Four Missouri Supreme Court judges ruled Friday that Rachel Johns can't run this year for a state House seat in north St. Louis City because she didn't register to vote in time to qualify for this year's elections.
However, the other three judges would have allowed Johns to continue seeking voters' support in the Aug. 2 Democratic primary.
The primary winner is effectively the winner of a two-year House term because no candidates have filed from any other party to appear on the Nov. 8 election ballot.
Johns filed to challenge incumbent Joshua Peters, who first won the House seat in an April 2013 special election.
She moved to Missouri from Memphis, Tennessee, in August 2014 - the day after Michael Brown was killed after a confrontation with Ferguson police officer Darren Wilson.
However, she didn't register to vote until February 2015, arguing in both the St. Louis City Circuit Court and the Supreme Court that her lack of registration was a protest against a system that, she said, ignored the residents of Ferguson and other troubled areas.
However, Judge Mary R. Russell wrote for the four-judge majority, Article III, Section 4 of the Missouri Constitution, titled "Qualifications of representatives," is clear - each representative must be:
At least 24 years old.
A "qualified voter" for at least two years before the day of his or her election.
A resident of the county or district for at least one year before the election, unless the district is new.
In its "friend of the court" brief, the ACLU argued the term "qualified voter" should be understood to mean any individual who possesses the constitutional qualifications to vote, even if they haven't registered - and not be interpreted to mean a "registered voter."
However, Russell wrote, the ACLU's position is the opposite of the existing legal and historical view since 1865.
The state's current Constitution, in effect since 1945, says all United States citizens over the age of 18, who are residents of Missouri and of the political subdivision in which they seek to vote, "are entitled to vote at all elections (and), if the election is one for which registration is required, if they are registered within the time prescribed by law "
Russell added, "There is no indication that the drafters of the constitution intended the term 'qualified voter,' when used to describe the electorate, to mean something different from when it is used as a qualification to hold office.
"As a result, where the constitution uses the term 'qualified voter' as a requirement to hold political office, that term means registered voter."
Johns' attorney, Dave Roland, had argued the Missouri Constitution's provisions violate those of the U.S. Constitution, and being forced to wait two years to run for the state House violates Johns' rights and the right of the voters in that district to have a choice between Joshua Peters, the incumbent, and Johns.
In her dissenting opinion, Judge Laura Denvir Stith wrote: "I would hold that the two-year durational voter registration requirement is unconstitutional.
"I believe that it places a substantial burden on the (U.S. Constitution's) First and Fourteenth amendment rights of Ms. Johns and voters and is not narrowly-tailored to achieve the State's purported interest in promoting civic education and ensuring candidates who have an 'established stake' in their community."
Chief Justice Patricia Breckenridge and Judge Richard Teitelman agreed with Stith, while Judges Zel Fischer, George Draper and Paul Wilson agreed with Russell.
Roland told the News Tribune he was studying the court's Friday afternoon ruling.
He said Thursday, if the Missouri court disagreed with Johns' position, he would consider taking the case to the federal courts and the U.S. Supreme Court.