When a St. Louis City Board of Election judge confiscated Jennifer Florida’s sample ballots at a polling location on Nov. 4, the American Civil Liberties Union of Missouri immediately went to federal court to obtain a temporary restraining order, which was granted by Judge Rodney Sippel. The ACLU of Missouri had filed a civil rights action Friday on behalf of Jennifer Florida, candidate for St. Louis City Recorder of Deeds, to prevent such shenanigans.

Florida, a life-long Democrat, was appointed Recorder of Deeds for the City of St. Louis in July when the position became vacant. She decided to run for the position on the Nov. 4 ballot. Because the deadline to participate in the primary election had already passed, Florida is running as an independent Democrat and appears on the ballot as an independent.

Florida has campaigned as an “Independent Democrat” and her campaign materials and sample ballot list her as an “Independent Democrat.”

In a related state court action filed against Florida late last night, a Missouri Circuit Court judge granted the ACLU’s motion to dismiss.

“Candidates must be able to communicate freely, without the fear that government will collect and destroy their campaign materials,” explains Tony Rothert, legal director of the American Civil Liberties Union of Missouri. “Voters do not need, or expect, their government to vet every campaign slogan.”

“Our founders created the First Amendment because they knew for democracy to work, government should never be allowed to determine what is “appropriate” political speech. To do so, opens the door to a corrupt political system, where those in power decide what we can and cannot hear,” said Jeffrey Mittman, executive director of the ACLU of Missouri.