Missouri court permanently blocks key part of voter photo ID

Legal Events

The Missouri Supreme Court on Tuesday permanently blocked a central portion of a 2016 voter identification law that it said had required a “misleading” and “contradictory” sworn statement from people lacking a photo ID.

The 5-2 ruling upholds a decision by a lower court judge, who had blocked the affidavit requirement from being used in the 2018 general election. It had remained on hold since then.

Missouri is one of several states where Republican-led legislatures have passed voter photo ID laws touted as a means of preventing election fraud. In Missouri’s case, the state law was accompanied by a constitutional amendment, approved by 63% of voters in November 2016, that authorized the implementation of a photo ID law.

Voter photo ID laws have been opposed by Democrats, who contend they can disenfranchise poor, elderly, disabled and minority voters who are less likely to have photo IDs.

Missouri’s law allowed voters lacking a valid government-issued photo identification to cast a regular ballot if they presented another form of ID ? such as utility bill, bank statement or paycheck containing their name and address ? and signed a sworn statement affirming their identity. The sworn statement also included a section acknowledging that they didn’t have “a form of personal identification approved for voting” but were aware they could get a free ID card from the state.

The law said voters lacking a photo ID also could cast a provisional ballot, which would count if they later returned with a photo ID or their signatures matched the ones on file with election authorities.

The Supreme Court said the sworn statement was inaccurate because it required people to say they didn’t possess a valid form of identification for voting while simultaneously requiring them to show a non-photo identification that would allow them to vote.

“Although the State has an interest in combating voter fraud, requiring individuals ... to sign a contradictory, misleading affidavit is not a reasonable means to accomplish that goal,” Judge Mary Russell wrote in the majority opinion.

The Supreme Court also upheld the lower court’s decision to block the secretary of state’s office from disseminating any materials indicating that a photo ID is required to vote.

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USCIS Will Begin Accepting CW-1 Petitions for Fiscal Year 2019

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin accepting petitions under the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program subject to the fiscal year (FY) 2019 cap. Employers in the CNMI use the CW-1 program to employ foreign workers who are ineligible for other nonimmigrant worker categories. The cap for CW-1 visas for FY 2019 is 4,999.

For the FY 2019 cap, USCIS encourages employers to file a petition for a CW-1 nonimmigrant worker up to six months in advance of the proposed start date of employment and as early as possible within that timeframe. USCIS will reject a petition if it is filed more than six months in advance. An extension petition may request a start date of Oct. 1, 2018, even if that worker’s current status will not expire by that date.

Since USCIS expects to receive more petitions than the number of CW-1 visas available for FY 2019, USCIS may conduct a lottery to randomly select petitions and associated beneficiaries so that the cap is not exceeded. The lottery would give employers the fairest opportunity to request workers, particularly with the possibility of mail delays from the CNMI.

USCIS will count the total number of beneficiaries in the petitions received after 10 business days to determine if a lottery is needed. If the cap is met after those initial 10 days, a lottery may still need to be conducted with only the petitions received on the last day before the cap was met. USCIS will announce when the cap is met and whether a lottery has been conducted.

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