriers that prevent our community members from exercising their cherished right to vote and having their voices heard.”
FOX59/CBS4 reached out to the Indiana Secretary of State’s Office regarding this lawsuit. This story will be updated if they return the request for comment.
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