To have their votes counted, they must visit a designated government office within ten days and bring a photo ID or sign a statement saying they cannot afford one.

In April 2006, U.S. District Judge Sarah Evans Barker granted summary judgment in favor of Indiana Secretary of State Todd Rokita.

[4][5] The circuit court was deeply divided, with the dissent characterizing the law as a thinly-veiled attempt to disenfranchise low-income Democratic Party voters.

Stevens wrote in the leading opinion: The relevant burdens here are those imposed on eligible voters who lack photo identification cards that comply with SEA 483.

The severity of the somewhat heavier burden that may be placed on a limited number of persons—e.g., elderly persons born out-of-state, who may have difficulty obtaining a birth certificate—is mitigated by the fact that eligible voters without photo identification may cast provisional ballots that will be counted if they execute the required affidavit at the circuit court clerk's office.

Even assuming that the burden may not be justified as to a few voters, that conclusion is by no means sufficient to establish petitioners' right to the relief they seek.Justice Antonin Scalia, joined by Justice Samuel Alito and Clarence Thomas, concurred in the judgment only.