Case Summary
LWVMO and partners filed a lawsuit in state court, asserting HB 1878, which severely criminalized and restricted several voter registration activities, violated the Missouri Constitution’s guarantees of free speech, free association, and due process.
The League of Women Voters of Missouri (LWVMO), together with the Missouri Conference of the NAACP, filed a lawsuit in the state Circuit Court of Cole County against the following provisions of HB 1878, a new election law that restricted or criminalized several voter registration and education activities.
- Compensation Ban: HB 1878 forbids paying or compensating any person for soliciting voter registration applications, other than a governmental entity or someone paid by the government to do so.
- Unpaid Solicitor Registration Requirement: The bill requires that anyone, compensated, or uncompensated, must register with the Secretary of State if they solicit more than ten voter registration applications.
- Registered Voter Requirement: HB 1878 requires every voter registration solicitor to be a registered voter in Missouri.
- Absentee Ballot Solicitation Ban: The bill also bans any individual, group, or party from soliciting a person into obtaining an absentee ballot application.
Violations of the Compensation Ban, Unpaid Solicitor Registration Requirement, and Registered Voter Requirement are punishable by up to one year in prison and/or a fine of $2,500.
The plaintiffs asserted these provisions violated the rights to free speech, free association, and due process guaranteed by the Missouri state constitution. In particular, LWVMO and the Missouri NAACP argued the provisions burdened free speech by limiting the number of people they could call upon to register and educate voters and restricting the reach of their messaging through the risk of criminal penalties and administrative burdens. The plaintiffs further asserted the provisions discriminated against their speech based on the viewpoints and content expressed.
Along with the alleged free speech violations, LWVMO and the Missouri NAACP argued the requirements at issue violated their freedom of association by restricting who could participate in their voter registration and education activities, among other burdens.
Finally, the plaintiffs stated the challenged provisions were vague and violated due process, as the definitions of “compensated,” “voter registration solicitor,” and “soliciting voters into obtaining absentee ballot applications” were not clearly defined in the bill, heightening the risk of criminal liability.
LWVMO and the Missouri NAACP requested the court declare the provisions unconstitutional under the state constitution and issue both preliminary and permanent injunctions prohibiting their enforcement. In the alternative, the plaintiffs asked the court to issue a declaratory judgment to clarify how the provisions would be enforced upon them. In the interim, the plaintiffs halted many of their traditional voter registration and outreach activities.
On November 4, 2022, the court granted the plaintiffs’ request for a preliminary injunction ahead of the November 8, 2022 election, forbidding state officials from enforcing any of the challenged provisions.
LWVMO is represented by the Campaign Legal Center, the American Civil Liberties Union (ACLU) of Missouri, and the Missouri Voter Protection Coalition in this lawsuit.
LWV Timeline
HB 1878 becomes law
Republican Governor Mike Parsons signs HB 1878, an omnibus election bill into law. Among its provisions are new restrictions and conditions on voter registration and outreach activities, enforceable by fines, jail time, and other criminal penalties.
LWVMO files lawsuit
LWVMO and the Missouri NAACP file a lawsuit in the Cole County Circuit Court, asserting the restrictions on voter registration and education violate the Missouri Constitution’s protections of free speech, free association, and due process.
Court grants preliminary injunction against restrictions on voter registration and education activities
The court grants a preliminary injunction. The order states the challenged provisions injured the plaintiffs by reducing the pool of available volunteers for voter outreach and registration activities and diverting resources towards compliance and verification of volunteers’ registration status, among other injuries. The court further rules the provisions likely violate free speech rights, freedom of association and are unconstitutionally vague under Missouri state law. Under the injunction, the provisions are unenforceable, pending the entry of a final order by the court.
Court holds bench trial
Court strikes down challenged provisions
After a bench trial, the court strikes down all four challenged provisions, ruling they violate the Missouri constitution's protections of free speech, association and due process, and permanently forbids state officials from enforcing them.
Missouri appeals to state supreme court
The defendants appeal the trial court's decision to the Missouri Supreme Court.
LWVMO files brief in state supreme court
LWVMO files its opening brief in the Missouri Supreme Court, arguing the trial court's ruling correctly held the challenged provisions violate the state constitution's protections for freedoms of speech, assembly, and association, and that the provisions on solicitation and compensation are unconstitutionally vague and thus violate due process.
Missouri Supreme Court issues opinion
In a 4-3 vote, the Missouri Supreme Court rules that all four of the challenged provisions are unconstitutional restrictions of core political speech under the state constitution.