ST. CHARLES COUNTY, Mo. — The St. Charles County elections director on Wednesday said that people will still be allowed to vote early after a lawsuit raised questions over the presence of poll challengers and watchers.
Missouri Secretary of State Jay Ashcroft confirmed that the polls would be open starting at 8:30 a.m. Thursday at the election authority's office and at 9 a.m. at the Element Church location.
Earlier Wednesday, Travis Heins, the District 7 committeeman for the St. Charles County Republican Central Committee, filed the suit against elections director Kurt Bahr, claiming he wasn't allowed to be a challenger or watcher during early voting at Element Church, a polling place in Wentzville.
In Missouri, challengers observe the voting process and have the right to question peoples' eligibility to vote, while watchers ensure the accuracy of ballot counting. Other states have varying rules on their exact responsibilities.
Heins claimed he was denied by Bahr, who told him watchers are only for "counting" of ballots, which doesn't happen until election night.
Heins said that Bahr stated during an interview on the radio show "Mike Ferguson in the Morning" that ballot counting was already underway.
"When you vote early, your ballot when it goes into that tabulator, it's being counted," Bahr said during the broadcast.
Bahr said the words counting and tabulation are often used interchangeably.
"The ballot counters at a polling location do record or count a voter's ballot. The actual tabulation of an election happens election night at the election authority office. That is when the totals are counted for the entire election.
"For simplicity, when speaking to a large group, it is convenient to just use the word counting for both steps," Bahr said.
Bahr said he had no issue with Heins being present at the St. Charles County Election Authority on Nov. 5. Bahr told 5 On Your Side Heins is going to be a watcher on Election Day.
"The overall issue isn’t about having challengers or watchers on Election Day, we have about 25 or so challengers from Republicans, five on Democrats. I signed off on that, no problem. The problem is if they can be present during absentee voting period or not. Our long held position is since the law says 'on Election Day,' this is an Election Day-only position," Bahr added.
Judge Matthew Thornhill issued a temporary injunction in response to the lawsuit. A hearing on the order was scheduled for 9 a.m. Friday.
On Thursday, one judge recused himself from the case and a new judge entered.
The parties will argue before Judge Dwayne Allen Johnson and learn next steps.
On Thursday afternoon, Heins spoke to 5 On Your Side.
Heins said, "What this is about is having challengers and watchers during early voting for all parties. I'm hearing it’s being allowed in other parts of the state and why are we being denied when there is large early voting in St. Charles County?"
He said that he didn't want to shut down a polling place but it's about viewing the ballots.
Based on the advice of the county's legal counsel, Bahr said the doors will remain open at both early voting locations: the church and the election authority in St. Peters.
Bahr explained he welcomes any outcome from the courts on Friday morning.
If a judge rules that the law needs to be expanded, Bahr said he would comply by allowing Heins. However, Bahr said he would also reach out to the Democratic Party to see if they wanted to be included as well.