Civil rights groups argue Missouri’s ballot notary requirement unconstitutional

The American Civil Liberties Union (ACLU) argued before the Missouri Supreme Court Tuesday that the state’s mail-in voting system places an undue burden on voters trying to cast ballots during the ongoing pandemic.

Some absentee voters must have their ballots signed by a notary while the requirement is waived for others, including anyone at risk of contracting COVID-19. Special provisions allow anyone to vote by mail this year, but their ballots must also be notarized.

In addition to stoking confusion, ACLU lawyer Sophia Lakin contended that the notary requirement could potentially expose voters to the virus.

“During this health crisis, the law doesn’t do enough to protect Missourians’ right to vote,” Lakin said. “Voters are saddled with a notary requirement that forces them to choose between risking their health, and those of their loved ones, and their right to vote.”

Because of this, she argued, county clerks should count all mail-in ballots on Election Day — even those that are not properly notarized.

The case was brought by the NAACP and League of Women Voters. In late September, a Cole County circuit judge ruled that claims of unconstitutionality in the mail-in voting system were unfounded.

Circuit Judge Jon Beetem said the plaintiffs “provided no evidence of any instance of transmission of COVID-19 during a notarization.”

On Tuesday, Solicitor General John Sauer argued on behalf of the state that it would be unfair to change the vote-by-mail process after tens of thousands of Missourians had already voted. Doing so would not constitute equal treatment, he said.

Missouri Secretary of State Jay Ashcroft has not embraced expanded mail-in voting, maintaining that the best way for Missourians to cast a ballot is still in-person.

Several other Missouri voter access and election integrity cases are still making their way through the courts less than a month before the Nov. 3 election.

In federal court, a number of groups, including Missouri Faith Voices and Organization for Black Struggle, are also asking that the state’s mail-in voting system be simplified.

Another Cole County case on the docket Tuesday deals with whether or not ballots will be counted if mail service delays keep them from reaching election offices before polls close on Election Day.

The AP contributed to this report