A lawsuit in Missouri that sought to require observers at voting sites has been thrown out by a judge.
St. Charles County Circuit Court Judge Dwayne Allen Johnson ruled that the legal action, which was presented as a complaint and a request for an emergency injunction, was actually a motion for a temporary restraining order. The motion was deficient and failed to satisfy the necessary requirements, the judge said, as he dismissed it without prejudice.
St. Charles County Republican Committeeman Travis Allen Heins had said in the Oct. 30 complaint that county officials were refusing to allow observers to watch the counting of ballots cast during early absentee voting.
State law allows the chair of the county committee of each political party listed on the ballot to designate a challenger, or observer, for each polling place. The observers may be present while ballots are being prepared for counting, and counted, under the law.
The statute also enables the political party committees to designate watchers, who can observe the votes being counted and present complaints of any irregularities to election judges.
Heins said the St. Charles County director of elections denied his attempt to be a challenger or watcher despite his meeting the qualifications listed in the law, and officials having started counting ballots.
“A watcher had nothing to watch until election day,” St. Charles County Director of Elections Kurt Bahr wrote in an email included in the complaint. He said during a radio appearance that early votes are already being counted.
Heins asked the court to issue an emergency injunction ensuring no early voting occurs without challengers and/or watchers being present.
St. Charles County is just outside St. Louis. It has about 420,000 residents.
Missouri is allowing no-excuse absentee voting for the first time in a presidential election. Prior to 2022, Missouri residents could cast absentee votes, but only if they provided an excuse. Officials across the state are reporting higher levels of early absentee voting than in years past.
“At the heart of the issue is that every in-person voting day needs be held with the same level of security & transparency as the next—whether it’s weeks-long voting or on election day,” Heins said. “I have not decided at this time whether to refile the case or not. It was dismissed on a procedural technicality, which is a fair ruling given the circumstance.”
Bahr said in a statement that he is happy voters “will not have to worry about their ability to vote during the absentee period.”
He also said: “Election challengers from both political parties will be present at several polling locations on election day as state law allows. We hope that the legislature can provide clarity on this issue during their next session.
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