League of Women Voters of Missouri v. State of Missouri

The League of Women Voters of Missouri (LWV Missouri), 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.

1. 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.

2. 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.

3. Registered Voter Requirement: HB 1878 requires every voter registration solicitor to be a registered voter in Missouri.

4. 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, LWV Missouri 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, LWV Missouri 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.

LWV Missouri 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.

The League is represented by the Campaign Legal Center, the American Civil Liberties Union (ACLU) of Missouri, and the Missouri Voter Protection Coalition in this lawsuit.