Full opinion text
ENTRY GRANTING DEFENDANTS’ MOTIONS FOR SUMMARY JUDGMENT, DENYING PLAINTIFFS’ MOTIONS FOR SUMMARY JUDGMENT, AND DENYING PLAINTIFFS’MOTIONS TO STRIKE BARKER, District Judge. This matter is before the Court on Plaintiffs’ and Defendants’ cross motions for summary judgment. Plaintiffs have brought their constitutionally-based lawsuit seeking injunctive relief and declaratory judgment to challenge the recent enactment by the Indiana General Assembly requiring that registered voters present photo identification at the polls in order to vote, pursuant to Senate Enrolled Act No. 483, codified at Ind.Code §§ 3-5-2-40.5; 3-10-1-7.2; 3-10-8-25; scattered sections of Ind.Code ch. 3-11-8; several sections of Ind.Code art. 3-11.7; and Ind.Code § 9-24-16-10 (hereinafter collectively referred to as “SEA No. 483,” the “Voter ID Law,” or the “Law”). Plaintiffs contend that this law violates the First and Fourteenth Amendments of the United States Constitution as well as 42 U.S.C. § 1971, and Article 2, Sections 1 and 2 of the Indiana Constitution. There are two groups of plaintiffs who have brought this consolidated action: The first group is comprised of the Indiana Democratic Party and the Marion County Democratic Central Committee (collectively the “Democrats”); the second group (the “ICLU Plaintiffs”) is comprised of two elected public officials, State Representative William Crawford and Trustee Joseph Simpson, and several nonprofit organizations: Concerned Clergy of Indianapolis (“CCI”), Indianapolis Resource Center for Independent Living (“IRCIL”), Indiana Coalition on Housing and Homeless Issues (“ICHHI”), Indianapolis Branch of the NAACP (“NAACP”), and United Senior Action of Indiana (“USA”) (collectively the “Organization Plaintiffs”). There are also two sets of defendants in this case: the Marion County Election Board (“MCEB”) and Todd Rokita, in his official capacity as Indiana Secretary of State, J. Bradley King and Kristi Robertson, in their official capacities as Co-Directors of the Indiana Election Division. In addition, the Indiana Attorney General has intervened in the case on behalf of the State of Indiana to defend the constitutionality of SEA 483. This litigation is the result of a partisan legislative disagreement that has spilled out of the state house into the courts. Plaintiffs (with one possible exception) became engaged in this dispute while it was still being debated by the Indiana General Assembly and, in moving to this judicial forum, in many respects they have failed to adapt their arguments to the legal arena. Plaintiffs, for example, have not introduced evidence of a single, individual Indiana resident who will be unable to vote as a result of SEA 483 or who will have-his or her right to vote unduly burdened by its requirements. Plaintiffs also have repeatedly advanced novel, sweeping political arguments which, if adopted, would require the invalidation, not only of SEA 483, but of other significant portions of Indiana’s election code which have previously passed constitutional muster and/or to which Plaintiffs do not actually object; indeed, they offer them as preferable alternatives to the new Voter ID Law. In so doing, Plaintiffs’ case is based on the implied assumption that the Court should give these Constitutional and statutory provisions an expansive review based on little more than their own personal and political preferences. Plaintiffs have mounted a facial challenge to the validity of SEA 483, raising a variety of related issues about the Voter ID Law, including that it substantially burdens the fundamental right to vote, imper-missibly discriminates between and among different classes of voters, disproportionately affects disadvantaged voters, is unconstitutionally vague, imposes a new and material requirement for voting, and was not justified by existing circumstances or evidence. Defendants deny all of these criticisms, defending the enactment of SEA 483 as being justified by legitimate legislative concern for in-person voting fraud and a reasonable exercise of the State’s constitutional power to regulate the time, place, and manner of elections. Defendants also claim that Plaintiffs lack standing to bring this attack on the statute, and that, in any event, the Secretary of State and the Co-Directors of the Indiana Election Division are not proper defendants in this action. For the reasons elaborated below, we hold that SEA 483 is a constitutionally-valid, reasonable time, place, and manner restriction on voting and on voters and, therefore, we GRANT Defendants’ Motions for Summary Judgment and DENY Plaintiffs’ Motions for Summary Judgment. Factual Background The parties agree that there are no material facts in dispute that preclude summary judgment of this case. Even so, they have filed a total of eight summary judgment briefs, incorporating in excess of ninety pages of material facts not in dispute. In an effort to bring clarity to this deluge of data, we have grouped the facts into the following seven categories: (I) Indiana election law and procedures, (II) Requirements for obtaining photo identification documents from the BMV, (III) Evidence regarding voter fraud, (IV) Evidence about potential impacts of SEA 483 on Indiana voters, (V) the Defendants, (VI) the Plaintiffs, and (VII) the Report submitted by the Democrats’ expert, Kimball W. Brace (the “Brace Report”). There being no need to recount the voluminous facts marshaled by the parties, we have distilled and summarized the relevant facts by topic in the following section. I. Indiana Election Law and Procedures. There are certain aspects of Indiana election law and procedure which are relevant to this case, including: (A) Indiana constitutional provisions; (B) composition and responsibility of the precinct election board; (C) the responsibilities of the State Election Division; (D) the requirements of SEA 483; (E) the requirements and procedures for voting by absentee ballot; and (F) Indiana election law prior to enactment of SEA 483. Each aspect is addressed below. A.Constitutional Provisions. Article I, section four of the United States Constitution empowers the States to determine the “Times, Places and Manner of holding Elections for Senators and Representatives,” subject to Congressional oversight. U.S. Const., art I, § 4, cl. 1. The Indiana Constitution, Art. 2, § 2 sets out the basic requirements for voting in Indiana: (a) A citizen of the United States, who is at least eighteen (18) years of age and who has been a resident of a precinct thirty (30) days immediately preceding an election may vote in that precinct at the election. (b) A citizen may not be disenfranchised under subsection (a), if the citizen is entitled to vote in a precinct under subsection (c) or federal law. (c) The General Assembly may provide that a citizen who ceases to be a resident of a precinct before an election may vote in a precinct where the citizen previously resided if, on the date of the election, the citizen’s name appears on the registration rolls for the precinct. Indiana Constitution, Art. 2 § 14 allows the Indiana General Assembly to provide for registration of persons otherwise entitled to vote. Pursuant to Indiana Code §§ 3-7-13-1 through 3-7-24-17, and the National Voter Registration Act, 42 U.S.C. § 1973gg, there are a host of ways individuals may register to vote at various venues and offices including registering by mail. There is no requirement that identification be shown when one is registering in-person to vote. Deposition of Marion County Clerk Doris Ann Sadler (“Sadler Dep.”) at 8-9. The registration form is signed under penalties of perjury. Id. at 9. There is also no requirement that an individual who is registering to vote by mail provide identification. See Ind.Code § 3-7-22-1, et seq. B. Precinct Election Board. At polling places on election day, there are five local election officials present: an inspector, appointed by the political party whose candidate for Secretary of State received the most votes in the last election in the county; two clerks, one from each major party, who are in charge of the poll book and who check voters in and issue the ballots; and, two judges, one from each major party, who administer the voting machine. Sadler Dep. at 10-11. Each County Election Board appoints these officials. Ind.Code §§ 3-6-6-1, 2. The inspector and the judges jointly comprise the precinct election or poll board that resolves disputes that arise during the polling process. Indiana Code § 3-6-6-1; Sadler Dep. at 11. C. Indiana Election Division. The Indiana Election Division provides advice and instruction to county election officials and publishes information and forms for use in Indiana elections. See Ind.Code § 3-6-4.2-1, et seq.; Deposition of Co-Director J. Bradley King, Attachment 2 (“King Dep.”) at 7. The Division has no direct role in enforcing election laws, nor does the Secretary of State. However, in providing advice and instruction to county election officials, the Election Division, in conjunction with the Secretary of State, has instituted several programs to educate both voters and poll workers about the requirements of SEA 483. The Election Division’s manuals and training, however, are advisory only, as the administration of any election and its oversight is the responsibility of the County Election Board. Ind.Code § 3-6-15-14; Sadler Dep. at 6. County Election Boards can take, and have taken, positions about election laws and procedures contrary to the position advanced by the State Election Division. See, e.g., Sadler Dep. at 52. D. Requirements of SEA J>83. The Voter ID Law requires citizens voting in-person at precinct polling places on election day, or casting an absentee ballot in person at a county clerk’s office prior to election day, to present election officials with some form of valid photo identification, issued by the United States or the State of Indiana. Ind.Code § 3-11-8-25.1. This photo identification card must contain the following information and meet the following conditions: (1) A photograph of the individual to whom the “proof of identification” was issued; (2) The name of the individual to whom the document was issued, which “conforms to the name in the individual’s voter registration record”; (3) An expiration date; (4) The identification must be current or have expired after the date of the most recent general election; and (5) The “proof of identification” must have been “issued by the United States or the state of Indiana.” Ind.Code § 3-5-2-40.5. Pursuant to SEA 483, Indiana voters are required to produce acceptable photo identification before signing the poll book. Ind.Code § 3-ll-8-25.1(c). SEA 483 applies to voting at both primary and general elections. Ind.Code §§ 3-10-1-7.2; 3 — 11— 8-25.1. SEA 483 does not apply, however, to receiving and to casting an absentee ballot sent by the county to the voter through the U.S. mail (hereinafter the “absentee ballot exception” or the “absentee exception”); or to “a voter who votes in person at a precinct polling place that is located at a state licensed care facility where the voter resides” (hereinafter the “nursing home exception”). Ind.Code §§ 3-10-l-7.2(e), 3 — 11—8—25.1 (f); 3-11-10-1.2. If a voter falls within either of these exceptions, the voter is not required to provide any proof of identification in order to vote in-person and to have his vote counted. King Dep. at 98-99; Robertson Dep. at 36. If a voter does not produce acceptable photo identification at the polls, a member of the precinct election board “shall challenge the voter.” Ind.Code § 3-11-8-25.1(d)(2). If so challenged, the voter may sign an affidavit attesting to the voter’s right to vote in that precinct, whereupon the voter may then sign the poll book and cast a provisional ballot. Ind.Code § 3-ll-8-25.1(e). In order to have the provisional ballot counted, the voter who is challenged for failure to provide acceptable photo identification and casts a provisional ballot must appear before the circuit court clerk or the county election board by noon on the second Monday following the election to prove the voter’s identity. Ind. Code § 3-ll-7.5-2.5(a). If at that point the voter provides acceptable photo identification and executes an affidavit that the voter is the same individual who cast the provisional ballot on election day, then the voter’s provisional ballot will be opened, processed, and counted so long as there are no other non-identification challenges. Ind.Code §§ 3-11.7-5-1; 3-11.7-5-2.5. The provisional ballot of a voter who is challenged for failing to show acceptable photo identification at the polls on election day may also be opened and processed if, by noon on the second Monday following election day, the voter appears before the county clerk of courts or the county election board and executes an affidavit that the person is the same as the person who cast the provisional ballot and either (1) the person is indigent and is “unable to obtain proof of identification without payment of a fee” (hereinafter the “indigent exception” or the “indigency exception”); or (2) has a religious objection to being photographed. Ind.Code §§ 3-11.7-5-1; 3-11.7-5-2.5(c). The indigency and religious objection affidavits are not available for voters to sign at the polls; they are available only at election board offices after Election Day. King Dep. at 73; Robertson Dep. at 37. If, notwithstanding a voter’s attempt to validate a provisional ballot using one of these methods, the election board determines that the voter’s provisional ballot is not valid, the voter may file a petition for judicial review in the local Superior or Circuit court. Ultimately, therefore, the meaning of any particular term within the Voter ID Law is subject to the interpretation of the Indiana Supreme Court. E. Voting by Absentee Ballot. “A voter who wants to vote by absentee ballot must apply to the county election board for an official absentee ballot.” Ind. Code § 3-11-4-2. The absentee ballot application must be received by the circuit court clerk no earlier than ninety (90) days before election day and no later than the date between midnight on the eighth day before election day or noon on election day, depending on how the voter registered to vote, how the application is delivered, and how the absentee ballot is requested to be delivered. Ind.Code § 3-11-4-3. F. Indiana Election Law Prior to SEA 183. Under prior Indiana law, a voter seeking to vote in-person at a polling place would be required to present himself or herself to the clerks and sign the poll book. Sad-ler Dep. at 11; King Dep. at 28. There was no requirement that a voter show any form of identification in order to vote after the prospective voter signed in with the clerk. Sadler Dep. at ll. At that point, there would generally be a photographic copy of the signature that would be compared. Sadler Dep. at 11. Any member of precinct election boards (the inspector and two judges) could challenge a voter suspected of misrepresenting his identity for voting purposes, as could political party challengers. See King Dep. at 44, 46, 89. Either political party’s clerk could also challenge a voter based on a comparison of the voter’s signature to the signature contained in the voter registration records. King Dep. at 44. A voter who misrepresented his identity for purposes of casting a fraudulent ballot is now and has for decades been subject to a felony charge and conviction. Ind.Code § 3-14-2-16; King Dep. at 32. Prior to 2004, Indiana law did not provide for the casting of a “provisional” ballot. Instead, a member of the precinct election board, or the election clerk, who wished to challenge the eligibility of a voter would be required to swear out an affidavit under the penalties of perjury. See King Dep. at 49, Ex. 2. The challenged voter could then swear out a counter-affidavit which had to contain the following information under the penalties of perjury: (1) the voter’s name, (2) date of birth, (3) present address, (4) prior address (if applicable), (5) that the voter is a citizen, (6) that the voter has resided in the precinct for at least 30 days, and (7) that the voter has not already voted in any other precinct. See King Dep. at 50-51; Ex. 2; Ind.Code § 3-11-8-23. The voter would then be permitted to vote using a regular ballot after signing the poll book. King Dep. at 49. The challenging affidavits were required to be sent to the prosecuting attorney for investigation. King Dep. at 49, 56-57; Ind.Code §§ 3-14-5-2 and 3. In 2004, following the passage and implementation of the Help America Vote Act of 2002 (“HAVA”), Public Law 107-252, provisional voting for the first time became an available option. Provisional ballots are reviewed by the county election board following election day to determine whether they should be counted. Ind. Code § 3-11.7-5-2. In the 2004 general election, 82% of the provisional ballots cast in Marion County were not counted. Statewide, only about 15% of all provisional ballots were counted. Marion County Clerk Doris Ann Sadler, by affidavit, explained that the primary reasons for provisional ballots were: first, because of “poll worker or voter error in filling out the paperwork;” second, because the person “simply was not registered to vote;” and, third, “a person was in the wrong polling place in the wrong precinct and insisted ... on voting a provisional ballot in that precinct.” Sadler Dep. at 15-17, 20, 44. In her deposition, Clerk Sadler also attested to the fact that challenges can take up to one-half $) hour to resolve, especially if lines at the polls are long. Sadler Dep. 19. When asked whether she believed the new requirements imposed on voters and precinct board workers by SEA 483 would slow down the voting process, Clerk Sadler opined that she did not think so, “unless there’s a huge challenge effort made by either of the [political] parties, which is typically where those challenges are generated.” Sadler Dep. at 48-49. Sadler agreed that the opportunities for presenting challenges has increased as a result of the photo identification requirements of SEA 488. II. Requirements for Obtaining Photo Identification Documents. As indicated above, in order to vote in person, Indiana voters who do not reside in nursing homes, must present a current photo identification, with ■ an expiration date, issued by the State or federal government. The federally issued identification includes passports as well as military identification. King Dep. at 60. State identification could for example, include university-issued identification cards, if the cards contain an expiration date. King Dep. at 61. The parties agree that the most likely source of acceptable identification is either drivers’ licenses or identification cards issued by the Indiana Bureau of Motor Vehicles (“BMV”); indeed, the text of SEA 483 focuses on identification cards issued by the BMV. See, SEA 483 §§ 15-18. We therefore begin by reviewing the requirements for obtaining such photo identification from the BMV, and then examine the tangential requirements for obtaining an Indiana birth certificate. A. Obtaining Photo Identification from the BMV. In order to obtain a driver’s license or identification card from the BMV, an applicant must personally visit a BMV branch office and produce certain forms of identification. BMV rules require that a first-time Indiana driver’s license or non-license identification-card applicant present, among other things, either: one primary document, one secondary document, and one proof of Indiana residency requirement or two primary documents and one proof of Indiana residency. Deposition of BMV Designee Carol Redman (“Redman Dep.”) at 5, Ex. 2. The requirements for obtaining each of these documents are laid out below, as well as some of the difficulties in obtaining photo identification which, have been identified by Plaintiffs. 1. Primary Document. A primary document used to verify identity, date of birth, and citizenship, may include a United States Birth Certificate with a stamp or seal, documents showing that the person was born abroad as an American citizen or is a naturalized citizen, a passport, or a U.S. military or merchant marine photo identification. Redman Dep. Ex. 2 (“BMV Identification Document List”). 2. Secondary Document. Secondary documents are currently defined as: — Bank Statement — Certified Academic Transcript — Confirmation of Registration Letter from an Educational Institution — Court Documentation with Stamp or Seal — Foreign Consulate-Issued ID Card — Government-Issuéd License or ID Card ■ — ■ Hoosier RX Plan Card [with] imprinted name •— Hoosier Works Card [with] imprinted name — Indiana County Pre-sentence Investigation Report with clerk stamp or seal — Indiana gun permit (Valid) — Indiana probation photo ID card — Indiana professional/occupational license (Valid) —■ Indiana BMV Title Application [with] BMV valid stamp — Indiana BMV Title or Registration (Valid) — Insurance Card — Letter from Probation Officer or Government Caseworker on letterhead stationary, certified with court or government stamp or seal with the applicant’s name, and signature of the probation officer or caseworker ■— Major Credit or Bank Card (MC, VISA, AE, and Discover ONLYXvalid) — Original Out^of-State Driving Record — Out-of-State Driver License, Identification Card or Permit with photograph — Pay Check Stub — Computer generated — Prison Release Documentation/Photo ID — School Report Card (dated within 12 mos.) — School Photo ID Card — Selective Service Acknowledgment Card — SSS Form 3A — U.S. Divorce Decree certified by court of law with stamp or seal ■— U.S. Application of Marriage/Record of Marriage (Certified copy). Must contain the stamped seal and be signed by clerk. — U.S. District Court Pre-Sentence Investigation Report with clerk stamp or seal — U.S. Military Discharge or DD214 Separation papers — U.S. Veterans Universal Access ID card with photo — W-2 Form (Federal or State) of 1099 Federal tax form. BMV Identification Document List 3. Proof of Indiana Residency Document. The proof of Indiana residency requires that an applicant present some proof of a residential address, although a post office box is not acceptable. Redman Dep. Ex. 2. Proof of residency documents include any primary or secondary document that contains the applicant’s name and residential address as well as documents including, but not limited to: — Child Support Check from the [Family and Social Services Administration] with name and address of the applicant attached — Change of Address Confirmation form (CNL 107) from U.S. Postal Service listing old and new address — CURRENT Bill or Benefit Statement (within 60 days of issuance) — Indiana Driver’s License, Identification Card or Permit with Photograph — Indiana Property Deed or Tax Assessment — Indiana Residency Affidavit — Voter Registration Card BMV Identification Document List. In order to obtain an identification card or license from the BMV, an applicant must personally appear at the branch. Redman Dep. at 8. An identification card costs $10 and a driver’s license costs $14. The identification is valid for four years. Redman Dep. at 13. As of January 1, 2006, a driver’s license expires after six years. See Ind.Code § 9-234-12-l(c). SEA 483 provides that an individual who does not have a valid driver’s license and will be at least eighteen (18) years of age at the next general, municipal, or special election must be issued an identification card from the BMV without cost. Ind. Code § 9-24-16-10; Affidavit of BMV Assistant Commissioner Stephen Leak at ¶¶ 8-11. 4. Potential Difficulties in Obtaining Photo Identification from the BMV. The BMV is aware that there are persons who do not currently have a driver’s license or identification card and who are, or who will be, eligible to vote at the next election. Redman Dep. at 21-22. The BMV, however, has not been able to determine the approximate number of Indiana residents of voting age who are without an Indiana driver’s license or identification card. See Redman Dep. at 22-30. The BMV is also apparently aware of persons who have tried to obtain a driver’s license or identification card and have been turned away because they do not have an original birth certificate or because they do not have the required secondary documentation or proof of Indiana residency. Red-man Dep. at 18. Plaintiffs contend that obtaining photo identification from the BMV can be a difficult and frustrating process. For example, we were told of one Theresa Clem-ente, a 78-year-old woman residing in Fort Wayne but originally from Massachusetts, who recently attempted to obtain a photo ID from the BMV so she could vote in Indiana. Clemente Aff. ¶¶ 1-8. After three separate visits to the BMV over a period of many weeks and obtaining a certified copy of her birth certificate, the BMV still refused to issue her photographic identification purportedly on the grounds that her birth certificate contains only her maiden name. Clemente Aff. ¶¶ 1-8. Plaintiffs also note that the BMV has recently closed numerous branches throughout the State, thereby increasing travel costs for some individuals in order to reach a branch. See Redmond Dep. 34. B. Requirements for obtaining an Indiana birth certificate. A citizen born in Indiana who needs to obtain a birth certificate as a primary document for obtaining a license or non-license photo-identification card may obtain a birth certificate from either the Indiana Department of Health (“IDOH”) or the Department of Health of the county of birth. See State’s Exs. 48, 49. By virtue of a statutory amendment in 2003, the IDOH must charge a fee of $10.00 for conducting a birth-certificate search. Ind. Code §§ 16-37-1-11; 16-37-1-11.5. Local health departments establish and collect fees for records which are not to exceed the cost of the services provided. Ind. Code § 16-20-1-27. Fees vary among county departments of health from $2.00 to $10.00. See State’s Ex. 49. In its “frequently-asked questions” publication, the IDOH states that applicants may present a combination of non-photo identification documents to obtain a birth certificate, including a Social Security card, a credit card, a bank card, a motor vehicle registration, a housing lease, a military identification, an Indiana professional license, an original employment application, and a voter registration card. See http://www.in. gov/isdh/bdcertifs/faq.htm# VitalFAQ6. III. Voter Fraud. The parties have submitted evidence that paints contrasting pictures concerning whether in-person voter fraud is or should be a concern in Indiana. The arguments concerning voter fraud tend to unfold as follows: (A) Plaintiffs note that there is no evidence of any instance of in-person voter fraud in Indiana; (B) Defendants counter that, even though there is no evidence of voter fraud as such, there is significant inflation in the Indiana voter registration lists; and in any event, based on reports documenting cases of in-person voter from other states, (C) Defendants maintain that voter fraud is or should be a concern in Indiana. A. No Documentation of Instances of In-Person Voter Fraud in Indiana. Defendants concede that “the State of Indiana is not aware of any incidents or person attempting vote, or voting, at a voting place with fraudulent or otherwise false identification.” ICLU Ex. 18 (“MCEB’s Response to Interrogatories”) at ¶ 2. Plaintiffs further note that no voter in Indiana history has ever been formally charged with any sort of crime related to impersonating someone else for purposes of voting. King Dep. at 95. Plaintiffs submitted testimony from several veteran poll watchers who confirmed they have never seen any instances of attempted in-person voter fraud in Indiana. See Haith Aff. at ¶ 17; Crawford Dep. at 45 and Ex. B at 10; Bohannan Dep. Ex. H at 12. Plaintiffs further contend that no evidence of in-person voting fraud was presented to the Indiana General Assembly during the legislative process leading up to the enactment of SEA 483. See Mahern Aff. ¶¶ 2-3. Plaintiffs do note, however, there is evidence of absentee voter fraud in Indiana and that pervasive fraud regarding absentee balloting led the Indiana Supreme Court recently to vacate the results of the mayoral election in East Chicago. See Pabey v. Pastrick, 816 N.E.2d 1138 (Ind. 2004). B. Inflation of Indiana’s Voter Registration Rolls. Defendants submitted evidence that Indiana’s voter registration rolls are significantly inflated. Defendants hired Clark Benson, a nationally recognized expert in the collection and analysis of voter-registration and population data, who conducted an examination of Indiana’s voter registration lists and concluded that they are among the most highly inflated in the nation. State’s Ex. 27 (“Benson Report”) at 9. Specifically, when Benson compared actual voter registration with self-reported registration rates, he found that there were 4.3 million registered voters in 2004, while there were only 3 million residents who reported being registered, resulting in estimated inflation of 41.4%. Benson noted Indiana had the largest discrepancy in the nation between official registration numbers and self-reported rate of registration. Benson Report at 6. Benson also reported, with a high rate of confidence, that he found at least 35,699 Indiana registered voters who are now deceased. Benson Report at 8. Additionally, his research indicated that in 2004 there were 233,519 potential duplicate voter registrations. Benson Report at 9. C. National Reports of In-Person Voter Fraud. The State has also produced evidence of published books and media reports discussing allegations and instances of in-person voter fraud in several other states. See Larry J. Sabato & Glenn R. Simpson, Dirty Little Secrets 292 (1996) (noting that documentation of in-person voter fraud often occurs only when a legitimate voter at the polls hears a fraudulent voter trying to use her name, as happened to a woman in California in 1994); John Fund, Stealing Elections 64 (2004) (noting in the St. Louis fourteen dead people “voted” in the 2000); State’s Ex. 2, p. 23 (describing recent U.S. Department of Justice investigations into election fraud, which, as of August 2005, had resulted in 52 convictions); State’s Ex. 3, pp. 4-5, 19 (court findings that in the State of Washington’s 2004 gubernatorial elections more than 1,600 fraudulently cast ballots, including 19 ballots cast by dead voters, six double votes, and 77 votes unaccounted for on the registration rolls); State’s Ex. 4, pp. 2-4 (joint task force findings describing instances in the 2004 elections in Wisconsin where individuals voted twice by using fake names and addresses and citizens who told investigators that they did not vote, even though the report showed that someone voted in their names); State’s Ex. 6, pp. 42-43 and State’s Ex. 7, pp. 3-6 (describing an investigation by the Missouri Secretary of State after the 2000 elections of two of counties which revealed over 1,000 fraudulent ballots, including at least 68 multiple votes, 14 dead person votes, and 79 vacant-lot voters, with another 200 sites requesting further review); State’s Ex. 10, pp. 1-2 (newspaper reports that dozens, possibly hundreds, of people who lived outside the city limits illegally cast votes at the polls in Miami’s mayoral elections in 1997); State’s Ex. 11, p. 1-2 (Johns Hopkins University study which found that in Maryland at least 63 votes were cast in the name of deceased individuals between the 1980’s and 2004). The State has produced newspaper reports recounting that in recent elections votes were cast in the names of dead people in Georgia, Illinois, and Pennsylvania. See State’s Exs. 12-14, 18. The report from the Commission on Federal Election Reform (known as the Baker-Carter Commission) recently concluded that “there is no doubt that [in-person voter fraud] occurs.” State’s Ex. 1, p. 18. D. The Impact of the Perception of Voter Fraud on the Confidence of the Electorate. The State submitted several polls indicating voter concern about election fraud and support for photo identification requirements at the polls. For example, prior to the 2000 election, a Rasmussen Reports poll showed that 59% of voters believed there was “a lot” or “some” fraud in elections. State’s Ex. 22, p. 1. Similarly, a Gallup Poll showed that, after the 2000 election, 67% of adults nationally had only “some” or “very little” confidence in the way the votes are cast in our country. State’s Ex. 23, pp. 8-9. A 2004 Zogby Poll found that 10% of voters believe that their votes are not counted accurately (John Fund, Stealing Elections 2 (2004)), and according to election-law scholar Richard Hasen, more than 13.6% of Americans worried that the 2004 presidential vote was unfair. State’s Ex. 24, p. 1. A Rasmussen Reports 2004 survey of 1000 likely voters, indicated that 82% of respondents (including 89% of Bush supporters and 75% of Kerry supporters) favored photo identification at the polls. See Fund at 5. Adding weight to these findings, the Baker-Carter Commission recently concluded that, based on its studies, the perception of fraud, “contributes to low confidence in the system.” State’s Ex. 1, p. 19. IV. Impact of SEA 483 on Voters. The parties again paint contrasting pictures regarding the impact of SEA 483 on Indiana voters. Defendants submitted evidence of the impact of SEA 483 when it was enforced in three municipal elections in 2005. Plaintiffs submitted evidence and testimony concerning the potential negative impacts of SEA 483 on various groups of disadvantaged voters in Indiana. A. Enforcement of SEA 183 in Municipal Elections. On November 8, 2005, three municipalities enforced SEA 483 at contested local elections. See State’s Ex. 47 (“Bauler Aff.”) Ex. C. Unscientific exit polling data showed that of the 105 respondents, 21 voters learned about the Voter ID Law listening to the radio, 12 from watching television, 23 from direct mailings, and almost half, (49), had read about the law in the newspaper. In all, 83% of those surveyed were aware of the Voter ID Law before arriving at the polling place. Bauer Aff. Ex. C at 2. Also, in both of the towns holding regular off-year elections, the number of votes cast increased over the prior election. Bauer Aff. Ex. C at 3 (noting Cambridge City’s number of votes cast increased 10% over 2001 and Montezuma saw an increase of 98% over 2001). B. Potential Negative Impacts of SEA 183- Plaintiffs identify several groups they claim will be particularly disadvantaged by the photo identification requirements of SEA 483, including homeless, low-income, elderly, disabled, and minority individuals. Professor Marjorie Hershey of Indiana University submitted a report which states because SEA 483 increases the costs of voting through the imposition of additional requirements and barriers, it is likely to decrease voter turnout, particularly among voters of lower socio-economic status. Hershey Report at 12-17. Prof. Hershey contends that the costs imposed by SEA 483, in terms of time, transportation, fees and obtaining all of the necessary information, threaten to be most difficult for the disabled, homeless, persons with limited income, those without cars, people of color, those who are part of “language minorities,” and the elderly. Hershey Report at 17. Plaintiffs cite a number of informal and formal surveys which tend to support Hearshey’s conclusions. Plaintiffs note a survey conducted by plaintiff Indiana Coalition on Housing and Homeless Issues (“ICHHI”) of its members, providers of services to homeless and low-income persons, in which providers of services responded that they were aware of clients who had neither licenses nor identification cards. Deposition of Michael Reinke, (“Reinke Dep.”) at 60-67, Ex. I; State’s Ex. 69 (“ICHHI Survey Responses”). In this same vein, Brenda Thompson and Robert Andrew Ford, case managers at Horizon House, a day center in Indianapolis for homeless persons, testified concerning the hardships they believe SEA 483 will impose on homeless individuals, noting, for example, that homeless persons often have lost all their possessions, including any identification. Ford Aff. at ¶¶ 1-5; Thompson Aff. at ¶¶ 1-5. Thompson also testified that, in her experience, homeless individuals frequently walk everywhere they go. Thus, according to Thompson: (E)ven if they present themselves to vote and are challenged under the new identification law and are informed that in order for their ballot to count they must go get identification and then go to the Clerk’s office, or even if they were to be told that they just had to go to the Clerk’s office, homeless persons probably will not do so because of transportation difficulties. Thompson Aff. at ¶¶ 16-17. Ford noted that, in his experience, it is “quite likely that a homeless person who is faced with a challenge to his or her ability to vote will not pursue his or her right to vote but will leave the poll rather than face a situation of confrontation.... [Ajnything which makes voting more difficult will probably deter many, if not most, homeless persons from voting.” Ford ¶¶ 17,19. Plaintiffs further note that a survey released on October 28, 2005 by AARP Indiana reports that 3% of Indiana registered voters over the age of 60 do not have a drivers license or identification card. See Affidavit of June Lyle and attached AARP Indiana survey. Similarly, the director of plaintiff United Senior Action of Indiana (“USA”) concludes, based on her experience with the organization and the conversations she has had over the last 16 years with her members, that there are many senior citizens who do not have either a valid license or identification card. Deposition of Michelle Niemier (“Niemier Dep.”) at 28-24. The executive director of plaintiff Indianapolis Resource Center for Independent Living (“IRCIL”) notes that it is very common for persons with disabilities not to have identification. Deposition of Melissa Madill (“Madill Dep.”) at 13. IRCIL further contends that persons who are blind or visually impaired often do not know that their identification cards, if they have them, have expired. Madill Dep. at 47. Plaintiffs also submitted testimony from several poll workers or poll observers who testified that in the poor and minority community in the past, when a provisional ballot did not require additional efforts on the voters’ part, prospective voters were extremely intimidated by challenges and frequently did not vote and just left the polls, even when the challenges were not meritorious. See Affidavit of Aaron E. Haith (“Haith Aff.”) at ¶¶ 2-10; Deposition of Roderick E. Bohannan (“Bohannan Dep.”) at 50-54; Deposition of Margie OaMey (“Oakley Dep.”) at 20-21; Deposition of Joseph Simpson (“Simpson Dep”) at 62-64. According to poll observer Aaron Haith, frequently the potential voters who are being challenged are on their way to work or on their way home to take care of families and they do not want to take the 15-30 minutes to go through the challenge process in order to vote. Haith Aff. at ¶¶ 7, II. V. The Plaintiffs There are two groups of plaintiffs in this consolidated case. The first group is comprised of the Indiana Democratic Party and the Marion County Democratic Central Committee (together, the “Democrats”), and the second (the “ICLU Plaintiffs”) is comprised of two elected public officials, State Representative William Crawford and Trustee Joseph Simpson, and several nonprofit organizations — Concerned Clergy of Indianapolis, Indianapolis Resource Center for Independent Living, Indiana Coalition on Housing and Homeless Issues, Indianapolis Branch of the NAACP, and United Senior Action of Indiana (collectively the “Organization Plaintiffs”). The relevant facts about each group are as follows. A. The Democrats. According to their Second Amended Complaint, these two plaintiff groups are “political party organizations dedicated to electing candidates of the Democratic Party to public office in Marion County, and throughout Indiana, and with which are associated hundreds of thousands of registered voters who regularly support and vote for candidates who are affiliated with the Democratic Party.” Democrats’ Second Am. Compl. at ¶ 2. The Democrats claim that all voters who cast ballots for a Democratic Party hopeful in a primary election “associate[] themselves with the Democratic Party.” State’s Ex. 50 (“Indiana Democratic Party’s Responses to Request for Production”) at ¶ 2. In response to whether it has any members, the Indiana Democratic Party observed that “[i]n Indiana, voters do not ‘register’ as members of a political party but express their allegiance to a political party by asking for that party’s ballot at the primary election, attending party meetings or events, contributing to the party’s candidates and casting votes for candidates in the general election, among other things.” See Id. at ¶ 3. According to the Rules of the Indiana Democratic Party, “any legally qualified Indiana voter who supports the purposes of the Party may be a member,” see State’s Ex. 52 (“Rules of the Indiana Democratic Party”) at 2, but those rules do not otherwise state how such a voter voluntarily becomes a member or voluntarily ceases to be a member. The Marion County Democratic Central Committee (MCDCC) is currently comprised of four members: Edward Treacy, Billie Breaux, Barbara Lawrence, and Tony Duncan. The MCDCC does not have bylaws or policies acknowledging the existence of any other members. State’s Ex. 53 (“MCDCC Responses to Defendant’s Interrogatories”) at ¶2. Edward Treacy, the Chairperson of the Marion County Democratic Central Committee (“MCDCC”), has provided affidavit testimony that the Photo ID Law will require the MCDCC to divert its limited resources away from its primary activities, such as “get-out-the-vote” efforts and helping to elect its candidates to public office, into efforts to inform its voters of the Law’s photo identification requirements and to ensure that it is not selectively enforced during the 2006 general election. Democrats’ Ex. 23. Regarding the identity of individuals “associated with the Democratic Party” who would allegedly be injured by the implementation of the Voter ID Law, the Democrats initially identified nine citizens: David Harrison, Constance Andrews, Barbara J. Smith, Imogene M. Chapman, Ernest L. Pruden, Helen L. Wright, Lois E. Holland, Ronald Yancey, and Bettie L. Weiss. Indiana Democratic Party’s Responses to Request for Production at ¶ 8; MCDCC Responses to Defendant’s Interrogatories at ¶ 8. In a supplemental filing, the Democrats identified three additional individuals associated with the Democratic Party who would allegedly be injured. Those individuals are: Christina Bohlan-der, Thelma Ruth Hunter, and Corinne Collins. See State’s Ex. 70 (collectively these twelve individuals are hereinafter referred to as the “Named Individuals”). The Democrats identified these allegedly injured citizens by examining responses to a post card survey of their Marion County poll workers. Indiana Democratic Party’s Responses to Request for Production at ¶ 7. Unfortunately, Bettie Weiss has now died and no information was submitted to the Court concerning either Christina Boh-lander or Corinne Collins. Following are the pertinent details concerning the remaining nine individuals: 1. The Named Individuals. Constance Andrews is an employee of the Bureau of Motor Vehicles who frequently works at the polls on election day as a Judge for the Democratic Party. Andrews Dep. at 7, 13. Although Ms. Andrews declared in response to the Democrats’ postcard survey that she did not have a driver’s license or any other government-issued photo identification, at her deposition she testified that she did indeed have a valid driver’s license. When asked why she responded as she did to the survey, she said “I may have made a mistake there.” Andrews Dep. at 17-18. Imogene Chapman is an 84-year-old woman who resides in Marion County and has worked at the polls for fifteen years. State’s Ex. 57 (“Chapman Dep.”) at 6-7, 10. She has no license or photo identification from either Indiana or the federal government. Ms. Chapman has previously voted absentee but said she did not like to. Ms. Chapman splits her ticket between the Democrats and other parties when she can. Ms. Chapman said she believes SEA 483 “is an infringement of my Civil Rights to vote.” Chapman Dep. at 6-7, 10, 13. Theresa Clemente is 78 years old and, although now residing in Indiana, she previously lived in Boston. In her Affidavit, she described how, after paying $28.00 to obtain a certified copy of her birth certifí-cate from the State of Massachusetts and making three trips to the BMV, she had still not received a photo ID. See generally Clemente Aff. David Harrison, a Marion County resident, is a 75-year-old military veteran. State’s Ex. 5 (“Harrison Dep.”) at 7-8, 17. He is a registered voter but has neither a license nor identification card. He also does not have an original birth certificate or the money to secure a birth certificate, although he thinks a church might help him by giving him the money. He does not want to vote absentee because he does not trust that form of voting. Harrison Dep. at 12-16. Lois Holland is 69 years of age and lives in Indianapolis. State’s Ex. 59 (“Holland Dep.”) at 4-5. She has no identification containing her photograph. The only birth certificate that she has is copied from the family Bible. She votes in both the primary and general elections. Holland Dep. at 13, 16, 19. Ms. Holland works at the polls as a clerk for the Democratic Party and, as a result, has voted absentee in the past. Holland Dep. at 9. Ms. Holland says she usually votes for Democrats but does not always vote a straight-party ticket. Holland Dep. at 13,15. Thelma Ruth Hunter is an 85-year-old woman who has resided and voted in person in Indianapolis her entire life. She was born at home in Tennessee and to her knowledge, no current certificate of her birth exists. Ms. Hunter has attempted to obtain a “delayed certificate of birth” from Tennessee but has been unable to do so. Hunter claims she is a longtime supporter of Democratic candidates. See generally Hunter Aff. Ernest Pruden is a 74-year-old Marion County resident who has worked at the polls previously and does not have the necessary identification to vote under SEA 483. State’s Ex. 58 (“Pruden Dep.”) at 7, 12-15. He reports that he does not have a birth certificate and is uncertain as to what he would need to do to obtain a certified copy of his birth certificate from North Carolina, the state where he was born. He works at the polls in the apartment building (Lugar Towers) where he lives. Mr. Pruden typically votes in both the primary and general elections. Pruden Dep. at 17-18, 24, 26-27. Barbara Smith is 71 years of age and resides in Marion County. State’s Ex. 56 (“Smith Dep.”) at 5-6, 13. She does not have a driver’s license or state-issued photo identification card. She has a photo identification card issued to her by the federal government to her as a retiree, but as it lacks an expiration date, it will not suffice under SEA 483. However, she does have access to transportation by family members whenever she needs it and she has a certified birth certificate. Id. at 17. Ms. Smith frequently works at a precinct polling place on election day as a Judge for the Democratic Party and, as a result, has voted absentee. Smith Dep. at 7-8, 13. Ms. Smith intends to vote in the May primary but claims she does not want to vote absentee. Smith Dep. at 7-9, 14. Helen Wright suffered a heart attack in recent weeks and was unavailable to be deposed. She will be 65 years of age in 2006. State’s Ex. 75 (Wright’s postcard survey response to the Democrats). Robert G. Yancey, a poll worker for the Democrats, (State’s Ex. 60 (“Yancey Dep.”) at 9), has a non-license photo-identification card issued by the BMV that does not expire until 2009. Yancey Dep. at 7-8. B. ICLU Plaintiffs. 1. Representative William Crawford and Trustee Joseph Simpson. Representative William Crawford (“Rep. Crawford”) is a member of the Indiana House of Representatives, representing House District 98. See State’s Ex. 61 (“ICLU Compl.”) at ¶27. Rep. Crawford possesses the photo identification required by the Voter ID Law. Rep. Crawford states that he has been told by a number of persons that they do not have the required identification to be able to vote, Crawford Dep. at 22, 80; however, he has not identified any such persons by name to the Court. See State’s Ex. 62 (“Crawford’s Response to Interrogatories and Request for Production”) at ¶ 1. Rep. Crawford believes that SEA 483 will be an obstacle to poor persons seeking to vote, which concerns him as a politician because in his experience the more people who come out to vote, the better it is for his electoral chances. Crawford Dep. at 32, 127, 130. As a civil rights advocate, Rep. Crawford finds SEA 483 to be “patently offensive,” Crawford Dep. at 47-48, and, as a personal matter, he regards having to produce identification in order to vote “offensive.” Crawford Dep. at 31. Plaintiff Joseph Simpson has been an elected Washington Township Trustee for over twelve years and also serves as an elected precinct committee-person. Simpson Dep. at 11-13. Trustee Simpson has a driver’s license issued by the BMV. State’s Ex. 63 (“Simpson’s Response to Interrogatories and Request for Production”), at ¶ 7. Like Rep. Crawford, Trustee Simpson has generally alleged that some citizens who have voted for him in the past do not have the sort of photo identification required by SEA 483; also, like Rep. Crawford, he was unable to identify any such voters by name to the Court. Simpson Dep. at 79, Ex C; Simpson’s Response to Interrogatories and Request for Production ¶ 1, 3. Simpson fears that some people will walk away from the polls once they are challenged and he also believes that SEA 483 will increase the number of voter challenges. Trustee Simpson Dep. at 41-42, 62-64, 77. Simpson believes that the more people who are able to vote, the more votes he will receive. Simpson Dep. at 18-19. On a personal basis, Simpson strongly objects to having to show his identification in order to vote. Trustee Simpson Dep. at 21-23. 2. The Organization Plaintiffs. Concerned Clergy of Indianapolis (“CCI”) is an organization “dedicated to advancing social justice issues, particularly issues affecting the poor in Indianapolis.” ICLU Compl. at ¶ 51. CCI asserts that its members include “poor persons in the City of Indianapolis.” Id. at ¶ 52. CCI also has elected officers and formal members who join after being voted into membership. Deposition of Margie Oakley (“Oakley Dep.”) at 10-13 and Ex. G (Interrogatories). CCI does not maintain any records identifying its members who do or do not possess driver’s licenses or non-license photo identification. State’s Ex. 66 (“CCI Responses to Interrogatories and Request for Production”) at ¶ 6. Margie Oakley, CCI’s designated deponent, conceded that no CCI members have indicated to her that they do not have photo identification and that no CCI members have told her that SEA 483 will prevent them from voting. Oakley Dep. at 16, 20. However, CCI asserts that some of its members have indicated that they would be discouraged from voting because of SEA 483. Oakley Dep. at 17. One of CCI’s officers is Rev. Leroy Dinkins, the current vice president. Although Rev. Dinkins has a valid driver’s license, he is strongly opposed to any law that requires him, or any other person, to show photo identification in order to vote and prefers not to have to show photo identification in order to vote. Dinkins Aff. at ¶¶ 1, 3, 4, 6. CCI contends that, in response to the passage of the Voter ID law, it will have to expend its limited financial resources to assist persons with paying the costs of birth certificates so they can vote. Oakley Aff. at ¶¶ 3, 5. CCI also contends that, to extent SEA 483 lessens the political clout of minorities and poor persons, it lessens CCI’s effectiveness as well. Oakley, Ex. G at ¶ 8. The Indianapolis Resource Center for Independent Living (“IRCIL”) is a center for independent living funded by the federal government through Title 7 of the Rehabilitation Act. Deposition of Melissa Madill (“Madill Dep.”) at 72. According to the IRCIL’s bylaws, its members include its board of directors and “the people with disabilities whom we serve.” State’s Ex. 65 (“IRCIL’s Response to Interrogatories and Request for Production”), at ¶ 2. IR-CIL asserts that many of its members “may not have ... valid photo identification” and “will be discouraged from voting” by SEA 483. ICLU Compl. at ¶¶ 45, 48. However, IRCIL has not identified any such member to the Court. IRCIL’s Response to Interrogatories and Request for Production at ¶ 4. In fact, Melissa Ma-dill, IRCIL’s designated deponent, said that none of the 15 members with whom she had spoken concerning the Voter ID Law since it was enacted have said that they would be unable to vote because of the law. Madill Dep. at 23. The IRCIL assists its clients in obtaining identification cards from the BMV, although it does not pay the cost of the underlying documents, such as birth certificates. Affidavit of Melissa Madill (“Madill Aff.”) at ¶¶ 2, 3. The IRCIL states that, with the passage of the Voter ID law, it will have to devote more of its staffing resources to working with clients in order to try to collect the information necessary to obtain an identification card which, they say, will inevitably mean that staff will be less able to devote their time to other issues of importance to IRCIL’s clients. Id. at ¶¶ 4, 5. The Indiana Coalition on Housing and Homeless Issues (“ICHHI”) is a statewide coalition of organizations and individuals who advocate for persons who experience homelessness as well as low-income persons and families across Indiana. Deposition of Michael Reinke (“Reinke Dep.”) at 6. ICCHI’s members include paid members who generally are organizations such as homeless shelters, day shelters, and mental health centers, among others. Reinke Dep. at 10-12. ICHHI considers all homeless persons who receive services to be members as well. Reinke Dep. at 11. ICHHI states that it is aware that “many homeless and impoverished persons do not have valid driver’s licenses and state identification cards” and that SEA 483 “will prohibit members of ICHHI from voting because they will not be able to timely satisfy the identification requirements.” Id., at ¶¶ 71, 78. However, ICH-HI has been unable to identify any such affected individuals members. State’s Ex. 68 (“ICHHI’s Response to Interrogatories and Request for Production”), at ¶ 5. In response to a survey, several of ICHHI’s member organizations stated they were aware that many homeless persons do not have photo identification. However, those surveys do not identify any such individuals by name, nor do they indicate whether such homeless persons are members of ICHHI or one of its member organizations. See State’s Ex. 69 (“ICHHI Survey Responses”). ICHHI contends that SEA 483 will reduce the political power of homeless persons and, thus, will make it more difficult for ICHHI and its member organizations to advocate on issues affecting homeless persons. Reinke Dep. at 8-9. The Indianapolis Branch of the NAACP (“NAACP”) is the local branch of the well-known, national civil rights organization. ICLU Compl. at ¶ 61. The NAACP has 1500 members in Marion County. Deposition of Roderick Bohannan (“Bohannan Dep.”) at 16. It is non-partisan and registers persons to vote and encourages persons to vote. Bohannan Dep. at 25, 47. The NAACP alleges that SEA 483 will “make it more difficult for NAACP members ... to participate in elections.” Id. at ¶ 65. However, the NAACP has not identified any individual members who allegedly will be harmed by SEA 483. State’s Ex. 67 (“NAACP’s Responses to Interrogatories and Request for Production”) at ¶¶ 5, 7. Roderick Bohannan, the NAACP’s designated deponent, testified that he has heard some members say, “I don’t think I’ll be able to vote the way the statute is construed,” but he could not identify anyone in particular who had made such assertions. Bohannan Dep. at 19. Bohan-nan strongly objects to being required to show his BMV issued identification in order to vote. Bohannan Aff. at ¶¶ 1, 3, 4. The NAACP maintains that, to the extent that SEA 483 diminishes the political clout of African-Americans, it renders the NAACP and its branches less effective in arguing in support of their issues. (Bo-hannan Dep. Ex. H at ¶ 9). Finally, Bohan-nan contends that in response to the passage of SEA 483, the NAACP will have to divert funds and energies into educational and outreach efforts to inform the public about the law so as to maximize the number of persons who will be able to vote. Id. at ¶ 5. United Senior Action of Indiana (“USA”) is a 15,000 member, not-for-profit organization that is designed to promote and advocate issues of interest and importance to senior citizens. Deposition of Michelle Niemier (“Niemier Dep.”) at 17 and Ex. D, Request No. 1. USA’s members join the organization by paying dues. State’s Ex. 64 (“USA Response to Interrogatories and Request for Production”) at ¶ 2. USA states that it has received complaints from its members to the effect that SEA 483 would prevent people from being able to vote or will discourage people from voting; however, USA has not identified any specific members and USA does not have any records identifying members who have or do not have driver’s licenses or non-license photo identification. Niemier Dep. at 24, 38-39; USA Response to Interrogatories and Request for Production at ¶¶ 5, 6. Michelle Niemier, the Executive Director of USA, testified that she has “not spoken to any individual members [of USA who said that they] will not be able to vote because of [SEA 483], since it’s enacted.” Niemier Dep. at 24-25. USA is also concerned that the organization’s. effectiveness as an advocate for the elderly-will be diminished as its members’ ability to vote is diminished. Niemier Dep. Ex. D Interrogatories ¶ 7. VI. The Defendants. The two sets of defendants in this case are the Marion County Election Board (“MCEB”) and Todd Rokita, in his official capacity as Indiana Secretary of State, defendants J. Bradley King and Kristi Robertson, in their official capacities as Co-Directors of the Indiana Election Division. A. Marion County Election Board. The defendants The Marion County Election Board is, as indicated above, the entity that is responsible for the oversight of elections in Marion County, Indiana. Sadler Dep. 6. The Election Board consists of the Marion County Clerk and two other persons. Sadler Dep. 6-7. The Clerk acts as election administrator in Marion County. Sadler Dep. 6. B. The Secretary of State and the Co-Directors Of The Indiana Election Division. Plaintiffs have also named as defendants Todd Rokita, in his official capacity as Indiana Secretary of State, defendants J. Bradley King and Kristi Robertson, in their official capacities as Co-Directors of the Indiana Election Division. As indicated above, The Indiana Election Division provides advice and instruction to county election officials and publishes information and forms for use in Indiana elections. See Ind.Code § 3-6-4.2-1, et seq.; Deposition of Co-Director J. Bradley King, Attachment 2 (“King Dep.”) at 7. Rokita, as Indiana Secretary of State, is the state’s chief election official for all purposes (except for the coordination of State responsibilities under