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
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.
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
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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