Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Indiana Civil Liberties Union Foundation. Inc. v. Indiana Secretary of State

United States District Court, S.D. Indiana, Indianapolis Division

January 19, 2017

INDIANA CIVIL LIBERTIES UNION FOUNDATION. INC. doing business as AMERICAN LIBERTIES UNION OF INDIANA, Plaintiff,
v.
INDIANA SECRETARY OF STATE, MEMBERS OF THE INDIANA ELECTION COMMISSION, SUPERINTENDENT OF THE INDIANA STATE POLICE, Defendants.

          ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT

          SARAH EVANS BARKER, JUDGE

         This cause is before the court on Plaintiff Indiana Civil Liberties Union Foundation, Inc., d/b/a American Civil Liberties Union of Indiana's ("ACLU") Motion for Summary Judgment [Docket No. 35] and Defendants Indiana Secretary of State, The Members of the Indiana Election Commission, and the Superintendent of the Indiana State Police's (collectively "the State") Cross Motion for Summary Judgment [Docket No. 38]. For the reasons detailed herein, Plaintiff's motion is GRANTED and Defendants' cross motion is DENIED.

         Factual and Procedural Background

         On July 1, 2015, Indiana Code § 3-11-8-17.5 went into effect, providing:

         (a) Voters may use cellular telephones or other electronic devices in the polls as long as electioneering or loud or disruptive conversations do not occur.

         (b) A voter may not do the following:

(1) Take a digital image or photograph of the voter's ballot while the voter is in a polling place, an office of the circuit court clerk (under IC 3-11-10-26), a satellite office established under IC 3-11-10-26.3, or a vote center established under IC 3-11-18.1-4, except to document and report to a precinct officer, the county election board, or the election division a problem with the functioning of the voting system.
(2) Distribute or share the image described in subdivision (1) using social media or by any other means.

Ind. Code §3-11-8-17.5.

         On August 27, 2015, the ACLU invoked associational standing in filing suit on behalf of its members who have taken photographs of their election ballots in the past or intend to do so in future elections, alleging that Ind. Code § 3-11-8-17.5 violates the First Amendment of the United States Constitution. Dkt. 1, 17, 25. On September 4, 2015, the ACLU moved for a preliminary injunction seeking to enjoin application and enforcement of the law. Dkt. 8.

         On October 19, 2015, we granted the ACLU's motion for preliminary injunction, concluding that Ind. Code § 3-11-8-17.5 embodies a content-based restriction on speech that cannot survive strict scrutiny because it neither serves compelling state interests nor is it narrowly tailored to achieve those interests. Dkt. 32.

         On April 11, 2016, the ACLU filed a motion for summary judgment requesting that our preliminary injunction become permanent. Dkt. 35. On May 12, 2016, the State responded with a cross motion for summary judgment essentially defending the state statute and opposing the injunction. See Dkt. 38. The parties' cross motions became fully briefed on June 21, 2016, and are now ripe for decision.

         Legal Standard

         Federal Rule of Civil Procedure 56 provides that summary judgment should be granted when the evidence establishes that "there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed.R.Civ.P. 56(a); Celotex Corp. v. Catrett, 477 U.S. 317, 322-323 (1986). The purpose of summary judgment is to "pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial." Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). Disputes concerning material facts are genuine where the evidence is such that a reasonable jury could return a verdict for the nonmoving party. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 (1986). In deciding whether genuine issues of material fact exist, the court construes all facts in a light most favorable to the nonmoving party and draws all reasonable inferences in favor of the nonmoving party. See Id. at 255. However, neither the "mere existence of some alleged factual dispute between the parties, " id., 477 U.S. at 247, nor the existence of "some metaphysical doubt as to the material facts, " Matsushita, 475 U.S. at 586, will defeat a motion for summary judgment. Michas v. Health Cost Controls of III, Inc., 209 F.3d 687, 692 (7th Cir. 2000).

         Courts often confront cross motions for summary judgment because Rules 56(a) and (b) of the Federal Rules of Civil Procedure allow both plaintiffs and defendants to move for such relief. In such situations, courts must consider each party's motion individually to determine if that party has satisfied the summary judgment standard. Kohl v. Ass'n. of Trial Lawyers of Am., 183 F.R.D. 475 (D. Md. 1998). Here, the Court has considered the parties' respective memoranda and the exhibits attached thereto and has construed all facts and drawn all reasonable inferences therefrom in the light most favorable to the respective nonmovant. Matsushita, 475 U.S. at 574. The parties before us, by filing cross motions, stipulate that there are no material facts in controversy and that their dispute is ripe for decision on summary judgment.

         Dis ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.