Lindstedt vs. The Missouri Libertarian Party, et. al.

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Table of Contents:


Libertarian Kulturkampf
Poor Man's Fight -- A Sample Forma Pauperis Affidavit
The Lawsuit Itself of March 18, 1996
Supreme Lackey Slime -- The Case is Forestalled
The Secretary of State Pisses Down Her Leg and Runs For the Tall Grass Also
A Federal Matter?

Appendex: Where the Law Lies


The Forma Pauperis Affidavit Used

Or -- Fighting the Devil with His Own Pitchfork


                                           Case Number _________________

                      FORMA PAUPERIS AFFIDAVIT

-----------------------------------------------------------------------
                       IN THE MISSOURI SUPREME COURT
-----------------------------------------------------------------------


  I, Martin Lindstedt, under penalty of perjury, the Plaintiff in the 
present case, do not have funds available to pay costs of filing, 
service, or fees in the present matter.

  Pursuant to Rule 30.01(d) Rules of Criminal Procedure, Missouri Rules 
of Court, I request that the Petition for Judicial Review of Missouri 
Election Law be filed and service made without costs.

                                    _________________________________
                                             Plaintiff, Pro Se



SUBSCRIBED AND SWORN  to before me under penalty of perjury on 

                                           ___________________, 19___.


                                       
                                           __________________________
                                                 Notary Public

My Commission expires: _____________________, 19___.



                          ORDER

Leave granted to proceed as an indigent person.


                                    ________________________________
                                                Judge

                                    ________________________________
                                                Date

The Lawsuit Itself -- Opening Shot #1

                    IN THE MISSOURI SUPREME COURT


Martin F. Lindstedt,                   )
                 Relator,              )
                                       )
vs.                                    )   Case No. _________________
                                       )
The Missouri Libertarian Party,        )
Rebecca  M. Cook, Secretary of State,  )
and The State of Missouri              )
                 Respondents           )        



               PETITION FOR JUDICIAL REVIEW OF ELECTION LAW

COMES NOW the Relator, Martin Lindstedt and in support of his Petition 
for Judicial Review of election law RSMo.115.317 makes the following 
statements:

              I. Statement of Jurisdiction

  The Missouri Supreme Court has jurisdiction in this matter as Relator 
is running for the statewide office of Governor, as RSMo 115.555 is far 
more relevant than RSMo 115.529.

  Article V Section 3, Constitution of Missouri, Jurisdiction of the 
supreme court -- 
    "The supreme court shall have exclusive appellate jurisdiction in 
    all cases involving the validity of a treaty or statute of the 
    United States, or of a statute or provision of the constitution of 
    this state, . . . ." 	

   Relatorís U.S. 1st Amendment and Constitution of Missouri, Bill of 
Rights, Article I, Sections 4, 8, and 25 free speech rights have been 
denied due to Respondents using election law RSMo.115.317 [115.357]
as a cover to deny Relatorís right to run for public office.
 
  Lastly, as this is an election matter, by the Missouri supreme court 
deciding this matter expeditiously, any appeal to federal jurisdiction 
can be resolved without having to slog through the state circuit and 
appellate courts.
 

	          II. Statements of Fact

  At the Missouri Libertarian Party Expediting Committee (wherein 
Relator is one of two delegates from the Missouri 7th Congressional 
District, therefore a Party officer) meeting of Feb. 18, 1996, Relator, 
knowing his intention to file for public office and lack of funds, 
attempted to get the remainder of the Expediting Committee to agree to 
waive the filing fees for himself and other indigent Libertarians. Using 
the law protecting incumbent politicians by forbidding campaign 
contributions while the legislature is in session as an excuse for not 
waiving filing fees, Relatorís motion died for lack of a second.

  At the MoLP Expediting Committee of March 17, 1996 Relator tried a 
different tack. 
  Relator found out that there was a custom of refunding filing fees to 
selected candidates after the state assembly adjourned. Relator also 
found out from the MoLP Treasurer that while the Party treasury is low, 
as always, expenses are usually met by Party membership dues of $15 
annually, not candidate filing fees. Relator asked if the Treasurer 
could hold the personal checks of two MoLP members, one of them Relatorís 
brother, who would make Relator a personal loan (not gift) of $100 each. 
If the checks were held, then given back to Relator to in turn give back 
to the loaners, then state law could be observed. Relator would be able 
to file for public office for free, and the loaning friends would only 
be out interest on $100 for several months. While state law calls for a 
filing fee to be paid to the political-party treasury, there is no 
obligation, only an assumption, that the Party Treasurer will cash the 
checks. The MoLP treasurer was not opposed to this measure, either for 
the Relatorís benefit or for any other state candidate the Relator might 
bring in.

  There are two factions within the Missouri Libertarian Party. One 
consists of a militant faction, nicknamed the "Shooters," who want to 
take back individual rights away from the government by any means 
necessary, preferably through political and peaceful means first. There 
is another faction, called the "Pud-Pullers," who wish to do nothing 
more than sit around a restaurant beer-table, argue economics, politics, 
whine about how bad the government is, and otherwise treat the MoLP as 
an extension of their own personal genitalia to play with.

  Relator is the de facto head of the Shooter faction; most of the 
Expediting Committee are Pud-Pullers.

  Knowing that there is not much love lost between Relator and the 
Pud-Pullers, Relator allowed sympathetic allies to broach the question 
of forgiving filing fees through the judicious use of "loans" in order 
to fill the Party ballot. While Relator was opposed to any philosophical 
litmus tests to determine which indigents would be allowed the use of 
loans, Relatorís allies on the MoLP Expediting Committee were concerned 
about Buchananites from the Republicans and LaRouchites from the 
Democrats using this device to get on the Libertarian ballot for free, 
and, Relator, in the interests of compromise, went along.

  After more than one half-hour of debate, amendment raising, motioning, 
etc., the motion to have indigent applicants appear before the Expediting 
Committee in order to allow them to get filing fees returned or "loans" 
made failed. Immediately afterwards, the motion to return filing fees to 
indigent candidates failed by 7-4 vote of the Expediting Committee. 
Relator, Relatorís allies, and the MoLP Treasurer were on the losing side.
 
Relatorís Expediting Committee colleague from the 7th District,  J. Mark
Oglesby, the Pud-Puller factionís candidate for governor, voted against 
Relator.


                       III. Cause of Action

  Relator has a First Amendment and Constitutional right to run for 
public office regardless of whether Relator is a rich man or not.

  All political parties on the Missouri ballot use a filing fee paid to 
them as a means of screening out political and ideological undesirables: 
Democrats take the filing fees of Lyndon LaRouche followers, Republicans 
of Pat Buchanan supporters, Libertarians of Shooters. But while political
parties have a right of association, political parties do NOT have a 
right to violate the rights of citizens or party members while in the 
process of reaching political and ideological goals.

  The Missouri Libertarian Party is named first in the Relatorís suit 
because it is the MoLP who is primarily at fault for this action. By 
taking care of this matter in private, the MoLP could have avoided having
this matter come to the attention of the court. Relator would have had an
option open to run for governor without having to go a further $200 in 
debt. 
  
  Secondly, the Libertarian Partyís official ideology is supposed to be 
in favor of personal freedom and responsibility. Relator had worked out a
way to file for governor congruent with Libertarian ideology. Then, under
color of an election law made by Democrats and Republicans, these 
Pud-Puller Libertarians used that law to violate Relatorís Constitutional
rights! While Democrat and Republican internal party affairs will 
be affected by any ruling on this matter, Relator declines to name these 
political parties in this suit as Relator did not and does not expect 
good behavior from them. 

  By challenging the Constitutional validity of the petition-signature-
collection provisions of RSMo 115.357, Relator has no choice but to name 
the Missouri Secretary of State as a Respondent/Defendant as she is the 
one who enforces this statute and the State of Missouri as well because 
RSMO 115.357 is the Stateís rule.
  

                       IV. Request for Relief 

WHEREFORE, Relator asks that the Missouri Supreme Court grant Relatorís 
petition for review setting aside the petition-signature-gathering 
requirements of RSMo. 115.357, allowing Relator to simply sign a 
Declaration of Inability to Pay Filing Fee so that Relator may run for 
the office of Governor on the Missouri Libertarian Party primary ballot 
without having to go $200 further into debt; plus any other relief that 
this court deems just and necessary.

___________________________________                    _________________
Martin Lindstedt, Relator,  Pro Se                                                             Date
Rt. 2, Box 2008
Granby, Missouri 64844
(417) 472-6901

Certificate of Service:
A copy of this Petition has been mailed on March 18, 1996
to the Chairman of the Missouri Libertarian Party James
Givens, 4182 N. Riviera Drive, Columbia, Missouri 
and personally delivered to the Missouri Secretary of Stateís 
Office March 18, 1996 during Relatorís attempt to file as an
indigent person.

How Lawyer Lackeys Stall for Judges Who Do NOT Want to Hear Sensitive Cases

                CLERK OF THE SUPREME COURT
                     STATE OF MISSOURI
                    POST OFFICE BOX 150
                  JEFFERSON CITY, MISSOURI
                            65102

THOMAS F. SIMON                                            TELEPHONE
    CLERK                                               (573) 751-4144



                       March 21, 1996


Mr. Martin Lindstedt
Route 2 Box 2008
Granby, MO 64844

Dear Mr. Lindstedt:

     The material you submitted for filing is being returned to you at 
the direction of the Court. As you note in your material, this Court 
has exclusive appellate jurisdiction over certain cases. However, your
material fails to include any judgment of a circuit court you wish to 
appeal.


                               Yours truly yours,

                               
                               -s- Bill L. Thompson
                               Bill L. Thompson
                               Staff Counsel


/tkm
enclosures

Once the Coast is Clear, The Bureaucratic Mind Comes to a Decision

                    Office of Secretary of State
                         State of Missouri
                        Jefferson City 65101
                           (314) 751-4936

Rebecca McDowell Cook                         State Capitol, Room 208
  Secretary of State                        and State Information Center




                           March 21, 1996


Mr. Martin Linstedt
Rt. 2, Box 2008
Granby, MO 64844

Re:   Declaration of Inability to Pay Filing Fee

Dear Mr. Linstedt:

    Please be advised that this Office has determined to take no action 
on the Declaration of Inability to Pay Filing Fee submitted to us on 
March 18, 1996 in light of the fact that you have paid the filing fee 
required under & 115.357.1, RSMo 1994, and we consider any issues 
relating to your March 18, 1996 submission moot.

                                    Sincerely,

                                    -s- Meryl Atterberry
                                    Meryl Atterbury
                                    Deputy Secretary
                                           for Governmental Services

/sb
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