A Cole County judge’s decision to strike down several key provisions of Missouri’s photo voter identification law will remain in place, at least through the November 6th midterm election.
The Missouri Supreme Court issued a one-sentence order late Friday afternoon in Jefferson City, overruling the state’s emergency motion for a stay. The order is signed by Missouri Supreme Court Chief Justice Zel Fischer.
Missouri Attorney General Josh Hawley’s office is still appealing Cole County Circuit Judge Richard Callahan’s ruling to the Missouri Supreme Court, and the Court has not ruled on that appeal.
Friday’s order simply means the state’s request for a stay has been overruled.
While Judge Callahan’s October ruling left the state’s 2016 photo voter ID law in place, it struck down the requirement that those who don’t present a photo ID at the polls must sign an affidavit. It also prevents the state from advertising or distributing information that photo ID’s are required to vote.
In his 27-page brief earlier this month to the state Supreme Court requesting a stay, Missouri First Assistant Attorney General D. John Sauer wrote that the plaintiffs, Priorities USA, have not identified a single voter who was unable to vote under the voter ID law. Sauer also wrote that the state will likely prevail on appeal.
In their 37-page brief this month to the Missouri Supreme Court opposing a stay, attorneys Don Downing and Chuck Hatfield wrote that the affidavit required under option two in the photo ID law “is demonstrably false, misleading and confusing.” Downing and Hatfield also wrote that Judge Callahan correctly found that the affidavit is unconstitutional.
Missourinet’s Jason Taylor covered the four-day trial gavel-to-gavel. Four attorneys on each side questioned witnesses.
The midterm election is on November 6.
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