The Independent View: MO State Court Strikes Portions of Law Related to Voter ID Requirements

The Case is: No. 18AC-CC00226, in the Circuit Court of Cole County, Missouri. RIORITIES USA, et. al., is the Plaintiffs V. STATE OF MISSOURI, et. al.

This case involves a Lawsuit by Plaintiffs challenging the Constitutionality of HB 1631 and Requesting a Permanent Injunction Enjoining the Enforcement of the Provisions. By Agreement of the Parties, the matter was Tried and Submitted on the Merits for final Judgment. For reasons hereinafter stated, the Court finds, with One Important Exception, that the Voting Scheme adopted by General Assembly in HB 1631 is within its Constitutional Prerogative under the Missouri Constitution.

HB 1631 was Passed by the General Assembly during the Veto Session on September 14th, 2016, and Governs all Elections occurring after June 1st, 2017. Under the New Law, In-Person Voters have One of Three Options available to them if they wish to Cast a Vote:

1) Option One requires the Presentment of a Current Missouri Driver or Nondriver License, current Passport, or a Military or Veterans Identification Card;

2) Option Two requires the Presentment of any One of a Number of Prescribed Non-Photo forms of Identification that were Permissible under the Previous Law coupled with the Requirement that the Individual sign an Affidavit under Pain of Perjury that they are the Person on the Identification and the Resident Voter; and

3) Option Three requires a Sworn Statement on the Provisional Ballot Envelope that the Individual is the Registered Voter but otherwise allows the Person to Vote without Presenting any form of Identification, with the caveat that the Ballot will only be Counted if the Individual Voter Returns with an Option One Photo Identification, or if the Election Authority determines that the Voter's Signature on the Provisional Ballot Matches the Voter's Signature on File.

Order and Judgment

It Is Ordered, Adjudged, And Decreed: The Defendants' Motion to Dismiss for Lack of Standing is Sustained as to Plaintiff West County Community Action Network and Denied as to the remaining Plaintiffs.

It Is Further Ordered: The Defendants are Permanently Enjoined from Requiring Voters otherwise Qualified to Cast a Regular Ballot under Section 115.427.2 to Execute the Sworn Statement set out in section 115.427.2(1) and 115.427.3.

It is Further Ordered: The Defendants are Permanently Enjoined from Disseminating Materials which Represent that a Photo Identification Card is Required to Vote.

It is Further Ordered: The Defendants are Permanently Enjoined from Disseminating Materials with the Graphic that Voters will be Asked to show a Photo Identification Card without Specifying other Forms of Identification which Voters may also Show.

It is Finally Ordered: All remaining Claims of Plaintiffs are Denied.

CLICK HERE to read the Six page (PDF) Final Order and Judgment.