Our Opinion: Photo ID veto reflects prohibition in constitution

Thursday, June 23, 2011

Missouri lawmakers should forget the idea of overriding Gov. Jay Nixon’s veto last week of the enabling legislation for requiring voters to show a photo ID before being allowed to cast a ballot.

It’s a bad idea.

And it’s unconstitutional — even if voters next year approve the companion Constitutional Amendment that the now-vetoed law would have been based on.

“This new mandate would disproportionately impact senior citizens and persons with disabilities, among others, who are qualified to vote and have been lawfully voting since becoming eligible to do so, but are less likely to have a driver’s license or government-issued photo ID,” Nixon said in his veto letter.

The governor then gave more details about his concerns, including the proposed law’s requirement that voters without a photo ID “execute a legally-binding affidavit explaining why,” after which the person without the photo ID would be allowed to cast “a provisional ballot” that would not be counted unless the election authority determines the signature offered on election day matches the signature on the original voter registration card.

While his message suggests it, we think the governor missed emphasizing a key point: Missouri’s Constitution now guarantees a right to vote that neither the now-vetoed law nor the proposed amendment change.

The amendment seeks to add sections 8, 9, 10 and 11 to Article VIII, the state Constitution’s “Suffrage and Elections” section.

In addition to photo ID, the amendment would authorize “early voting.”

But it does not change the language of Section 2, which says: “All citizens of the United States ... over the age of eighteen who are residents of this state and of the political subdivision in which they offer to vote are entitled to vote at all elections by the people ... if they are registered within the time prescribed by law ...”

That means that any proposal to limit the ability to vote once you’re registered violates the Missouri Constitution.

Unless Missouri voters change that language — and there is no good reason why they should — any attempt to require voters to have a photo ID in order to vote must begin at the election authority’s office, at the time of registration.

And, so far, lawmakers haven’t even discussed that.

Both the bill’s sponsor, Sen. Bill Stouffer, R-Napton, and House Speaker Steve Tilley, R-Perryville, have promised an effort to override the governor’s veto.

They argue the ID law makes sense in today’s world, since you have to show an ID to rent a movie or get on an airplane.

But neither of those examples is a right.

The governor was correct to veto the bill.

And voters should reject the amendment when it’s on the ballot next year.

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asb 1 year, 11 months ago

Normally I'm pretty hard on the NT for everything from horrific cartoons, bad proofing, and very conservative viewpoints, but they've done their homework and have clearly noted issues with this anti-Democrat movement and the State's constitution. Bravo NT. Registration is well defined in other parts of state election law and does not "allow" double registration. Any system can be defrauded, look at Florida, Chicago, Ohio, etc. But this "solution" is biased against a demographic clearly protected under the constitutions of Missouri and America. Bravo Governor Nixon, you've gone from a Holden one-timer to a certain two term respected-in-history Governor wiith a couple of well-aimed vetos and a workable compromise on the animal rights vs. corporate ag tussle. You have my vote next time.

tonto 1 year, 10 months ago

I know it's complicated, but that poster said it was well defined in state law and that's what the state constitution requires. Your proposed Missouri constitutional amentment would be unconstitutional and unenforceable under the federal constitution, and would probably fail under the terms of the federal HAVA. The News Tribune editor explained the problem pretty well in terms of the Missouri Constitution but left out the federal problems. There's no right way to do the wrong thing.

wow 1 year, 11 months ago

Registering to vote is fine, showing a photo ID at the voting site is fine, but that ID should be one of the many forms of legitimate ID's that the state(s) or US military already issues. A state Driver's License, US Military ID, Vet ID Card, School ID, etc, etc, should be proof enough of who a person is. The requirement being vetoed calls for everyone to get a special voters ID...other forms of ID would not be acceptable and again that's crazy and yes, the requirement does violate the Constitution and not just the state Constitution either!

Voting rights, employment rights, what next are we to revert back to separate drinking fountains, schools, places of worship or where a person can be served a meal or do business. I'm not being extreme because it does seem as if that type of atmosphere is being fostered. I say this because that is how the good ole days came to be in the first place. America's darkest days were derived from the result of American's voting and the misuse thereof....the sad thing is it wasn't that long ago and even worse it appears as if there are some who want to return to the early days of Plessy, Dred Scott etc, etc.

In the words of Gabriel Presser, a former slave who was convicted by a US Court/Jury and murdered by the same for fighting for his freedom. When he said "I have nothing more to offer than George Washington would have to offer, had he been taken by the British officers and put to trial. I have ventured my life endeavoring to obtain the liberty of my countrymen and am a willing sacrifice to their cause, and I beg as a favor that I may be immediately led to execution. I know that you have predetermined to shed my blood, why then all this mockery of a trail or the issuance of justice"? That statement summarized a large part of America/Americans then and regretfully summarizes a large part of America/Americans today!

People wake up.....

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