Missouri lawmakers aim to require photo ID, two weeks of early voting in elections bill

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JEFFERSON CITY — Missouri lawmakers are preparing to pass a bill loaded with changes to how elections and voting operate in the state.

House Bill 1878 would require voters to have photo ID to vote, as the Republican-led General Assembly again attempts to impose the measure after a similar bill was struck down in the courts.

It would also allow for two weeks of in-person absentee voting without needing an excuse, ban ballot drop boxes, institute a number of cybersecurity measures aimed at increasing security, and ban private donations to election authorities.

The 82-page legislation, which is expected to pass the Senate after nine hours of debate Tuesday evening, fulfills a significant priority for GOP majorities in the House and Senate, as well as Secretary of State Jay Ashcroft, ahead of midterm elections this fall.

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"There are certain parts of election law and the policy fight that are going to be made to be somewhat political, but there's a bunch of stuff that is just okay, here is the nature and the reality of elections," said Senate Majority Leader Caleb Rowden, a Columbia Republican.

Voters wait in line at Second Baptist Church to cast their vote in the 2020 presidential election on Tuesday, Nov. 3, 2020.
Voters wait in line at Second Baptist Church to cast their vote in the 2020 presidential election on Tuesday, Nov. 3, 2020.

Democrats have been staunchly opposed to crackdowns on elections and voting, calling the various measures attempts to disenfranchise voters.

They filibustered the bill on the Senate floor for several hours but were able to fit in a priority of their own — two weeks of in-person absentee voting without needing an excuse. Those two weeks will come immediately prior to Election Day.

Democrats also put language in the bill that would nullify the entirety of the legislation if any part of it is found unconstitutional or repealed by the court.

"I think it's a good faith amendment that says that we start over from scratch if one part gets thrown out, and I can definitely agree to that, I think it's fair play," said Minority Leader John Rizzo, a Democrat from Independence.

The most likely portion of the bill to run into legal trouble is the photo ID requirement.

A previous version of the law passed by lawmakers was gutted by the Missouri Supreme Court in 2020. Under the law, those without a photo ID when they vote would have been required to swear to their identity under threat of perjury. (That language is not included in the new legislation.)

Photo ID in Missouri: Law gutted by Missouri Supreme Court (2020)

Regardless, Republican lawmakers, Ashcroft and other officials, such as Greene County Clerk Shane Schoeller, have pushed for another run at implementing the law, which they say protects against voter fraud; Democrats and voting rights' advocates have said it makes voting more difficult.

Under current law, Missourians must present some form of ID — whether that be a driver's license or copy of a utility bill — but it does not have to be a photo ID.

Also included in the bill is language allowing the secretary of state to audit voter registration records of any local election authority. Those election authorities would also be unable to accept money from private entities; and candidates, campaigns and other political entities would not be able to donate "in-kind" to poll workers (which could include food, water or other goods and services).

Voting took place April 5, 2022.
Voting took place April 5, 2022.

On the Senate floor Wednesday and in previous debates on the subject, Democrats have expressed concern that Republicans' push for election measures are tied in part to false conspiracies of widespread election fraud in the 2020 presidential election.

Both Ashcroft and Schoeller have said that the 2020 presidential election was secure in Missouri. Ashcroft has investigated and found two cases of voter fraud committed in the state.

Elections in Missouri: State hearing dominated by conspiracies, misinformation

The bill represented the rare shared priority by the two wings of the Senate Republican caucus — those aligned with chamber leadership and those in the Conservative Caucus.

But the latter group didn't get everything it asked for in the bill. An amendment from Sen. Rick Brattin of Harrisonville, which would have allowed for "poll watchers" to observe voters at polling places, was withdrawn after Democrats criticized it as a possible method of intimidation and tried to alter the amendment to require criminal background checks.

Other measures included in the legislation are:

  • A requirement that all voting machines be "air-gapped," or disconnected from a wider network and not connected to the internet.

  • Language that says no one who sits on a board of election commissioners is required to reside in and be a registered voter within the jurisdiction of that board.

  • A ban on "touchscreen direct-recording, electronic" voting machines starting on Jan. 1, 2024.

  • A repeal of the presidential preference primary, which the state holds every four years to determine how delegates are distributed for national party conventions. Ashcroft has said the primary is largely pointless because of party caucuses that are already held to determine how delegates are distributed, with the primary results being ignored.

The bill must see a final vote of approval by the Senate and House before it passes and is sent to the governor's desk. The final day of the legislative session is Friday, May 13.

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: MO lawmakers aim to pass photo ID, two weeks of early voting