![]() Further, the circuit court did not err in enjoining the State from requiring individuals who vote under the non-photo identification option provided in section 115.427.2(1) to execute the affidavit or in enjoining it from disseminating materials indicating photo identification is required to vote." Russell wrote, "Because the affidavit requirement of sections 115.427.2(1) and 115.427.3 is misleading and contradictory, the circuit court’s judgment declaring the affidavit requirement unconstitutional is affirmed. Justices Wesley Brent Powell and Zel Fischer dissented. Wilson, Patricia Breckenridge, and Laura Denvir Stith. Justice Mary Rhodes Russell penned the court's opinion, which was joined by Chief Justice George Draper and Justices Paul C. ![]() The state supreme court heard oral arguments in the appeal in October 2019. ![]() This allowed Callahan's order to stand in advance of the November 6, 2018, election. On October 19, 2018, the state supreme court denied the request for a stay, but permitted the appeal to proceed. State officials appealed to the state supreme court, asking the court to stay Callahan's order. Callahan also ordered officials not to distribute any materials indicating that a photo ID is required to vote. Callahan found that the affidavit's language was "contradictory and misleading," requiring signers to "swear that they do not possess a form of personal identification approved for voting while simultaneously presenting to the election authority a form of personal identification that is approved." Callahan ordered officials to desist from executing the affidavit for voters presenting non-photo ID at the polls. On October 9, 2018, Richard Callahan, a state court judge, originally enjoined the affidavit provision. Consequently, voters in Missouri may present either photo or non-photo identification at the polls and cast regular ballots without signing affidavits. On January 14, 2020, the Missouri Supreme Court, in a 5-2 ruling, upheld a lower court's decision striking down a state law that required voters without photo ID to sign affidavits before voting.
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