Joshua Peters, The Missouri Attorney General, Intervenor/Respondent v. Rachel M. Johns

489 S.W.3d 262, 2016 WL 2997589, 2016 Mo. LEXIS 156
CourtSupreme Court of Missouri
DecidedMay 20, 2016
DocketSC95678
StatusPublished
Cited by18 cases

This text of 489 S.W.3d 262 (Joshua Peters, The Missouri Attorney General, Intervenor/Respondent v. Rachel M. Johns) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Joshua Peters, The Missouri Attorney General, Intervenor/Respondent v. Rachel M. Johns, 489 S.W.3d 262, 2016 WL 2997589, 2016 Mo. LEXIS 156 (Mo. 2016).

Opinions

Mary R. Russell, Judge

Article III, section 4 of the Missouri Constitution provides that a state representative must have been a “qualified voter” for two years prior to the day of the representative’s election, which necessarily means that the'representative must have been registered to vote during that time. In this appeal, Rachel Johns, a candidate for the office of state representative, challenges the “qualified voter” requirement as violating the First and Fourteenth Amendments of the federal constitution by penalizing her for engaging in protected speech, denying her access to the ballot,- burdening the voting rights of herself and other voters of District 76, and unjustifiably denying her the' equal protection of the law.

This Court finds that the “qualified voter” requirement is constitutional. Johns’ failure to register to vote does not constitute “symbolic speech” subject to First Amendment protection because it is not conduct that is inherently expressive. Nor does the requirement unjustifiably burden Johns’ right to run for office or the voting rights of Johns and the other voters in her district because it imposes only a de min-imis burden on those rights by temporarily delaying Johns’ ability to seek office and [266]*266the voters’ corresponding opportunity to vote for her. The “qualified voter” requirement is a state constitutional provision adopted by voters that serves the legitimate interests of requiring candidates to take certain minimal steps to demonstrate their seriousness about engaging in Missouri’s political, social, and civic processes. The judgment is affirmed.

I.Factual & Procedural Background

The facts in this case are undisputed. Rachel Johns seeks the Democratic party’s nomination for Missouri State Representative in the District 76.1 She filed a declaration of candidacy with the Missouri Secretary of State, in which she stated under oath, that she “will qualify” to hold the office of state representative pursuant to the Missouri Constitution’s requirements for that office.

Respondent Joshua Peters,2 another candidate for the Democratic party’s nomination for Missouri State Representative in the District 76, filed a petition pursuant to section 115.526, RSMo 2000, with the Circuit Court of the City of St. Louis seeking to disqualify Johns as a candidate and have her name removed from any official election 'ballot. Peters argued that Johns cannot meet the two-year durational voter registration requirement of article III, section 4 of the Missouri Constitution because she did not register to vote until February 4, 2015, which is less than two years before the general election date of November 8, 2016.

Although Johns agreed that she does not meet the two-year voter registration requirement, she argued that such requirement is constitutionally invalid-as applied to her. She contended the requirement, by temporarily disqualifying her from running for office, penalized her for engaging in an- act of political expression protected by the First Amendment to the United States Constitution as incorporated by the Fourteenth Amendment. Johns also argued that the requirement unconstitutionally burdened the voting’rights of herself and the voters of the District 76. The parties filed cross-motions for judgment on the pleadings. The circuit court determined that the voter registration requirement did not violate the- First or Fourteenth Amendments. Johns appeals.3

II.Standard of Review

The constitutional validity of a statute is a question of law subject to de novo review. Geier v. Mo. Ethics Comm’n, 474 S.W.3d 560, 564 (Mo. banc 2015). Similarly, the validity of a provision of the Missouri Constitution is also a question of law Subject to de novó review. See Brown v. Carnahan, 370 S.W.3d 637, 647 (Mo. banc 2012) (constitutional provisions are subject to the same interpretive rules as other laws).

III.Analysis

A. A “Qualified Voter” in Article III, Section I is a Registered Voter

The issue on appeal is whether the durational voter registration requirement of article III, section 4 violates the constitutional rights of Johns and the vot[267]*267ers of District 76.4 Before turning to the constitutional issues, the Court must first address the meaning of the term “qualified voter” in the challenged provision. Article III, section 4 of the Missouri Constitution, titled “Qualifications of representatives,” states:

Each representative shall be twenty-four years of age, and next before the day of his election shall have been a qualified voter for two years and a resident of the county or district which he is chosen to represent for one year, if such county or district shall have been so long established, and if not, then of the county or district from which the same shall have been taken.

(emphasis added). The ACLU argues that the term “qualified voter” should not be interpreted to mean a registered voter but, rather, any individual who possesses the constitutional qualifications to vote, even if unregistered.

To determine the meaning of the term “qualified voter” and its relationship to voter registration, a brief history of the Missouri Constitution is helpful. Under the 1875 constitution, the term “qualified voter” was used .in two ways. First, as with the provision at issue here, “qualified voter” was used to describe the qualifications to hold legislative and judicial offices.5 The second use of “qualified voter” was to describe who elected those and other officials.6 Under the 1875 constitution, those entitled to vote were, generally, “male citizenfs] of the United States” over the age of 21 years who had, prior to the election in which they wished to vote, resided in Missouri for one year and the relevant county, city, or town for 60 days. Mo, Const, art. VIII, sec. 2 (1875). Voter registration was not listed as a requirement because, at that time, registration was required for only the most populous areas. Mo. Const, art. VIII, sec. 5 (1875).

Accordingly, under the 1875 constitution, the term “qualified voter” would have included all those who could appear at the polls and vote on election day, and whether such persons were registered depended on where they lived. There can be no doubt, however, that where registration teas in place, the fact of being registered was considered a requirement to be a qualified voter. This much is clear from this Court’s decision in State ex rel. Woodson v. Brassfield:

While the registration law was in force, they only were qualified voters whose names were placed on the registration books. This was the final, qualifying act, and no matter if a citizen possessed [268]*268every other qualification, if not registered, he was not a qualified voter. It was not the right to register which constituted one a qualified voter, but the fact of being registered as such, was also essential. A qualified voter is one who by law, at an election, is entitled to vote. If, by the law, a person was not entitled to vote, whether in consequence of a disability which deprived him of the right to register, or of his neglect to register with a perfect right to do so, he was equally disqualified.

67 Mo. 331, 336-37 (Mo. 1878).

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Bluebook (online)
489 S.W.3d 262, 2016 WL 2997589, 2016 Mo. LEXIS 156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/joshua-peters-the-missouri-attorney-general-intervenorrespondent-v-mo-2016.