KCTribune: Phil Lindsey To Go To Trial in Voter ID Case

An Independence man, who was arrested while trying to vote in the August primary election, heads to trial Thursday. And his case has garnered interest from the American Civil Liberties Union.

Phil Lindsey, a known voting rights activist, was told by election judges he could not cast a vote because he did not submit a signature ID. However, Missouri election law does not require a signature or photo ID to vote.

Lindsey submitted two acceptable forms of voter ID under state law: a postcard notification from the election board bearing his name and address and a utility bill. When judges refused these, he produced a third acceptable ID under state law -- a bank statement. Acceptable Missouri ID's

Lindsey said judges continued to insist he show a signature ID if he wanted to vote, and did not offer him the opportunity to cast a provisional vote.

Election judges also could have allowed Lindsey to vote based upon the recognition clause. State election law permits a voter without acceptable ID to cast a ballot when two judges, one Democrat and one Republican, recognize the person.

When Lindsey continued to insist his ID was acceptable, as well as attempt to show judges a handout detailing acceptable forms of voter ID from the Secretary of State’s Office, he was requested instead to leave the premises. When Lindsey refused, a 911 call was made by election officials to the Independence Police Department.

Police charged Lindsey with disorderly conduct. He was handcuffed, detained, and had to post a $300 cash bond upon release. Lindsey said his attorney, Joseph O’Hara of Deluccie and O’Hara Law Office in Independence, has requested a copy of the 911 tape to hear in trial.

The American Civil Liberties Union of Kansas and Western Missouri also is investigating Lindsey’s case, said Executive Director Dan Winter.

“It’s a shame a citizen was denied the right to vote because of the ignorance of election officials or there was a training problem,” he said.

Charlene Davis, an election director at the Jackson County Election Board, said in an earlier interview that changes in state election law have contributed to confusion among polling judges as to what are acceptable forms of voter ID.

Under Missouri state election law, registered voters are no longer required to show a signature or photo ID to vote. The Missouri Supreme Court ruled the “photo voter ID” unconstitutional last year.

Winter said the ACLU is opposed to photo voter ID and have contacted JCEB to determine what type of training is now in place to prohibit this situation from happening again.

While Lindsey does possess a valid state driver's license, he said he refused to show it to judges because he was taking a stand for voters who may not have a photo or signature ID.

Lindsey said he believes the election board is attempting to permanently deny him his right to vote because of his voting activism. He is director of Showmethevote.org, an organization opposed to both electronic voting and implementing voter ID.

Lindsey said if a person is convicted of a felony or misdemeanor connected to the right of voting or suffrage, the election director could choose to revoke his right to vote.

“It makes me very nervous as to what Charlene Davis’ motives are,” he said.

Davis said Lindsey was offered five opportunities to cast a regular ballot at the JCEB office, following his arrest but refused to do so "on principle." Instead, he wanted to return to his polling place to vote but was forbidden by police to do so

Trial is set for 8:30 a.m. Thursday, Sept. 11, at the Independence Municipal Courthouse, 111 E. Maple Ave., in City Hall. Independence Prosecutor Mitch Langford will represent the JCEB. Municipal Court Judge Garry Helm will preside.