County Clerk Kay Baum
Newton County Courthouse
Neosho, Missouri 64844Dear County Clerk Baum:
. . . . I am writing this letter to you concerning the arrangements made prior to the primary election of August 3, 2004 in accordance with Newton County Libertarian Party proceedings to use Revised Statutes of Missouri (RSMo) 115.615 concerning withdrawal of candidates and renominations of county committees of recognized political parties with ballot access in Missouri:
. . . . The first order of business on the agenda is Roxie Fausnaught's withdrawal as the Libertarian Party nominee for Sheriff in the November 5, 2002 general election with an eye towards replacing her with myself as the Libertarian nominee. The legal issues and statutory law involved in this matter apply. The second order of business is to accept Shawn Deines' withdrawal as the Libertarian Party nominee for County Commissioner of his district and to replace him with Roxie Fausnaught as the NCLP nominee.
. . . . Withdrawal of candidacy, deadline for, how made.
115.359. 1. Any person who has filed a declaration of candidacy for nomination and who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the primary election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. Any person nominated for an office who wishes to withdraw as a candidate shall, not later than the eleventh Tuesday prior to the general election, file a written, sworn statement of withdrawal in the office of the official who accepted such candidate's declaration of candidacy. In addition, any person who has filed a declaration of candidacy for nomination or who is nominated for an office who wishes to withdraw as a candidate due to being named as the party candidate for a different office by a party nominating committee pursuant to sections 115.363 to 115.377 may withdraw as a candidate no later than 5:00 p.m. on the fifth day after being named as the party candidate for a different office by the party nominating committee.
2. Except as provided for in section 115.247, if there is no additional cost for the printing or reprinting of ballots, or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed or is nominated for an office may, at any time after the time limits set forth in subsection 1 of this section but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court in the county of such candidate's residence. No withdrawal pursuant to this subsection shall be effective until such candidate files a copy of the court's order in the office of the official who accepted such candidate's declaration of candidacy.
3. The name of a person who has properly filed a declaration of candidacy, or of a person nominated for office, who has not given notice of withdrawal as provided in subsection 1 or 2 of this section shall, except in case of death or disqualification, be printed on the official primary or general election ballot, as the case may be.
The eleventh Tuesday before the November 2, 2002 general election day is August 17, 2004. Thus we are proceeding with the old central committee to take care of old business of the old committee.
Thus what is necessary is to go on to Section 115.359.2, where it is stated, "if there is no additional cost for the printing or reprinting of ballots, or if the candidate agrees to pay any printing or reprinting costs, a candidate who has filed or is nominated for an office may, at any time after the time limits set forth in subsection 1 of this section but no later than 5:00 p.m. on the sixth Tuesday before the election, withdraw as a candidate pursuant to a court order, which, except for good cause shown by the election authority in opposition thereto, shall be freely given upon application by the candidate to the circuit court in the county of such candidate's residence." Since ballots have probably not been printed yet, this means that Roxie could withdraw up until Oct. 2004.
Whereupon, I ask that as an election official, that you act upon your lawful discretion in the absence of any outside parties prejudiced by this matter, to accept Roxie's withdrawal as a Libertarian candidate for Sheriff and myself as the duly nominated by nominating committee of the newly reformed Newton County Libertarian Party.
Ken 'Doerge's Bagman' Copeland has no lawful grievance as to whether he faces Roxie or myself as a Libertarian Candidate. The Newton County Republican Party has no lawful grievance. Nor does anyone not a member of the Newton County Libertarian Party. Advance notice was given of this intent upon filing of Roxie Fausnaught as a Libertarian candidate last March and upon numerous public political occasions that whoever was the Republican Party nominee, would be facing myself as the Libertarian Candidate for Sheriff in November, after the very first re- organizational meeting of the Newton County Libertarian Party. None of the troika of losing 20-percenters have expressed an interest in being part of an anti-Doerge reform coalition.
Therefore, it is my understanding that this County Clerk has discretion to accept Roxie Fausnaught's withdrawal, and my nomination as a Libertarian candidate for Sheriff, and that since none have any standing to say otherwise, that this lawful ballot change take place given this proper notice. Any understanding to the contrary will be a matter of litigation, under which according to RSMo 115.359.3 would mean that the withdrawal is disallowed, and that Roxie remains a Libertarian candidate on the ballot.
This brings me to the nominating committee procedures of the Newton County Libertarian Party.
Party nominating committee to select candidate, when.
115.363. 1. Except as provided in section 115.361, 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:
2. Any established political party may select a candidate for nomination, if a candidate who is the incumbent or only candidate dies, is disqualified or withdraws pursuant to subsection 1 or 2 of section 115.359 after 5:00 p.m. on the eighth Tuesday prior to the primary election, and at or before 5:00 p.m. on whatever day is fixed by law as the final date for withdrawing as a candidate for the office.
3. A party nominating committee may select a party candidate for election to an office on the general election ballot in the following cases:
(3) If the person nominated as the party candidate shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office;
A perusal of the law should show that the withdrawal provisions already discussed in RSMo 115.359 are the ones which govern party nominating committees. Upon Roxie's withdrawal, the old Newton County Libertarian Party has an ad hoc nominating committee to deal with this withdrawal of Roxie Fausnaught's, and I, Martin Lindstedt am chosen by vote, 2-0, to be the Newton County Libertarian Party candidate for Sheriff in the general election of November 2, 2004, and likewise upon Shawn Deines' withdrawal he is to be replaced by Roxie Fausnaught as Libertarian Party nominee for County Commissioner.
Affidavit #1 I, Roxie Fausnaught, do officially seek to withdraw as of today, August 12, 2004 as the Newton County Libertarian Party (NCLP) candidate for Newton County Sheriff in favor of the NCLP nominating committee nominee Martin Lindstedt. -s- _______________________________________ Roxie Fausnaught, Vice-Chairwoman NCLP I, Martin Lindstedt, do hereby accept as of today, August 12, 2004 the nomination of the Newton County Libertarian Party nominating committee, and do hereby lawfully petition the county election authority to place my name on the ballot as the Libertarian candidate for Newton County Sheriff on the Nov. 2, 2004 general election ballot.
___________________________________ Martin Lindstedt, Chairman, Newton County Libertarian Party Affidavit #2 I, Shawn Deines, do officially seek to withdraw as of today, August ____, 2004 as the Newton County Libertarian Party (NCLP) candidate for Newton County Commissioner for my district in favor of the NCLP nominating committee nominee Roxie Fausnaught. _______________________________________ Shawn Deines I, Roxie Fausnaught, do officially accept the nomination of the Newton County Libertarian Party nominating committee of today, August ____, 2004 as the Newton County Libertarian Party (NCLP) candidate for Newton County County Commissioner of my district. _______________________________________ Roxie Fausnaught, Vice-Chairwoman NCLP.
Over to Martin 'Mad Dog' Lindstedt, Libertarian Candidate for Sheriff of Newton County, Missouri -- 2004
Over to My Struggle -- The Rants of a Resistance Political Operative
Over to Thought for the Day
Over to Martin Lindstedt's CI Church & State WWW Page
Back to www.martinlindstedt.org or Patrick Henry On-Line
