Judge clarifies voter ID ruling

Cole County Senior Judge Richard Callahan made it clear Tuesday - his Oct. 9 ruling in the voter ID lawsuit applies to all local election officials, as well as to the secretary of state's office.

The revised order was issued in the case brought by the Washington, D.C.-based Priorities USA against Secretary of State Jay Ashcroft and the state of Missouri, challenging the implementation of the new voter ID law that went into effect June 1, 2017.

Symone D. Sanders, a strategist with Priorities USA, said in a statement: "Again, this is an important victory for voting rights that will ensure that future elections in Missouri are open and accessible to every eligible voter."

Mary Compton, spokeswoman for Attorney General Josh Hawley, told the News Tribune: "We are reviewing the court's clarification and are determining next steps.

"We will continue to defend the commonsense voter ID law that 63 percent of Missourians approved in 2016."

Amendment 6 in the Nov. 8, 2016, election added language to the Constitution allowing legislators to pass a law that could include requiring a photo ID, when a voter seeks to cast a ballot at the polling place. It passed with 1,712,274 "yes" votes out of 2,717,508 votes cast, or 63.009 percent of those who voted.

Callahan first ruled two weeks ago that most of the new law was within the Legislature's powers to implement, but the sworn statement required of voters who don't present a voter ID with a photograph went too far.

His Oct. 9 order included an injunction against using the statement during the Nov. 6 general election.

Last Friday, the Missouri Supreme Court rejected the state's request to block Callahan's injunction against using the statement.

Ashcroft also cited the 63 percent of Missourians number, adding: "For almost 18 months, (the new law) has been effective without disenfranchising a single voter.

"Today, a mere two weeks from the November 2018 mid-term election, Senior Judge Richard Callahan has eviscerated Missouri's photo ID law as crafted by the state legislature," Ashcroft said. "Somehow, while holding the law constitutional, Judge Callahan has prohibited the enforcement of the law for the upcoming election."

Ashcroft and Hawley's office had argued in their request for that stay: "The lower court enjoined the wrong party. Missouri elections are conducted by the 116 local election authorities (LEAs.) In sum the LEAs who are not parties to this suit may be confused about whether they bound by this Court's injunction against the Secretary of State."

Callahan's revised order agreed, saying the injunction applies to "the Defendants and all other persons acting in concert with Defendants in administering and certifying elections within the State of Missouri, including local election authorities, are permanently enjoined from requiring voters otherwise qualified to cast a regular ballot to execute the sworn statement set out in (state law) in order to cast a ballot."

However, the judge also reminded the parties that his finding wasn't new, but was part of his ruling in a 2006 voter ID case the state Supreme Court ultimately upheld, blocking that photo ID requirement from going into effect.

Callahan wrote Tuesday: "As this Court noted in 'Weinschenk,' local election officials act in concert and participation with the Secretary of State in administering and certifying elections in the State of Missouri.

"Consequently, when this Court enjoined the enforcement of the 2006 voter ID law in 'Weinschenk,' its injunction applied not only to the two named Defendants - then Secretary of State Robin Carnahan and the State of Missouri - but to 'all other persons in active concert and participation with Defendants, including all local election authorities.'"

Ashcroft told the News Tribune on Tuesday: "I am deeply concerned that Judge Callahan, who previously struck Missouri's photo ID law in 2006, has once again thwarted the clear desire of Missourians to secure their elections. I am further disappointed that the Missouri Supreme Court has denied my request for an emergency stay of Judge Callahan's ruling.

"I will continue to work with the Missouri Legislature and the people of the state to implement their will and uphold my duty to hold fair and secure elections. As always, despite what you've been told, if you are registered to vote, you can vote."

Callahan's injunction also applies to preventing state and local election officials "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."

The judge issued his ruling Tuesday after meeting with attorneys for both sides Monday.

Other than rejecting the request for a stay of Callahan's order for the Nov. 6 election, the Missouri Supreme Court has not yet scheduled arguments in the state's overall appeal of Callahan's ruling.