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Write In Case Cover Up By Corrupt City of Springfield MO

 

IN THEMISSOURI COURT OF APPEALSSOUTHERN DISTRICT  RESPONSE AND OPPOSITION TO DEFENDANT, REPONDENT BRENDA CIRTIN’S AND THE CITY OF SPRINGFIELD OBJECTUION TO EXHIBITSAND APPELLANT REED REQUEST THE APPEAL COURT REVIEW  

            COMES NOW Appellant in the opposition of City Clerk Brenda Cirtin and the

 

Legal Council.  The extreme circumstances of free and open and legal elections should

 

allow this motion explaining to the Appeals Court and the Judges  the reasons the

 

exhibits were submitted and why the City should not have objected.

 

Appellant Reed ask for the inclusion of letters totaling 40 of the States

 

County Clerks of which all say State Law prevails over any local city no matter what

 

charter.  The City Legal team is paid for by the taxpayers and is supposed  to make

 

rulings in favor of the rights of the citizens. 

 

            Appellant Reed has made much sacrifice and spent many monetary funds trying

 

to make sure the election process in Missouri is free, open, and legal.  In effect

 

Appellant Reed is standing up for and seeking justice in making sure over 100,000 people

 

in Springfield, Missouri have free and open and legal elections. 

 

            Appellant Reed point out that this case has went on for a year and a half and part

 

of the reason the city did not likely want Reed to run for mayor was that the Federal Case

 

Case No. 05-3133-CV-S-SWH “Reed arrested for handing out Draft Claire flyer at

 

Jackson Days” may have came to light”.  Also Appellant Reed has felt the City may try

 

to silent Reed with action of termination.  Clearly Appellant Reed has had city employees

 

tell him that the city makes  make fun of Reed and say that Reed is a joke.  The person

 

said the Cities law department participated in saying Reed was quite the joke..  Though

 

not likely to kill Reed completely  discrediting him is a way to silence someone.  The

 

City Clerk has refused to send e-mail information to City Council members concerning

 

this case and that falls under a cover up.  The Appeals Court needs to know that nearly 40

 

of the 118 county clerks say they allow write in candidates because it is state law.  Seeing

 

the letters in writing would be more powerful.  Eventually the people of Missouri will

 

learn of this case.  The City is not a legal entity under State Law as long as it remains at

 

odds with State Election Law and those whom have been and will be elected in an illegal

 

election.  Appellant Reed knows the truth hurts but it will be the best thing to admit

 

things are not correct rather than try to cover up.  Appellant Reed plans to mail a copy of

 

this motion to the Department of Justice it is time for the government to enforce all the

 

laws on the books or none at all.

 

            In its Objection To Exhibits Brenda Cirtin says that exhibit one does not relate to

 

Charter Home Rule Cities.  Appellant Reed points out that the first batch are the ones the

 

city has opposed.  The clerk said Appellant Reed could turn in more.  In the second batch

 

which is one to twenty seven. 

 

            From the second batch which the city did not see and are hereby resubmitted

 

because this is a PUBLIC ISSUE and the APPEALS COURT must consider whether

 

State Election Law and possible Federal Civil Rights Violation are and have occurred. 

 

For that reason and that Appellant Reed has spent many hours collecting the exhibits and

 

Appellant Reed ask for leniency in Court Proceedings since his funds are limited unlike

 

the City of Springfield Law Department.

             Dade County Clerk Larry McGuire on September 12 

 included General Election results for April, 2007 and Missouri Revised Statutes Chapter

 115 Election Authorities and Conduct of Elections Section 115.453 

Letter from Susan Littleton Chariton County Commission says:  Write-

 

in votes will also be counted for any candidate for election to office who has filed a

 

declaration of intent to be a write-in candidate within the time requirement for that

 

election even with candidate filings for that position.  These rules are set out in the

 

Missouri Election Laws and do regulate city elections also.  I hope I have answered your

 

questions September 8, 2008.

 

            Letter from Dallas County Clerk Pam Louderbaugh says in response to: As

 

County Clerk you allow write in candidates for all municipal elections and you do so 

 because why?  Is it because State Law says so?  YES Ms. Louderbaugh 

All cities do not mention in their city codes or charter that write ins are allowed correct? 

 

That is because State Election Law Supersedes all election laws?  YES Ms. Louderbaugh

 

Ms. Louderbaugh also mailed on September 15 the Municipal General Election Results

 

that show in Ward Three of the City of Buffalo a write in candidate won.

 

            Letter from DeKalb County Clerk Mary Berry (dekalb@sos.mo.gov) dated

 9/16/08 10:01 am which states:  “Steven Please go to the Missouri Secretary of State’s

website and read election laws 115.469 and 115.471.  These tell of write-in procedures.  I

 

hope reading these laws will answer your questions Mary Berry”

 

            Letter from Debbie Door Franklin County Clerk dated 9/15/08 3:36pm which

states:  Steve: First, let me apologize for not getting back to you sooner.  Our e-mail addresses have changed, so the address that you sent it to went to someone who was on vacation.  It was forwarded to our election division on Sept. 9th, but we were at a conference, so today is when I finally received it. After reviewing chapter 115 of the Missouri Revised Statutes, I hope this may help you.  I do believe that write-in candidates are allowed in all municipal elections. Your answer A. “Not enough candidates may sign up leaving a vacancy for office, so write-ins are needed to make sure someone is elected.”  Although I am not sure, if no one is elected, then there may be provisions in the municipal laws allowing appointments to be made.  I do think that may vary from municipality to municipality.  For example, if a County position were not filled, then Governor could make an appointment until another election would be held to fill the position, so I would think that the Mayor or County Executive may have similar ordinances to till a position. 
Answer B: This could also be a reason for a write in, but I believe, according to Chapter 115.453, the candidate would have to file as a “write in” candidate no later than 5:00 p.m. the 2nd Friday prior to election day. Answer C:  Chapter 115 deals with all election laws.   I have been told that since the around 1978, all municipal, school and other entities have given the County the authority to hold elections for them.  Therefore, all State laws would apply.Answer D:  I am not an expert on municipal codes. I did check with a couple of local municipalities regarding if they have ordinances governing write-in candidates.  They told me that they do have ordinances that deal with write in candidates or how vacancies are handled.  Again, they would generally follow the state law.  I would suppose, but again, I’m not 100% sure, that if there are no ordinances, they would probably defer to the County Clerk in their jurisdiction to see how Missouri Chapter 115  or how their state would handle the situation.I hope this helps you and again, I apologize for the delay in getting this information back to you.  I do have a question for you.  Are there any particular candidates or races that you would like to have results for in the municipal elections of April 2007-08?  If we sent all of the results, it would be several hundred pages of information.  Would you want the total result page only?  This would give you a breakdown of the candidates and issues with their total votes, but it is not broken down by precinct.  Are you looking for something particular?  In election summary for
4/3/2007 Municipal election it showed heavy write in voting.  I Berger Ward 2 a Write –In Candidate won.Debbie  Door Franklin County Clerk
(636)583-6355
(636)583-7320  Fax

Letter from Lesa Lietzow County Clerk Gasconade County dated September 12, 2008.

April 8, 2008 election results show all Cities allow write-in candidates.  Also I have a few questions I ask you to answer?  Are write in candidates allowed in all municipal elections because:

As per Chapter 115.454 RSMO Lesa Lietzow             Letter form Hickory County Clerk Jeanne Lindsey states:   Also I have a few questions I ask you to answer?  Are write in candidates allowed in all municipal elections?  Election Laws are found in Chapter 115 RSMO A.  Not enough candidates may sign up leaving vacancies for offices so write ins are needed to make sure someone is elected?  Write ins are allowed by election laws 

C.  As County Clerk you allow write in candidates for all municipal election and you do so because why?  Is it because State Election Law says so?  See 115.453 (4) (5) (6)

           

D.  All cities do not mention in their city codes or charter that write ins are allowed correct?  That is because state law supersedes all election laws?  ALL elections are conducted according to STATE election laws. 

            Every City and Town allows write ins – Wheatland, Hermitage, etc.  In Preston 4-8-08 Municipal Election Lyle Holeman got 15 votes as a write in to the winner Buddy Irvine with 22 votes.

 

            Letter from Kathy J. Kunkel County Clerk states in a letter of September 17, 2008:

 

I follow the requirements of the Revised Statutes of the State of Missouri Chapter 115 (Election Laws) and the related Code of State Regulations designed to implement elections in Missouri.  Should you have further questions, I would direct you to the Secretary of State of Missouri, Elections Division at 1-800-669-8683.  The SOS is the highest election authority in Missouri and should be able to answer your questions or concerns.  Please find enclosed 2007 and 2008 Election results for Holt County.

 

All cities allow write-ins.  In Maitland for Mayor a write in candidate received 20 votes

 

to winner Mark Russells 28.  Craig South Alderman was won by a write in candidate.

           

            Letter form Robert J. Ravenscraft County Clerk Marion County staes that

 I have a few questions I ask you to answer? Are write in candidates allowed in all municipal elections because:

A. Not enough candidates may sign up leaving vacancies for offices so write ins are needed to make sure someone is elected?  YES

B. If someone would resign, or drop out of a race, or die---having write ins would allow others to run?  YES

C. As
County Clerk you allow write in candidates for all municipal elections and you do so because why? Is it because State Election Law Says so? If they file as a write-in by two Fridays before an election.

D. All cities do not mention in their city codes or charter that write ins are allowed for the General Election correct? That is because state law supersedes all election laws.I don’t know what all cities do, but state statutes do trump over lower jurisdiction laws.
 

All cities and towns allow write-ins.

 

            Letter from 11 Donal E. Firebaugh Madison County Clerk mailed on September 11,

 

2008 included:

 

http://www.sos.mo.gov/elections/writein.asp

 

Write-In Candidates

A "write-in candidate" is a person:
  • whose name is not printed on the ballot (see 115.453(4,5,6) RSMo); and
  • who has filed a declaration of intent to be a write-in candidate for election to office with the proper election authority prior to 5:00 p.m. on the second Friday immediately preceding the election day. It is not necessary to file a declaration of intent if there are no candidates on the ballot for that office. (see 115.453 (4) RSMo)
Frequently asked questions on write-in candidatesCan a write-in candidate be on a primary election ballot?No. (Section 115.453 (5) RSMo)If a candidate runs in a primary election and loses, can the person run in the general election for the same office?No.  If a candidate files for nomination to an office and is not nominated at a primary election, that candidate cannot file a declaration of intent to be a write-in candidate for the same office at the general election. (Section 115.453(4) RSMo)Are write-in candidates posted at the polling place?No. The election authority shall furnish a list to the election judges and counting teams prior to Election Day of all write-in candidates who have filed a declaration of intent. (Section 115.453(4) RSMo)Are write-in votes counted for every name that is written in?No. If a candidate is on the ballot for an office, write-in votes are counted only for the candidates who have filed a declaration of intent to be a write-in candidate with the proper election authority.  (Section 115.453(4), first sentence) If no candidate is on the ballot for an office, it is not required to file a declaration of intent and votes are counted for every name properly written in. (Section 115.453(4) RSMo, last sentence)What if the voter casts a vote for a candidate on the ballot and properly writes in the name of someone for the same office?In this case, no candidate for the office shall be counted as this is considered an over vote.  If cross (X) marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for. (Section 115.453.2) Can a person file as a write-in candidate for United States President?Yes.  When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled. At least one qualified resident of each congressional district shall be nominated as presidential elector. Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399 RSMo . Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths. (Section 115.453 (6) RSMo)Also election results showing 4-8-08 Municipal Elections all cities and towns allow and print on ballot write-ins.            Letter form: Anita E. Groepper County Clerk Moniteau County stated:  A. Not enough candidates may sign up leaving vacancies for offices so write ins are needed to make sure someone is elected?  YES

B. If someone would resign, or drop out of a race, or die---having write ins would allow others to run?  YES
C. As County Clerk you allow write in candidates for all municipal elections and you do so because why?  Is it because State Election Law Says so?  YES UNDERLINED

D. All cities do not mention in their city codes or charter that write ins are allowed for the General Election correct?  That is because state law supersedes all election laws.  YES UNDERLINED
April 3, 2007 Election results show all cities and towns allow write-in candidates.            Letter from Sandra Frances County Clerk of Monroe County said on September 11,2008:            To be counted as a write-in candidate, a declaration of intent to be a candidate for election to office would have to be filed with the proper filling office of the write-in candidate (which in the county would be me the county clerk) prior to 5:00pm. On the Friday immediately preceding the election day. C. As County Clerk you allow write in candidates for all municipal elections and you do so because why?   YES

A copy of the April 8, 2008 election results shows all cities and towns allow write ins such as Paris, Madison etc.

 

            Letter from Rhonda Brewer Maries County Clerk sent on September 15, 2008

said:

 C. As County Clerk you allow write in candidates for all municipal elections and you do so because why?   YES 

Election results sent of April 8, 2008 say the Ozark Central Ambulance Service was won by a Write In Candidate with 255 Votes to James Pendleton with 52 and Virginia K. Wortman with 75.  All cites and towns allow write ins.

 

            Exhibit #15 Kelley Maddox Ozark County Clerk sent on September 11 the

 

following:

 

As County Clerk, if a person request to be a write-in candidate, I give them a form to complete which is a “Declaration of Intent Write In Candidate which I have enclosed a copy of.  Form enclosed.

 

A write in candidate for G’ville East Ward Alderman won with 17 votes.  All cities and towns allow write-ins.

            Letter from Clement Cravens New Madrid County Clerksaid in a letter dated September 16, 2008

 

Mr. Reed:

Write-ins lines are required on municipal election ballots pursuant to state election laws.

 

April 8, 2008 election returns show all cities and towns allow write-ins and The City of

 

Marston had 25 votes for a write in for Alderman North 22%.

 

            Letter from Janet Adams Washington County said on September 12, 2008:

 C. As County Clerk you allow write in candidates for all municipal elections and you do so because why?   YES 

All cities and towns allow write ins.  The Caledonia Fire Protection was won by a write in candidate 32 as was Richmond Fire District with 26 votes.

 

            Letter from Barbara Daly County Clerk of Warren County said on September 12:

 

I am enclosing a copy of the statutes RSMO 115.453 for your review concerning write ins. 

 

All cities and towns allow write ins and David Watts won as a write in for City of Wright

 

Alderman Ward 1 with 52 votes.  Paul Mueller got 24 votes and William Schaffer got

 

17 votes.

             Letter from Joplin  

RE: Sunshine Request‏

From:   Head, Brian (BHead@Joplinmo.org)

Sent:    Fri 9/19/08 3:02 PM

To:       steven reed (stevenlloydreed@hotmail.com)

 

My guess is that the reason write-ins are allowed is to further broaden the ability of individuals to participate in the election process.  Additionally, the comprehensive election laws I think could be understood to provide substantially the same process throughout jurisdictions across the state.  I would say that to the extent that we allow write-in’s it is because they are provided for in state law.  However, I doubt that there has been a conscious decision one way or the other by cities when drafting charters.  This is simply a personal opinion and not a legal one.

 

-Brian

  

NOTE: The Missouri Bar Disciplinary Counsel requires all Missouri lawyers to notify all recipients of e-mail that (1) e-mail communication is not a secure method of communication, (2) any e-mail that is sent to you or by you may be copied and held by various computers it passes through as it goes from me to you or vice versa, (3) persons not participating in our communication may intercept our communications by improperly accessing your computer or my computer or even some computer unconnected to either of us which the e-mail passed through. I am communicating to you via e-mail because you have consented to receive communications via this medium. If you change your mind and want future communications to be sent in a different fashion, please let me know AT ONCE.   "There are lies, damn lies, and then there are statistics." -Mark Twain

 

From: steven reed [mailto:stevenlloydreed@hotmail.com]

Sent: Friday, September 19, 2008 2:40 PM

To: Head, Brian; stevenlloydreed@hotmail.com

Subject: RE: Sunshine Request

 

Dear Brian:

 

I agree that the Secretary of State should be able to answer the questions.  The main issue I ask is that your City and virtually all cities do not mention write in candidates in their Charters but they allow write in candidates because state law provides for them.  I just mainly wanted to know if that is you see it?  Clearly I believe that write in candidates are needed and we need more people to run and vote for rather than less.

 

Thanks

 

Subject: RE: Sunshine Request

Date: Fri, 19 Sep 2008 13:38:05 -0500

From: BHead@Joplinmo.org

To: stevenlloydreed@hotmail.com

CC: BHogelin@Joplinmo.org

 

Just to clarify, I haven’t asked you why you want the information, as you rightly point out it doesn’t matter.  I absolutely agree with you that the conduct of free and open elections is critical to maintain the liberty that we enjoy and that the rules, regulation and documents associated with those items are necessarily subject to the sunshine law.

 

Most of your questions relate to why the law is as it is.  Truthfully, I don’t know and neither does Ms. Hogelin.  Unfortunately, Missouri does not have an official “legislative history” that tells us why a particular bill or provision of the statutes was passed.  Nor does the City have a great deal of legislative history surrounding provisions of the charter explaining why a particular provision, written more than 50 years ago, is as it is.  Any opinion you would receive as to “why” would simply be the opinion of that person.  Additionally, as I’ve stated previously, I have not researched many of the questions concerning how this process of write-in candidacy works precisely and do not have ready answers for you.  If I knew with certainty I would be happy to relate that information to

you.  I still believe that your best source of information on write-in candidacy would be the Missouri Secretary of State.  They deal with jurisdictions all over the state and I’m confident that they will have someone on staff that can probably answer the majority of your questions without hesitation.

 

-Brian

 

From: steven reed [mailto:stevenlloydreed@hotmail.com]

Sent: Friday, September 19, 2008 12:05 PM

To: Head, Brian; stevenlloydreed@hotmail.com

Cc: Hogelin, Barbara

Subject: RE: Sunshine Request

 

Dear Brian Head City Attorney:

 

            Thanks for responding.  I respect your comments and opinion.  But, I want to say that I consider any issues concerning elections to be public open sunshine concerns.

 

            Free and Open Elections is what taxpayer money is spent on, or at least that is the way it is supposed to be.  An Open Election and Democracy are the reasons the USA has claimed to fought every war in its history and clearly it is supposed to be the Main Pillar which our nation rests on.

 

            So yes I feel that when the people i.e. citizens ask about an election issue those who are paid by the taxpayers should jump and answer without asking why do you want that information or why do you question that?

 

Thanks and have a good weekend.

 

Sincerely,

Steven Reed

  

Subject: RE: Sunshine Request

Date: Thu, 18 Sep 2008 15:12:00 -0500

From: BHead@Joplinmo.org

To: stevenlloydreed@hotmail.com

CC: BHogelin@Joplinmo.org

 

Mr. Reed, the questions you have posed are not actually a sunshine law request, you really are asking for either legal opinions or policy opinions regarding the status of right-in candidacy.  The conduct of elections is governed by the state statute, not by the city ordinances and/or charter.  All requirements that the city has regarding elections are consistent with and in harmony with the state statutes and Constitutional provisions governing these activities.  I have not had the opportunity to research at length the utilization of write-in candidates in a municipal election and accordingly do not have answers to the questions you have posed readily available.  I would recommend that you talk with the Office of the Missouri Secretary of State and or an attorney of your choosing who can do the legal research that you desire.

 

Thank you.

 

-Brian W. Head, City Attorney

 

From: Hogelin, Barbara

Sent: Thursday, September 18, 2008 11:10 AM

To: Head, Brian

Subject: FW: Sunshine Request

 

From: steven reed [mailto:stevenlloydreed@hotmail.com]

Sent: Wednesday, September 17, 2008 12:08 PM

To: Hogelin, Barbara

Subject: RE: Sunshine Request

 

Dear Barbara Hogelin: 

I have not received any response.  Please send a response as soon as possible.

Thanks

Steven Reed

 

From: stevenlloydreed@hotmail.com

To: bhogelin@joplinmo.org; stevenlloydreed@hotmail.com

Subject: Re: Sunshine Request

Date: Sat, 13 Sep 2008 17:44:26 -0500

 

September 13, 2008

Dear Honorable Barbara Hogelin,

City Clerk of Joplin

Dear Ms. Thompson:

Also, I have a few questions I ask you to answer?  Are write in candidates allowed in all municipal elections because:

A.  Not enough candidates may sign up leaving vacancies for offices so write ins are needed to make sure someone is elected?

B.  If someone would resign, or drop out of a race, or die---having write ins would allow others to run?

C.  As Clerk you allow write in candidates for all municipal elections and you do so because why?  Is it because State Election Law Says so?

D.  All cities do not mention in their city codes or charter that write ins are allowed for the General Election correct?  That is because state law supersedes all election laws.

 

Please respond as soon as possible.  Any help will be appreciated.

Thanks for your service to the people and keep up the good work.

Steven L. Reed

             St. Louis County WRITE-IN POLICY “Declaration of Intent” Pursuant to Section 115.453(4) RSMo, write-in votes will be counted for candidates for election to offices who have filed a “Declaration of Intent” to be a write-in candidate with the proper election authority before 5:00 pm on the second Friday immediately preceding the election day. In the event there is an office in which there is no filed candidate, or the number of candidates is less than the number to be elected, on the ballot, it is not necessary to file a “Declaration of Intent” to be a write-in candidate. Use of Stickers Pursuant to section 115.439.5 RSMo, “the election authority may authorize the use of a sticker or other item containing a write-in candidate’s name, in lieu of a handwritten name”. A write-in candidate who wishes to use stickers must contact the St. Louis County Board of Elections for an authorization. If a candidate uses stickers without authorization the statute further provides that “a write-in vote that does not meet the requirements of this sub-section which appears on a ballot shall not be counted”. See Missouri statutes and regulations for other requirements pertaining to the use of write-in stickers. NOTE HAZELWOOD WARD 8 MARY SINGLETON WONENTITY ] OFFICE CANDIDATE'S NAMEVOTETOTALSBella Villa ] Ward 2 (Unexpired Term) Jason Peery 2 +Ron Aldridge 2 +Tammie Keadle 1Blank 1TOTAL 6Crystal Lake Park ] Ward 1 Martin Long 12TOTAL 12Grantwood ] Trustee Nancy Humes 59William Hypes 55TOTAL 114Hazelwood ] Ward 4 Mary O'Reilly 3Invalid 3TOTAL 6Hazelwood ] Ward 8 Mary Singleton 408 *Gretchen Bangert 151Invalid 2TOTAL 561Kirkwood ] Mayor Don Cressey 1035Michael Moore 148Milad Abou]Nader 43Invalid 172TOTAL 1398Moline Acres ] Ward 1 Janice Jones 19Invalid 1TOTAL 20Riverview ] Trustee (Vote for 2) Phyllis Paro 119 *Michael Ellington 113 *Theo (Ted) Brown, Sr. 1Sharris Williams 1Linda Paro 1TOTAL 235William Glas 1 +St. George ] Ward 1 Bob Burns 1 +Harry Turner 1 +Margie C. Louks 1 +Joe 1Vacant 1TOTAL 6MUNICIPAL ELECTION ] APRIL 2008WRITE]IN OFFICIAL RESULTSTed Schuessler 20 *Sunset Hills ] Collector Joe Olk 4Lawrence Chorosevic 3Kathy Tripp 2Edward L. O'Neill 2Bill Nolan 2Carol L. Perry 2Lori Rider 2Tom Fleer 2Larry Johnson 1Webb 1Tim Brockhaus 1Bob Kraus 1Wilder 1Mark Rudoff 1Michael Sawicki 1Vince Loretta 1Ulk 1Kermit Starnes 1James Wright 1Stephen Suellentrop 1Vote 1Robert D. Lewis MD 1Michael Montgomery 1Keith Meier 1Jim Hobbs 1Harold A. Bulger, Jr. 1Bill Holand 1Arthur L. Havener, Jr. 1John Franklin 1Henzeker 1Don Reuling 1Dan Villa 1Adam Jansen 1Emily Labarge 1O 1Blank 6TOTAL 72Dennis B. Moore 14Sunset Hills ] Ward 1 Invalid 4TOTAL 18* ]] More votes than any candidate on the ballot+ ]] No candidate on the ballot but "tie" among write]in candidates              Lafayette County   Linda Niendick:  Lafayette CountySteven, I will be sending the April 2008 results electronically later today.  The statutory reference for write-ins is RSMO 115.453.              Columbia 
Mr. Reed,
  
 I was told this was all governed by State election laws and will have
 to refer to those to obtain the information you need.
  
 Sheela
  
 Sheela Amin
 City Clerk
 573-874-7207 (phone)
 skamin@gocolumbiamo.com
  
 >>> Sheela Amin
9/17/2008 12:33 PM >>>
 Mr. Reed,
  
 I have just received this.  For some reason, I had not received this
 before.  I do not know the answers to your questions and will have to
 confer with the legal department.  I will get back to you when I hear
 back.
  
 Sheela
  
 Sheela Amin
 City Clerk
 573-874-7207 (phone)
 skamin@gocolumbiamo.com
  
 >>> steven reed <stevenlloydreed@hotmail.com> 9/17/2008
12:05 PM >>>
  
 Dear Sheela Amin:
  
 I have not received any response.  Please send a response as soon as
 possible.
  
 Thanks
  
 Steven Reed
 
 
        Buchanan County Patrick Conway
Pat results are available on our web site at www.buchcomovotes.com
Write-In are all regulated by state law. 

As a rule correct, there is a question as to whether a charter rule could supersede state law, I doubt that it could

 

From: steven reed [mailto:stevenlloydreed@hotmail.com]
Sent: Sun 9/7/2008 4:38 PM
To: Patrick Conway; stevenlloydreed@hotmail.com
Subject: RE: One more question

Mr. Conway:

I see that you do allow write in candidates in your municipal elections. 
One more question is:
 
All cities do not mention in their city codes or charter that write ins are allowed correct?  That is because state law supersedes all election laws.

THANKS Steven Reed

 

Clay County  Dave Reinhart

 
Mr. Reed:
  
 You can access all recent past election results on our website's front
 page.  They are in pdf format so you can download them and print them
 yourself at your convenience.  As to your questions, in any election,
 not just municipal, if no one files for an office all of the write ins
 are counted regardless of whether they have filed as a certified write
 in candidate. Anyone can file as a certified write in candidate,
 regardless of whether anyone has filed for that office in the
 traditional sense.  The disadvantage of course is that the write in
 candidate's name will not appear on the ballot. If death or resignation
 of a candidate occurs after the certification date MO statutes vary
 depending on what type of election it is.  I would refer you to the
 Secretary of State on that question.  We had an unusual situation in
 that election you cited in the City of
Liberty last year.  The city
 auditor is a figurehead position that pays nothing and last year no one
 filed so all the write ins, by law, had to be counted.  A man by the
 name of Jeff Roe got over 20 write in votes, more than any other person,
 and was thus elected.  I hope this was helpful.
             Henry County   

April 200...htm (40.7 KB), April 200...htm (41.0 KB)

Attached please find the Election Results for the 2007 amd 2008 April General Municipal Election Results.  And we have answered your questions below.

 

From: steven reed [mailto:stevenlloydreed@hotmail.com]
Sent: Sat 9/6/2008 6:44 PM
To: Henry County; stevenlloydreed@hotmail.com
Subject: Sunshine Request

September 6, 2008E-Mail: County Clerk  
 
Dear Honorable
Gene Pogue
 Can you as county clerk send me a copy of the election results for the last general municipal election in April of 2007 or 2008.  An e-mail attachment or regular mail will work.  Thanks for your service to the people and keep up the good work. Also, I have a few questions I ask you to answer?  Are write in candidates allowed in all municipal elections because: 
 
A.  Not enough candidates may sign up leaving vacancies for offices so write ins are needed to make sure someone is elected? Yes
 
B.  If someone would resign, or drop out of a race, or die---having write ins would allow others to run? Yes
 
C.  As
County Clerk
you allow write in candidates for all municipal elections and you do so because why?  Is it because State Election Law Says so?Yes
 
D.  All cities do not mention in their city codes or charter that write ins are allowed correct?  That is because state law supersedes all election laws. Yes

Please respond as soon as possible.  Any help will be appreciated.
 
Sincerely
 
Steven Reed
1441 South Estate Avenue
Springfield, MO 65804
 

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--Forwarded Message Attachment--

Registered Voters 16210 - Cards Cast 4697 28.98%

Num. Report Precinct 20 - Num. Reporting 20 100.00%

 

HENRY HEALTH DISTRICT

  
  

Total

Number of Precincts

 

20

 

Precincts Reporting

 

20

100.0 %

Times Counted

 

4697/16210

29.0 %

Total Votes

 

7210

 

JOSEPH L. HALL

 

1486

20.61%

MARK FUELLING

 

1332

18.47%

BOB WONNELL

 

972

13.48%

CONSTANCE F. DORL

 

756

10.49%

THOM KNOTT

 

1345

18.65%

ANDREW UMLAND

 

1304

18.09%

Write-in Votes

 

15

0.21%

  have the results of the April 2007 and April 2008 Elections on our website.  We can mail the results to you if you can’t get them off of our website.  The web address is www.colecounty.org/clerk.  Please let me know if you need them mailed. Write in candidates are in the Missouri statues under 115.453 (4).  The law allows for write in candidates for municipal elections, they have to file with our office by 5:00 two Friday’s before the election if someone is already running for the position. If no one has filed for the office then they do not have to file with our office, and the person who gets the highest number of votes wins the race.   

 

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