ST. LOUIS — Missouri ACLU's lawsuit arguing for all voters to be able to vote by mail this year without a notary is allowed to continue, the state Supreme Court recently decided.
Missouri ACLU Legal Director Tony Rothert says the lawsuit was filed in April.
"When we filed the suit in April we were asking people who were voting by mail because of COVID to be able to vote absentee by mail without a notary," Rothert said in an interview with the St. Louis Record. "The legislature passed some changes to the law, which created a new voting system by mail for everyone. It’s a little bit different than absentee but similar."
Missouri ACLU Legal Director Tony Rothert
| https://www.aclu-mo.org/
The focus of the lawsuit is on the notary requirement, Rothert says.
"In our view, it’s a barrier for people who are voting in a couple of ways," Rothert said.
"First of all, access to a notary requires them to leave their home and go to a public place during the time of COVID, which defeats the purpose of allowing them to vote absentee. Also, notaries cannot charge for regular absentee ballots, but they are allowed to charge on the new vote-by-mail scheme for this year, so there will be a cost, which will disproportionately affect lower-income people and people of color. We also worry that there are not enough notaries because of COVID — there is a backlog for people who have applied to be sworn in."
Rothert says that all of those factors make it more difficult for people to vote as long as the coronavirus persists.
"The alternative is that they will just go vote on Election Day and put their health at risk or they won’t vote at all, which we don’t think is a choice that voters should have to make," Rothert said.
The ACLU has asked the courts to expedite things so it can get a ruling before the Aug. 4 primary. Anyone qualifies for the mail-in ballot with the notary requirement for the two elections in 2020, says Rothert.
"We also need the court to decide if it means anyone who is confining themselves because of COVID fits under that," Rothert said. "The rules expire at the end of December, so they will not be in effect for next year’s elections. We think the legislature should adopt a vote-by-mail system for everyone. Voters like it regardless of party, and states that have tried this don't go back. That is something we advocate for and will continue to advocate for going forward."