Project Vote v. Rokita (Indiana)

The day before the 2008 general election Project Vote filed an emergency lawsuit against Indiana Secretary of State Todd Rokita and the Marion County Board of Elections on behalf of Drametra Brown, an Indianapolis nursing assistant. Staff at the nursing home where Ms. Brown works used a stack of 2004 application forms to register voters, including Ms. Brown, but these forms were slightly different from the 2008 form that was currently in use. Specifically, Marion County had said they could not accept it because it lacked two small check boxes stating that she was over the age of 18 and a United States Citizen.

The form that Brown completed requires each registrant to swear under penalty of perjury that “I am a citizen of the United States” and “I will be at least 18 years of age at the next general election.” It does not, however, have the two small yes/no checkboxes that the 2008 forms have.

In a hearing November 3rd the judge determined that all of the information contained on Brown’s voter registration form was sufficient to process the voter registrations and allow Brown and her fellow Indiana citizens the opportunity to vote. The Marion County board agreed to allow Ms. Brown and the 200 other eligible registrants in the county who correctly submitted registrations on an older form to vote in the election. Due to the late date the voters would have to cast provisional ballots, but by court order the ballots would be counted.