Democrats -- who are historically a minority voice on presidential election day in these two states -- take to the polls Tuesday to express their opinion on the party's nominees. Like Pennsylvania, North Carolina hasn't played a substantive role in the run-up to the convention since 1976. And Indiana takes center stage as much for the recent Supreme Court decision on voter ID as for the primary.

Bruce Ackerman and Jennifer Nou write at Slate that Court forgot about the "24th Amendment, forbidding any 'poll-tax or other tax'" as a pre-req for voting. They cite the example of Virginia's poll tax, struck down in (!) 1965:

On the face of things, Indiana provides identification free of charge, but so did Virginia when it required proof of residence. Like Virginians trying to avoid the tax, Indianans must file paperwork to get their IDs. And their burden is often heavier. It was enough for a Virginian to swear that he or she was a resident in front of witnesses or a notary public. Indianans must also travel to the Bureau of Motor Vehicles to get a photo ID as well as pay for supporting documents like a birth certificate or passport. They can escape the requisite fees only by casting a provisional ballot and then taking another trip to a local official to swear that they are too poor to comply. And they must repeat this humiliating procedure every time they cast a ballot.

Like Indiana, Virginia told the court that a certificate of residency was necessary to preserve the integrity of its elections. But in 1965, the justices would have none of it. According to Harman, the 24th Amendment could not be satisfied by a showing of "remote administrative benefits"—especially when other less burdensome devices were available for proving residency. In particular, the court pointed out that Virginia could ask voters to take an oath and rely on the threat of punishment to deter lying. The same is true today in Indiana.

Moreover, there is no sound case -- no proven problem -- that a voter ID might solve. The chance for hanky-panky is higher at the vote counting side; another area of possible fraud surrounds absentee ballots (the ballot not being completed by the registered voter). And there are still issues with voter intimidation, which is usually not a concern of those who think Americans are faking it at the polls. Read more at The Election Law Blog.