Missouri law requiring photo ID to vote, set to take effect Sunday, faces new lawsuit

Legislation that will require voters to present photo identification to cast ballots in Missouri is once again heading to the courts.

A lawsuit filed by the League of Women Voters and Missouri NAACP on Wednesday argues that a bill passed this year by lawmakers and set to take effect Sunday is unconstitutional, violating "the fundamental right to vote and equal protection."

House Bill 1878, among a number of other changes it makes to elections and voting, requires all voters to present specific forms of photo identification to cast a ballot. The ACLU of Missouri and Missouri Voter Protection Coalition, which are representing the civic groups in the lawsuit, say the new requirements most significantly affect marginalized communities.

"The ID restrictions stand to burden thousands of Missouri voters who do not have or will face difficulty getting the limited ID required to cast a regular ballot — disproportionately voters of color, seniors, voters with disabilities, young voters and low-wage workers," said Denis Lieberman, director and general counsel for the Missouri Voter Protection Coalition, in a statement.

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"We should be working to reduce barriers to participation for these communities, not make it harder to vote."

Secretary of State Jay Ashcroft declined to comment on the lawsuit itself but defended the law in a statement, saying it "won't stop any eligible voter from voting, in fact it increases access. If you are registered, you can vote on Election Day. We have asked people for photo IDs before and we have not seen problems in the system."

“So it’s ridiculous to say this law will be problematic for voters,” Ashcroft said. “It’s exactly the sort of thing we need. This law increases access, increases security and increases credibility.”

Attorney General Eric Schmitt's office declined to comment on the lawsuit.

Wednesday's challenge to the law marks the second in three days by the civic groups, who are separately challenging provisions of the law that curtail the ability of groups to register more than 10 voters without getting approval from the Secretary of State's office.

It also revives a widely-expected legal fight that has persisted for years in Missouri, as the General Assembly has repeatedly attempted to require photo ID only to be stopped by the courts.

The most recent attempt came in 2020, when the Missouri Supreme Court ruled a previous photo ID law unconstitutional. That law, approved by voters through an amendment proposal on the ballot, required voters casting provisional ballots without photo ID on election day to submit a sworn affidavit under threat of perjury. (The affidavit language was not included in the 2022 legislation, deemed "misleading" by the high court.)

A previous attempt to ask voters to weigh in on photo ID requirements in 2011 came up short after it was challenged in court. And in 2006, Missouri's attempt to be one of the first states to require photo ID was struck down.

The laws have been widely criticized by Democrats and voting rights advocates, who have argued it curbs access for disadvantaged populations in the state. Republicans have touted it as a necessary measure to prevent voter fraud; Ashcroft has identified two cases of fraud in Missouri from the 2020 election.

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Nimrod Chapel, Jr., present of the Missouri NAACP, called the law "discriminatory," pointing to the national organization's "travel advisory" for Missouri. Marilyn McLeod, the president of the League of Women Voters of Missouri, said "these extreme restrictions don't make our elections any safer or more secure."

In a news release announcing the lawsuit, the organizations highlighted two voters who would face obstacles in obtaining a photo ID — one woman in mid-Missouri who has epilepsy and will need to travel to the DMV to renew her non-driver's license, and another whose name is spelled incorrectly on state documents.

Other changes within House Bill 1878 allow for two weeks of in-person absentee voting without an excuse, permits the Secretary of State to audit voter rolls and bans drop boxes for absentee ballots. The law is set to take effect Sunday, and its new requirements will be in place for the November general election if the courts do not intervene.

Galen Bacharier covers Missouri politics & government for the News-Leader. Contact him at gbacharier@news-leader.com, (573) 219-7440 or on Twitter @galenbacharier.

This article originally appeared on Springfield News-Leader: Lawsuit filed against Missouri's attempt to require photo ID to vote