Suit filed over county council selection (Journal Art. 12/16/05)

The Journal recently carried an article regarding the filing of a suit regarding the selection of the Republican County Council nominee for the special election to fill Jeff Morrison's seat. The suit was filed by one of the losing candidates who subsequently filed as an independent along with another losing candidate. They and their supporters, who are incidently the same people who are attempting to cause a stir regarding the selection of Rep. Rupp for the 2nd Senatorial, contend that state law was violated in the process through the acceptance of a proxy at the meeting. The contention is incorrect and hopefully the court will allow this to come to its appropriate needless ending.

St. Charles County is a Home Rule Charter County. As such, the County is not required to have any elected officials at all. However, if the people of the County choose to have elected officials which they have, the Missouri Consitituion gives the Home Rule Charter County the authority to describe when and how these elections are to take place to include replacing said elected officials.

In fact, the Constitution is very specific in saying that the state cannot tell a Charter County what elected officials they must have nor how much to pay them (except for the judicial officers which are state positions not county). Article VI Section 18(e) Laws shall be enacted providing for free and open elections in such counties, and laws may be enacted providing the number of salaries of the judicial officers therein as provided by this constitution and by law, but no law shall provide for any other office or employee of the county or fix the salary of any of its officers or employees. (emphasis added)

Other than being required to follow state and federal laws regarding voters' rights, election dates, etc, a Charter County may use any method to select their elected officials and their replacements. The opponents of the selection rely upon State Statutes 115.363.1 and 115.371.1. Despite the fact the Charter is silent on the use of a proxy, these statutes simply don't apply to a Charter County. They are not even on point even if they did apply.

RSMO 115.363.1 says "a party nominating committee of a political party may select a party candidate for nomination to an office on the primary election ballot in the following cases:" Ignoring the fact this doesn't apply to Charter Counties, this special election is not a "primary election ballot". This is a non-starter.

RSMO 115.371.1 says "To select a candidate under the provisions of section 115.363..." (emphasis added). Pretty simple - since 115.363.1 doesn't apply in this case as it is not a "primary election ballot" then this statute also does not apply.

The other issue raised in the article is Rep. Schneider allegedly cast her vote for a "Harold Lampi". Let us assume worst case that the proxy should not have been allowed (disenfranchising 50% of the district) and that Rep. Schneider indeed cast her vote for one "Harold Lampi" the vote would have ended in a tie with 2 votes being cast - one for Lackey and one for Lampi. A re-vote would have been in order at which time Rep. Schneider by her own admission would have voted for Lackey and the vote would have been unanimous.

Bottom line is the selection committee was properly formed, the Charter does not prohibit the use of a proxy, and the vote was taken resulting in a minimum of a majority of the votes if not a unanimous vote being cast for the winning candidate, Darrel Lackey.

It's time to stop wasting the taxpayer's money, accept the loss gracefully and move on.

Unfortunately, some people don't appear to be able to do this or even hold the well-being of the party paramount to their personal agendas. The outcome of this race may well be a repeat of the District 5 race where warring factions split the vote and allowed a Democrat to be elected. If that happens, we know the "credit" will be laid at the feet of four specific individuals (2 Republican "Independents", the Vice Chair of the Central Committee, and an opinionated website publisher who is anything but "Riteon").