Updated: Thursday, 17 Sep 2009, 2:56 PM EDT
Published : Thursday, 17 Sep 2009, 10:50 AM EDT
INDIANAPOLIS (WISH) - The Indiana Court of Appeals ruled Thursday morning that the Indiana Voter I.D. law violates the Indiana Constitution. The controversial requirement to show identification at the polls on Election Day previously withstood a federal challenge that went all the way to the U.S. Supreme Court.
A three judge panel overturned a lower court's decision saying, "...we conclude that the Voter I.D. law violates Indiana Constitution Article 1, Section 23, and must be declared void because it regulates voters in a manner that is not uniform and impartial."
In 2005, the Indiana General Assembly passed a law requiring voters to present a government issued identification card before voting. The League of Women Voters sued the State of Indiana stating in their complaint that the law imposed a "new substantive qualification on the right to vote, not authorized by the Indiana Constitution."
The ruling authored by Judge Patricia Riley said that the Voter I.D. Law violates the state constitution because it fails to require mail-in absentee voters to meet the ID requirement.
Indiana Governor Mitch Daniels called the ruling "transparently partisan", and promised an appeal. He said, "It's a preposterous decision, an extreme decision and cam in this case from a judge who's been reversed before and I expect it to happen again."
The governor went on to call the ruling an act of judicial
Indiana Secretary of State Todd Rokita also expressed his discontent over the decision Thursday.
"Some continue to force us to use taxpayer dollars on an issue that has already been reviewed by the US Supreme Court. The gamesmanship going on here is irresponsible and needs to stop. We are still reviewing the opinion, however I have already requested that the Indiana Solicitor General seek immediate transfer of the case to the Indiana Supreme Court for review."
24 Hour News 8 is following this developing story. We'll have more reaction to this landmark decision throughout the afternoon. Check back with WISHTV.com for updates on this story. And be sure to watch 24 Hour News 8 at 5 & 6.
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