Jefferson City, Mo. - A Cole County Circuit Court judge issued a permanent injunction against four provisions of Missouri House Bill 1878 that criminalized voter engagement efforts and chilled the freedom of speech of organizations whose priorities are to register and educate voters. The challenge was brought by the League of Women Voters of Missouri and the Missouri State Conference of the NAACP, who are represented by the ACLU of Missouri, Campaign Legal Center, and the Missouri Voter Protection Coalition.
The four blocked provisions include a criminal prohibition on compensating non-governmental actors registering voters; a felony criminal penalty for soliciting a voter to obtain an absentee ballot application; criminal penalties for anyone other than Missouri registered voters who engages in voter registration; and a requirement of volunteers who will register more than 10 voters to apply with the Secretary of State’s office.
The court found these provisions violate the freedom of speech and association, are vague and content-based, and violate due process, concluding that unless these provisions were struck down, “plaintiffs will once again be forced to reduce and cease engaging in certain protected speech and expressive activities related to promoting voter registration and absentee voting, or face enforcement and criminal penalties, including fines, possible jail time, and possible permanent loss of the right to vote.”
Marilyn McLeod, President of the Missouri League of Women Voters stated:
“The League has worked since 1919 to educate and empower voters, but House Bill 1878 criminalized some of our work, including giving someone a blank absentee ballot request form or encouraging a new citizen to register to vote. We are pleased that the court recognized that these restrictions were unreasonable and violated our constitutional rights."
Nimrod Chapel, Jr., President of the Missouri State Conference of the NAACP stated:
“The restrictions contained in House Bill 1878 were a direct attack on the NAACP’s work to engage and empower communities of color at the ballot box. These restrictions would have heightened the existing disparities that Black voters face by removing a vital resource to navigating the legislative barriers to ensure people of color can exercise their fundamental right to vote.”
The restrictions of House Bill 1878 went into effect on August 28, 2022, just ahead of the 2022 midterm elections. The court issued a preliminary injunction on October 24, 2022, following the voter registration deadline. The Court’s Order last week makes that injunction permanent.
Lawyers for the ACLU of Missouri, Campaign Legal Center, and Missouri Voter Protection Coalition issued the following joint statement:
“This is an important decision reinforcing that civic engagement work is constitutionally protected speech. These restrictions had a chilling effect on political speech, voter engagement, and participation in our democracy by limiting this work and enforcing strict criminal penalties against those who work every day to engage and educate voters on how to exercise their fundamental right to vote. At one time or another, most people have registered to vote at a college campus, a community event, or helped a loved one secure an absentee ballot application because they were unable to make it to the polls. We are gratified that the court saw these sham restrictions as an unconstitutional attempt to stop civic engagement organizations from encouraging participation in our democracy.”
Read the full opinion.
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