Notary requirement for Missouri mail-in ballots isn’t unconstitutional, court rules
The Missouri Supreme Court on Friday upheld the notarization requirement on mail-in ballots, finding that there’s no constitutional right in Missouri to vote absentee or mail-in, according to the opinion.
The ruling upheld a Cole County circuit judge’s decision in late September that claims of unconstitutionality in the mail-in voting system were unfounded.
The case was brought by the Missouri State Conference of the NAACP and League of Women Voters. This week, the American Civil Liberties Union argued that the state’s mail-in voting system places an undue burden on voters trying to cast ballots during the ongoing COVID-19 pandemic.
The notary requirement stokes confusion and could potentially expose voters to the coronvarius, ACLU lawyer Sophia Lakin said.
Earlier this year, Missouri relaxed its absentee voting laws and created a new option for voting in this year’s elections. A new law allowed all Missourians to be eligible to vote by mail during the August and November elections.
Missouri Gov. Mike Parson said last month he didn’t see any reason to extend the new law, which is set to expire at the end of this year.
Under the legislation, a majority of voters will need to have their ballots notarized. The law was passed to give Missourians more options to vote during the COVID-19 pandemic.
“At-risk” voters as defined by the law, include those 65 or older, immunocompromised, or have certain chronic or respiratory illnesses, can vote absentee without notary approval.
Voters not considered “at-risk” under the law need to sign their ballots and then have them validated by a notary public before returning.
The Supreme Court found that, “Although the Missouri Constitution establishes that the right to vote is fundamental to Missouri citizens, the right to vote absentee does not enjoy such high status.”
The court found that the constitution gives the legislature the discretion to decide the circumstances under which people can vote absentee. The legislature exercised that authority when it relaxed the absentee voting laws earlier this year in response to the pandemic.
“The restrictions placed on mail-in balloting do not violate the fundamental right to vote because mail-in balloting is not a fundamental right under the Missouri Constitution,” according to the opinion. “The legislature had no obligation to allow mail-in or absentee balloting.”
This story was originally published October 9, 2020 at 4:06 PM.
