Alane & Chartier, PLC

In a 5-2 decision, the Michigan Supreme Court held that requiring photo identification in order to vote is constitutional. The majority held in In re Request for Advisory Opinion Regarding Constitutionality of 2005 PA 71 that the photo identification requirement contained in MCL 168.523 was constitutional because it is a reasonable way to preserve the purity of elections. Two justices vehemently dissented because they believe the legislation is unconstitutional. The photo identification significantly impairs the fundamental right to vote for thousands of Michigan citizens by unduly burdening their right to vote. Voters should be aware that while there is a photo identification requirement, there is also an affidavit exception. This allows a voter to sign an affidavit stating that he or she does not have photo identification. A registered Michigan voter who signs this affidavit may still be challenged, but there is an exception to the photo identification requirement. A voter should not be denied the right to vote merely because he or she does not have photo identification.

This website will be updated with other information pertinent to how this statute will be practically applied when it becomes available.

To read the full opinion, click here. Watch this website for updated information pertinent to how this statute will be practically applied.