Cole County Circuit Court Archives

Missouri court hears lawsuit again about mail-in voting law

July 8, 2020 By Alisa Nelson

Cole County Circuit Court Judge Jon Beetum is considering a lawsuit designed to let all Missouri voters cast a ballot by mail this year without a notarized signature. The NAACP of Missouri and the ACLU of Missouri are suing the state and contend that a new law requiring some voters to get a notary could put their health and the health of others at risk during the COVID-19 outbreak.

Missouri court hears lawsuit again about mail-in voting law

Beetum dismissed the case in May and said the groups did not state a claim. He went on to say they are trying to get widespread absentee voting for all future elections. The case was then appealed to the Missouri Supreme Court and the high court reversed Beetum’s decision. It said the groups actually stated a claim.

Plaintiffs want the court to block the notarization requirement in Senate Bill 631. Under the plan, all registered Missouri voters can mail in their ballot this year, if requested, and the ballot envelope must be notarized.

Absentee voters can cast a ballot without a notary if:

Incapacitated or confined due to illness
Having contracted the coronavirus or at-risk due to the following:
*Age 65 or older
*Immunocompromised
*Living in a long term care facility
*Diabetes
*Chronic lung disease/asthma
*Serious heart condition
*Liver disease *Chronic kidney disease and undergoing dialysis

All other absentee voters will be required to get a notary.

The governor has signed an executive order allowing electronic notarization.

The key witness for the plaintiffs, Dr. Hilary Babcock, a medical professor from Washington University in St. Louis, says the safest way to vote is not to leave home and instead vote by mail. But she says getting ballots authorized through a notary is safer than voting in person. If voters use public transportation to get to the polls, Babcock says those voters increase the chances of getting the virus.

Arguing for the state, Missouri Solicitor General D. John Sauer, raised the point that some notaries already have a porch or window-separated notary option. He also questioned Babcock about using safety measures while voting in person. Babcock says using social distance, frequent hand washing and wearing masks could help to minimize the risks of getting the virus. But she says they are not as safe as staying confined.

Today’s court hearing came with some technical glitches, causing the hearing to last more than three hours. Plaintiffs used a video conference platform to dial into the hearing. Understanding what they were sometimes saying did not always come easy. The Missouri Attorney General’s Office represented the state in-person.

Beetum could rule on the case at any time. Missouri’s primary election is on August 4.

Court dismisses challenges to transportation tax, gun issues, one appeal filed

July 1, 2014 By Mike Lear

A Cole County judge has dismissed lawsuits challenging two issues on the August ballot, saying the deadline has passed for a court change to the ballot language of those issues as plaintiffs had hoped.

The rulings deal with Constitutional Amendment 5, which supporters say would strengthen the rights of Missourians to keep and bear arms, and Constitutional Amendment 7, which would raise the state sales tax three-quarters of one percent to fund state transportation needs and projects.

Judge Jon Beetem also found that the summary statements of both measures and the fiscal note of the transportation tax issue were fair and sufficient.

Both issues were the result of resolutions passed by the state legislature and attorneys in both cases had argued the ballot language offered by the general assembly didn’t adequately explain the issues.

Opponents of the transportation tax say the financial summary has too low an estimate of what the tax would generate and leaves out that it would also raise the “use tax.” Opponents of the firearms amendment say it leaves out that it would remove restrictions on concealed guns and would require greater scrutiny of gun laws.

See our earlier story

Attorney Khristine A. Heisinger represents the plaintiffs in the case against the ballot language of Constitutional Amendment 5. She has filed an appeal to the judge’s ruling arguing that he was in error in determining that the language was fair and sufficient and that the matter was moot.

An attorney representing the plaintiffs on the transportation tax issue was not available for comment.

Challenges to transportation tax increase and gun rights amendment heard in court

June 27, 2014 By Mike Lear

A judge has heard the arguments of attorneys who say the language of two issues on the August ballot should be struck down, and attorneys who say it’s too late for that.

The challenges are against Constitutional Amendment 5 that backers say would strengthen the right to keep and bear arms, and Constitutional Amendment 7 that would raise the sales tax by three-fourths of a cent for ten years to pay for transportation projects. Attorneys in both cases say the ballot summaries offered by the legislature don’t adequately explain key aspects of them.

Opponents of the transportation tax say the financial summary has too low an estimate of what the tax would generate and leaves out that it would also raise the use tax. Opponents of the firearms amendment say it leaves out that it would remove restrictions on concealed guns and would require greater legal scrutiny of gun laws.

If Cole County Circuit Judge Jon Beetem throws out the summaries, he could write new ones. If he does not the issues might not move forward because it would fall the the legislature to write new ones, and it’s not in session.

Attorneys arguing for the state and the sponsors of those ballot issues argue that the court has no authority to act because absentee voting has already started, and have asked for the lawsuits to be dismissed.

Judge Beetem has not said when he will issue rulings, which could be appealed.