Indiana Supreme Court Defines “Infamous Crime,” Holds Convicts Can Be Disenfranchised During Incarceration

by David Reutter

In answering a certified question from a federal district court, the Indiana Supreme Court departed from established precedent and redefined what constitutes an “infamous crime” that a person for which a person can be disenfranchised under Article II, § 8 of the Indiana Constitution. The Court further held the General Assembly has separate constitutional authority to cancel a person’s voter registration for the duration of incarceration following conviction.

David R. Snyder’s voter registration was cancelled after he was convicted and sentenced to jail for Class A misdemeanor battery. Following his release, he made attempt to re-register and was denied. He filed a lawsuit in federal court against State and County election officials claiming violations of The National Registration Act of 1993; The Help America Vote Act of 2002; The Civil Rights Act of 1964; and the First and Fourteenth Amendments to the U.S. Constitution. The district court certified a question asking whether a Class A misdemeanor battery is an infamous battery.

The Indiana Supreme Court, in deciding the matter, overruled precedent that held an infamous crime depends on the nature of the punishment. It held the matter should hinge upon the nature of the offense. “We hold than an infamous crime is one involving an affront to democratic governance or the public administration of justice such that there is a reasonable probability that a person convicted of such a crime poses a threat to the integrity of elections,” wrote the Court. “An infamous crime may include some felonies and some misdemeanors, but crimes marked by gross moral turpitude alone are not sufficient to render a crime infamous for purposes of The Infamous Crimes Clause.”

The Court said prototypical examples of infamous crimes are treason, perjury, malicious prosecution, and election fraud. “Although most of these examples involve elements of deceit and dishonesty, . . . the critical element is that they attempt to abuse or undermine our constitutional government,” continued the Court.“ In effect, the Infamous Crimes Clause authorizes the General Assembly to disenfranchise permanently those who compromise the integrity of our elections.”

While the Court held Snyder could not be disenfranchised permanently because misdemeanor battery is not an infamous crime, it held he could be disenfranchised while incarcerated. It held the General Assembly may exercise its police power to deprive all convicted prisoners of the right to vote for the duration of their incarceration. This differs from a pretrial detainee, who has yet to have his or day in court. See Snyder v. King, 941 N.E.2d 1043 (Ind. 2011).

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