Indiana: LDF Secures Voting Rights That Protect Foreclosure Victims

Published on Oct 24, 2008 - 8:56:23 AM

By: NAACP Legal Defense and Educational Fund

NEW YORK, Oct. 24 2008 - Today, the NAACP Legal Defense Fund ("LDF") settled the lawsuit it filed just two days ago in Indiana state court to ensure that eligible voters with property subject to foreclosure proceedings or evictions cannot have their right to vote challenged during the upcoming November 4th election. In settling the case, the Plaintiffs and Defendants, Marion County Election Board, and non-parties Marion County Democratic and Republican parties, agreed that such challenges are not permitted under Indiana law.

"Foreclosure has no bearing on one's eligibility to vote. Today's settlement ensures that the current foreclosure crisis gripping the nation will not be exploited to strip the right to vote away from those who are among the financially vulnerable among us. Challenges based on foreclosure are the kind of voter suppression tactic that threaten our efforts to move towards an open and equal Democracy," said John Payton, LDF President and Director Counsel.

The case, Herring v. Marion County Election Board, was filed on behalf of an African-American family that fell behind on their home payments and faced the threat of foreclosure over the last two years, and the Greater Indianapolis Branch of the NAACP which has provided advocacy on behalf of countless families facing foreclosure in the region. The Plaintiffs were uncertain of their legal right to cast a regular ballot after conflicting statements were attributed to the Marion County Republican Party Chairman, who maintained that foreclosure was a "solid basis" for challenging voter eligibility on Election Day, and the Circuit Clerk, a Democrat, who disagreed.

"The sole question before the court in the case is whether voters involved in a foreclosure can be singled out for Election Day challenges," said Jenigh J. Garrett, LDF Assistant Counsel who represented Plaintiffs. "The parties to the settlement unconditionally agree that both Indiana law and fairness dictate that the answer is a resounding no. This agreement helps ensure that our clients and all voters in Marion County will be able to vote in the November 4th election without the threat of baseless challenges and intimidation."

Under the terms of the settlement agreement, the Marion County Election Board will make clear to any party authorized to issue challenger credentials that foreclosure or eviction is not a permissible basis for challenging voters on Election Day, among other things. The Marion County Democratic and Republican Parties will comply with the agreement.

LDF filed the case with the assistance of local attorneys Nathaniel Lee and Cherry Malichi, of the Indianapolis law firm of Lee, Cossell, Kuehn & Love, LLP, and the Baltimore-based NAACP.

ABOUT LDF

The NAACP Legal Defense and Educational Fund (LDF) is America's legal counsel on issues of race. Through advocacy and litigation, LDF focuses on issues of education, voter protection, economic justice and criminal justice. We encourage students to embark on careers in the public interest through scholarships and internship programs. LDF pursues racial justice to move our nation toward a society that fulfills the promise of equality for all.

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