Judge strikes down Missouri voter ID law
KELLY WIESE
Associated Press
September 14, 2006
http://www.kansascity.com/mld/kansascity/15519955.htmJEFFERSON CITY, Mo. - A state judge struck down Missouri's new voter identification law Thursday as an unconstitutional infringement on the right to vote.
Cole County Circuit Judge Richard Callahan was considering two combined lawsuits claiming the requirement that people show a federal or Missouri-issued photo ID at the polls starting in November was an unconstitutional burden on voters.
Callahan's ruling bars the photo ID requirement from being enforced. He said the requirement is a particular burden to women and the poor. That's because a separate Missouri law requires those getting or renewing a driver's license to show they are lawfully in the country, generally with a birth certificate or passport.
Those whose name has changed, such as some married women, also must provide documents showing those changes. While the ID to vote would be free, underlying paperwork has a cost, and the judge said that's unacceptable.
Without the added requirements to obtain a license or state ID card, the judge ruled, the law might not be so burdensome.
"While a license to drive may be just that: a license and not a right. The right to vote is also just that: a right and not a license," the judge wrote.
Gov. Matt Blunt, a Republican who backed the law, decried the decision.
"This is a constitutionally sound law that will help improve Missourians' confidence in the elections process and help combat those who attempt to manipulate the system," he said in a written statement.
Callahan agreed that a photo ID requirement is not a burden for most of society. Supporters have said that 95 percent of Missourians already have the ID they would need.
"However, for the elderly, the poor, the under-educated, or otherwise disadvantaged, the burden can be great if not insurmountable, and it is those very people outside the mainstream of society who are the least equipped to bear the costs or navigate the many bureaucracies necessary to obtain the required documentation," the judge wrote in his ruling.
Supporters of the law argued it's necessary to prevent fraud and increase confidence in the election process. But opponents who sued said it would disproportionately harm the poor, elderly and disabled who may be least likely to drive.
Secretary of State Robin Carnahan, a Democrat who has lambasted the law since the beginning, praised the judge's decision.
"This ruling affirms my concern that the law clearly jeopardizes the constitutional voting rights of many Missourians," she said in a written statement. "As Missouri's chief elections official, it's my job to ensure fair elections, and elections cannot be fair if eligible voters are not allowed to vote."
The attorney general's office, which defended the law, did not immediately return a call seeking comment. Hearne said he would consider appealing the decision if the state does not.
The judge also said in his opinion that unlike many other states, Missouri residents don't have several options to prove they are legally in the country, but rather generally must rely on documents that cost money.
The judge also noted that there have not been major complaints of voter fraud since the law was changed after the 2000 election to require voters to show some identification at the polls. That law allows a variety of items to count, from a license to the voter card sent out by election authorities to a utility bill.
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