ST. CHARLES, Mo. (KMOX) - Poll watcher will continue to be barred from observing the early voting process in St. Charles County after a lawsuit was dismissed over procedural issues.
On Wednesday a lawsuit filed by Travis Heins, a Republican committeeman representing District 7 in St. Charles County, alleged Kurt Bahr, St. Charles County Director of Elections prevented him from being a watcher or challenger.
Heins argued challengers and watchers, according to state law, have the right to be in polling places whenever in person absentee ballots are being prepared for counting, or counted.
On Friday, the case was dismissed by Judge Dwayne Johnson because it did not rise to the level of temporary restraining order.
St. Charles County Counselor, Rory O' Sullivan through a statement from St. Charles Communications Director Kevin Killeen says "they would had have to show immediate harm that without these poll watchers, there would have been some sort of damage done that was evident and it didn't rise to that level."
Heinz would not say whether or not he would re file this case, but he said it was under consideration.
"You have several counties in Missouri that are already doing challengers and watchers," said Heinz. "We should not deny the people in St. Charles County the right to have the same level of security with our elections."
Bahr addressed the lawsuit to KMOX's Sean Malone Thursday before the decision and said that he had no personal opposition to poll watchers observing the early voting process, but ultimately his hands were tied.
"I still don't see that the law allows for this early voting period," said Bahr to KMOX. "I think it should be updated to allow for it, but I don't know if I have the legal right to do that."
Despite the lawsuit, early no-excuse voting in St. Charles County continued Thursday. St. Charles County this week added an additional day of early voting at Element Church in Wentzville, Missouri amidst surge in early voting. Along that they also added a shuttle bus stop five minutes away from from the Election Authority office.
St. Charles voters can head to the Election Authority Office and Element Church to ahead of election day. Both locations are opened on Friday, Nov. 1 and Monday, Nov. 4, while the Election Authority Office will let voters vote on Saturday, Nov. 2 from 8:30 a.m. to 4:30 p.m.
Curbside voting is available only at the Election Authority Office.