Missouri lawmakers back voter photo ID, looser gun laws

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Published September 15, 2016 12:30AM (EDT)

JEFFERON CITY, Mo. (AP) — Missouri's Republican-led Legislature used its supermajority Wednesday to override a gubernatorial veto of a voter photo ID requirement, then took the first step toward enacting a measure that would significantly relax the state's gun laws.

The elections law change would require people to show a government-issued photo ID at the polls starting in 2017, if voters also approve a proposed constitutional amendment on the November ballot. The sweeping guns legislation would allow most adults to carry concealed weapons without needing a permit while also expanding people's right to defend themselves both in public and private places.

Both measures passed earlier this year with enough support for lawmakers to overturn Democratic Gov. Jay Nixon if they stick to their original votes.

The House voted 115-41 Wednesday to override the photo ID veto. Then after about two hours of debate, Senate Republicans used a procedural motion to shut off Democratic discussion and complete the veto override on a 24-7 vote. Both votes exceeded the required two-thirds majority.

Although no Democrats backed the override, one independent state representative joined all 114 House Republicans and all 24 GOP senators in voting for the photo ID bill.

After an additional hour and a half of debate on the guns legislation, senators again voted along party lines to shut off discussion and override Nixon on a 24-6 vote. A final House vote is needed to complete the override.

The Republican supermajorities meant lawmakers had a good shot of adding to Nixon's record as the most overridden governor in Missouri history, a distinction made possible by an era of extreme political division in the Capitol. Heading into Wednesday, lawmakers had overridden Nixon on 83 bills and budget expenditures over his two terms in office — nearly four times more overrides than the combined total for all other governors dating back to 1820 when Missouri was still a territory.

Nixon vetoed about two dozen measures this year, including ones already overridden this spring blocking pay raises for home-care workers and changing the state's school funding requirements.

During debate Wednesday, sponsoring Republican Rep. Justin Alferman argued that the photo ID requirement would "protect our elections against fraud."

Democratic Rep. Stacey Newman countered: "This bill is voter fraud on its face."

Missouri's photo ID measure was opposed by the state NAACP, AARP and other advocates for minorities and the elderly. In a letter explaining his veto, Nixon said the measure would "disproportionately" impact senior citizens, people with disabilities and others who have been lawfully voting but don't have the government-issued photo ID required under the bill.

But the Missouri measure contains several exceptions that supporters hope will help it fare better in prospective court challenges than photo ID laws in some other states. If Missouri voters swear they don't have photo IDs, they would still be allowed to vote by showing other forms of identification. The bill also requires the state to pay for photo IDs for those lacking them, as well as for any underlying documents such as birth certificates and marriage licenses needed to get a state identification card. And if the state budget doesn't include money for such costs, the ID requirement would not take effect.

Even then, the requirements wouldn't take effect unless voters this November approve a proposed constitutional amendment, which is needed because the Missouri Supreme Court struck down a previous photo ID law in 2006 as unconstitutional.

After voting on the photo ID bill, senators immediately took up the guns legislation. If that veto is overridden, Missouri would join 10 other states with laws that allow most people to carry concealed guns even if they haven't gone through the training required for permits, according to the National Rifle Association.

The measure, described by supporters as "constitutional carry," would allow people to carry hidden guns anywhere they can currently carry weapons openly, effective Jan. 1. People who choose to still get a concealed-carry permit could potentially carry their weapons into places off-limits to others and could take them to states with reciprocal agreements.

The legislation also would create a "stand-your-ground" right, meaning people don't have a duty to retreat from danger any place they are legally entitled to be present. The NRA says 30 states have laws or court precedents stating people have no duty to retreat from a threat anywhere they are lawfully present. But Missouri's measure would make it the first new "stand-your-ground" state since 2011.

It also would expand the "castle doctrine" by allowing invited guests such as baby sitters to use deadly force if confronted in homes.

"The basis of this whole bill is that it allows law-abiding citizens to protect themselves and their families," Republican sponsor Sen. Brian Munzlinger said.

Democrats cited concerns that enacting the legislation could put racial minorities at a greater risk of being fatally shot.

"We expect our law enforcement to use more pause than what we're requiring of people now in this law," Democratic Sen. Kiki Curls said, referring to the self-defense provisions. "It's really scary."


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