Lindstedt files suit against clerk's office

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By Jim Burrows
Daily News staff writer
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Martin Lindstedt, the chairman of the Newton County Libertarian Party, has filed a petition for writ of mandamus against County Clerk Kay Baum demanding she place his name on the November General Election ballot as a candidate for county sheriff.

The suit says the secretary of state's office and County Attorney Greg Bridges have conspired against Martin Lindstedt for "their own political ends."

Lindstedt, Granby, filed the mandamus petition Tuesday afternoon in Newton County Circuit Court. (Mandamus is a writ filed with a superior court of iurisdiction commanding a specific performance by an inferior court or official.)

Lindstedt has appeared at the clerk's office at least twice since losing a primary election bid for governor, asking his name be placed on the November ballot as the Libertarian Party's nominee for sheriff. Each time he has been told election laws set specific filing periods and after these periods close he could only file a declaration of candidacy as a write-in candidate and only as an independant. Thus, his name would not appear on the ballot.

Bridges said today he had reviewed the election laws. "I looked at the statutes and told the county clerk (Lindstedt) couldn't do what he wanted to do," Bridges said. He said Lindstedt could still file candidacy as an independent write-in candidate but his name wouldn't appear on the November ballot.

In his suit, Lindstedt says the Newton County Libertarian Party reorganized Aug. 20, reelecting him chairman and, since he lost that bid for his party's nomination for governor, was now free to run as an unopposed Libertarian candidate in any office which lacked a Libertarian Party candidate." The suit says the central committee nominated him to run for sheriff under provisions of state statute RSMo 155.377.

In his suit, Lindstedt says Baum failed to provide him with a written statement why he could not file as a Libertarian for sheriff under section 115.333 of the state laws.

According to the suit, the deadline for a written statement of refusal was Sept. 10 and Lindstedt says he met with Baum Sept. 12. "Respondent (Baum) said she did not have a RSM0 115.333 Section 1 written refusal, although she did ask the Secretary of State's office counsel and the Newton County prosecuting attorney, Greg Bridges, to provide such mandated written determination but they refused to provide her with such. These quasi-legal politicians are altogether free with advice in telling (Baum) to refuse to place realtor (Lindstedt) on the ballot but altogether lacking in responsibility, initiative and a sufficient legal reason behind enforcing such free 'legal' advice, thus leaving (Baum) to face (Lindstedt) on her own.

"(Lindstedt) bears no ill-will against (Baum) and, in fact, has a measure of sympathy for the way the cowardly and corrupt one-party political system is making her deny (Lindstedt) and (Lindstedt's) political party their rights to participate in elections while refusing to back up (Baum). However, (Lindstedt's) sympathy for (Baum) in no way mitigates (Lindstedt's) determination to assert his political and constitutional rights.

"(Lindstedt) strongly suspects that a summary ruling by this court to place his name on the general election ballot in accordance with law will let (Baum) off the hook politically by relieving (Baum) of further responsibility to try forestalling (Lindstedt)."

Lindstedt writes in his petition he and his party have followed all the state laws which apply and "...which do not violate their constitutional rights...." He says Baum's "advisors (the secretary of state and Bridges) are simulating legal process to privately convert election procedure to their own political ends."

September 18, 1996
The Neosho Daily News

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