I. A State at a Crossroads
On a gray Wednesday morning in Jefferson City, the Missouri Supreme Court convened to hear arguments in two cases that could reshape the contours of voting rights in the state—and potentially set legal precedents that reverberate far beyond its borders.
Inside the stately courtroom, attorneys prepared to argue over a sweeping 2022 elections law known as House Bill 1878, a Republican-backed measure that imposed new rules on voter identification, registration efforts, and absentee ballot outreach. For nearly two years, the law has been fiercely contested by civil rights groups, election officials, and political leaders who say the legislation will determine who can participate in Missouri’s democratic process, and under what conditions.
By the time the justices took their seats, the audience included dozens of attorneys, activists, reporters, and concerned citizens—an unusually large turnout for a state court hearing. The stakes were clear: at a moment when voting rights remain one of the most contested issues in American politics, Missouri had become the latest battleground.
The court was scheduled to consider two major challenges:
Case 1: The Photo Identification Dispute
At issue was the constitutionality of Missouri’s requirement that voters present a government-issued photo ID at the polls. A lower court upheld the law last year, prompting an appeal from civil rights groups.
Case 2: Restrictions on Registration and Absentee Outreach
The second case concerned additional provisions of HB 1878 that:
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Ban compensating workers based on the number of voter registration applications collected
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Require registration workers to be Missouri residents 18 or older
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Criminalize certain efforts to solicit absentee ballot applications
A circuit court had ruled those provisions unconstitutional. Now, the state was urging the Missouri Supreme Court to reverse that decision.
Together, the cases represent one of the most consequential legal clashes over voting rules in the state’s recent history—an ideological, procedural, and constitutional struggle that could shape Missouri elections for decades.
II. The Legacy Behind the Photo ID Fight
Missouri’s political battles over voter identification did not begin in 2022. The conflict reaches back more than two decades, rooted in debates over election fraud, disenfranchisement, and the proper balance between access and security.
Beginning in the mid-2000s, a wave of Republican-led legislatures across the country passed voter ID laws as concerns—largely unfounded, according to most studies—circulated about the integrity of American elections.
Missouri was among the earliest states to act. In 2006, lawmakers passed a strict voter ID requirement, but the Missouri Supreme Court struck it down that same year, ruling that the state constitution protected the right to vote from undue burdens.
Subsequent attempts to pass a similar measure repeatedly stalled—until 2016, when Missouri voters approved a constitutional amendment granting lawmakers authority to enact photo ID rules. That amendment passed with 63% of the vote, signaling strong public support.
Still, implementation remained uneven. Lawsuits, legislative revisions, regulatory confusion, and changes in political power cycles delayed full enforcement.
HB 1878, passed by the legislature in 2022, represented the most comprehensive and restrictive ID system Missouri had introduced yet. Under the law, voters must present:
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A Missouri driver’s license
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A non-driver state ID
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A U.S. passport
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A military ID
Alternative forms—like student IDs, bank statements, utility bills, or voter registration cards—were no longer accepted.
The law also eliminated the option previously available to voters without photo ID to cast a regular ballot after signing an affidavit.
Civil rights groups immediately sued.
And now, after winding its way through the courts, the dispute had reached the state’s highest bench.
III. The Arguments Begin: “It’s the Obstacles, Not the Outcome”
When attorney Jason Orr of the ACLU of Missouri stepped before the justices, he acknowledged that the plaintiffs—Missouri voters who had challenged the law—had indeed managed to obtain the necessary identification and vote in recent elections. But, he argued, that fact did not resolve the constitutional problem.
“The burden we are challenging is not the inability to vote,” Orr said.
“It’s the difficulty in doing so. Courts examine the obstacles, not just the outcome.”
Orr emphasized that for some voters—especially the elderly, the poor, rural residents, those without transportation, and those with disabilities—obtaining a photo ID can be a labyrinth of logistical challenges. The process may require:
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Access to a birth certificate or passport
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Transportation to a licensing office
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Taking time off work
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Paying fees
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Navigating confusing bureaucratic requirements
For some, it can take weeks or even months.
Justice Mary Russell, one of the court’s more probing questioners, pressed Orr:
Did the plaintiffs actually fail to vote?
No, they had not.
But Orr insisted that their struggles still amounted to unconstitutional burdens.
He cited the Missouri Supreme Court’s own precedent, which has historically protected the right to vote from any form of “abridgment”, not merely outright denial.
Voting rights advocates argue that if even a small number of voters are deterred or discouraged, the constitutional threshold is violated.
The state, however, saw things differently.
IV. The State’s Response: “The Voters Already Decided This Issue”
Missouri Solicitor General Lou Capozzi, arguing for the state, countered that the law’s constitutionality had already been established by the voters themselves.
The 2016 constitutional amendment, he said, gave lawmakers explicit authority to require government-issued photo identification.
“The voters approved this with 63% support,” Capozzi told the court.
“Opponents argued then—as they argue now—that it was burdensome. But the people rejected those arguments.”
To Capozzi, the case was more than a disagreement over policy; it was a matter of respecting the democratic will.
He further argued that the plaintiffs lacked standing because, despite their complaints, they had not been prevented from voting under the new law.
Chief Justice W. Brent Powell seized this point with force.
If the plaintiffs lacked standing, he asked, how could the lower court’s decision upholding the constitutionality of the law stand at all?
It was a legal paradox:
If no one has standing to challenge the law, could the courts ever review it?
Capozzi attempted to reconcile the conflict by suggesting that plaintiffs must show actual disenfranchisement—not mere inconvenience—to bring a valid challenge.
Russell and Powell seemed skeptical.
The courtroom sensed tension as the justices weighed the philosophical divide between access and security—questions that have animated voting rights litigation nationwide.
V. Outside the Courtroom: “A Law Designed to Stifle Participation”
Following the hearing, Missouri NAACP President Nimrod Chapel Jr. spoke with reporters.
Chapel, who has spent decades fighting voting restrictions across the state, did not mince words:
“The idea that you would stifle and criminalize the ability of people to encourage others to vote—it astounds me. It’s shocking.”
For Chapel and other civil rights advocates, HB 1878 represents a sweeping effort to suppress voter participation under the guise of preventing fraud—a fraud that, they argue, is virtually nonexistent in Missouri.
He pointed to the law’s criminal penalties, which threaten volunteers, organizers, and civic groups with prosecution for offering help with absentee ballot applications or receiving compensation for voter registration efforts.
“This law chills voter outreach,” he said.
“It silences the very people trying to strengthen our democracy.”
Within minutes, his comments circulated through advocacy networks and civil society groups preparing to mobilize ahead of the next election cycle.
VI. The Second Case: Criminalizing Outreach and Reshaping the Rules
If the first case was about the right to vote, the second case was about the right to help others vote.
Here, the arguments turned even sharper.
Missouri Assistant Attorney General J. Michael Patton, representing the state, insisted that the challenged provisions of HB 1878 were essential to preventing fraud, manipulation, or undue influence.
“There must be substantial regulation if elections are to be fair and honest,” he said.
“The statutes are fundamental to guarding the democratic process.”
Patton argued that:
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Paying registration workers could incentivize misconduct
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Allowing non-residents to register voters could invite disorganization
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Permitting widespread absentee ballot outreach could create opportunities for coercion
But attorneys for the plaintiffs rejected these arguments outright.
Kristin Mulvey, also representing the ACLU of Missouri, argued passionately that the provisions target constitutionally protected political expression.
“These restrictions violate core political speech,” Mulvey said.
“They criminalize advocacy. They criminalize civic engagement.”
For Mulvey, the law does not protect elections—it suffocates them.
VII. Understanding HB 1878: The Most Restrictive Reform in Missouri’s Modern History
HB 1878 is not a single policy change; it is a comprehensive overhaul that touches almost every part of the electoral process.
Key Components of the Law
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Strict Photo ID Requirement
Voters must show government-issued photo ID to cast a ballot.
No affidavit alternative. -
Limitations on Voter Registration Drives
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Registration workers cannot be compensated per application
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Workers must be Missouri residents
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Workers must be at least 18 years old
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Absentee Ballot Restrictions
The law prohibits soliciting absentee ballot applications. -
Criminal Penalties
Violations can result in fines or prosecution. -
Ban on Ballot Drop Boxes
Local election authorities may not use drop boxes, limiting ballot return options. -
New Requirements for Election Observers
Including stricter rules for challengers and watchers.
VIII. National Context: Missouri as the New Front Line
Missouri’s battle mirrors national trends.
Since 2020, more than a dozen states—mostly Republican-controlled—have passed new voting restrictions centered on:
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Photo ID
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Absentee ballots
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Drop boxes
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Registration drives
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Address verification
At the same time, federal voting rights legislation has repeatedly stalled in Congress.
For voting rights advocates, the Missouri cases represent a crucial test:
If courts uphold these restrictions in Missouri, similar laws in other states could gain renewed legitimacy.
For Republicans, the legal fight is about reinforcing new electoral norms:
Stricter ID laws, tighter controls on absentee voting, and increased regulatory oversight of registration efforts.
IX. The Justices: What Their Questions Reveal
While the Missouri Supreme Court historically avoids overt political signaling, the justices’ questions may offer clues to their thinking.
Justice Mary Russell
Known for her meticulous and moderate approach, she appeared concerned about burdens imposed even on voters who ultimately succeeded in casting ballots.
Chief Justice Brent Powell
A Republican appointee, he nonetheless raised important questions about legal standing—a sign that the courts may not accept the state’s rigid interpretation.
Justice Robin Ransom
The first Black woman on the court, she has shown sensitivity to civil rights concerns in past cases.
Justice Zel Fischer
A conservative voice who has historically favored deference to legislative authority.
Justice Paul Wilson
A moderate whose votes often represent the court’s swing decision-making.
The ideological balance of the court is complex—and unpredictable.
X. What Happens If the Court Upholds the Law
If the Missouri Supreme Court affirms the lower court and upholds the strict photo ID requirement:
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Missouri will join the ranks of states with the most restrictive ID laws in the country.
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Voter turnout among marginalized communities could decline.
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Election officials will need to navigate new training and enforcement measures.
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Legal challenges may move to federal court, though standing remains a hurdle.
If the court reverses and strikes down the provisions on registration and absentee outreach:
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Civic organizations will regain greater freedom to register voters.
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Activist groups will resume widespread absentee outreach.
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The state legislature may attempt to rewrite the law in the next session.
XI. The Political Stakes: Missouri’s Next Elections Could Look Very Different
Missouri has shifted firmly red over the past decade, but its elections are still shaped by turnout—particularly in St. Louis, Kansas City, Springfield, and Columbia.
Restrictions that disproportionately affect:
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students
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elderly voters
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low-income voters
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rural voters
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voters of color
could tilt close races further toward Republican candidates.
Local officials across Missouri anticipate that turnout changes could reshape municipal elections, school board races, ballot initiatives, and congressional contests.
And both parties understand this.
XII. Voices From the Ground: Missourians React
While state officials and civil rights groups spar in Jefferson City, ordinary Missourians are grappling with what the law means for them.
Rural Elderly Voters
Have voiced concerns about traveling long distances to DMV offices.
College Students
Say the law penalizes them for living in dorms without Missouri IDs.
Disabled Voters
Fear the ID requirement will interfere with absentee voting.
Election Workers
Report confusion over the new rules and lack of training resources.
Civic Organizations
Argue the law criminalizes the very voter outreach they rely upon.
XIII. Missouri’s Place in the National Struggle
As other states—from Georgia to Arizona, Wisconsin to Texas—debate similar restrictions, Missouri has become a symbolic arena in America’s broader dispute over the meaning of voting rights.
To Republicans, HB 1878 protects elections from fraud, enhances confidence, and reflects the will of voters who approved the 2016 amendment.
To Democrats and civil rights advocates, the law embodies modern voter suppression—policies designed to discourage participation and constrict the electorate.
The Missouri Supreme Court now holds the authority to determine whether HB 1878 stands, falls, or evolves into something more nuanced.
Its decision will resonate not only in Jefferson City, but in courtrooms, legislatures, and civic organizations nationwide.
XIV. Conclusion: A Decision That Will Shape Democracy in Missouri
As the attorneys concluded their arguments and the justices retired to deliberate, one fact was clear: Missouri stands at a pivotal moment in its democratic history.
The court’s decisions in these cases will:
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Define who must show ID
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Determine how voters can register
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Clarify which outreach efforts are legal
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Influence future legislation
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Shape the political landscape for years
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Potentially serve as a model for other states
For now, the state—and the nation—awaits the Missouri Supreme Court’s ruling, knowing that whatever the outcome, it will set the tone for the next chapter in America’s long-running battle over ballot access, voter participation, and the fundamental right to vote.
Adrian Hawthorne is a celebrated author and dedicated archivist who finds inspiration in the hidden stories of the past. Educated at Oxford, he now works at the National Archives, where preserving history fuels his evocative writing. Balancing archival precision with creative storytelling, Adrian founded the Hawthorne Institute of Literary Arts to mentor emerging writers and honor the timeless art of narrative.