Martin Lindstedt won't be candidate for Sheriff

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By Jim Burrows
Daily News staff writer

A petition for writ of mandamus filed by the chairman of the Newton County Libertarian Party Central Committee against the county's election authority has been denied by Circuit Judge Tim Perigo.

Martin Lindstedt, Granby, lost his bid for nomination as the Libertarian Party's candidate for governor during the August primary election and then decided he would like to run for county sheriff as that party's candidate. He made that request to Newton County Clerk Kay Baum, the county's election authority. Lindstedt was informed his name could not appear on the ballot as the Libertarian Party nominee for sheriff as that was contrary to the election laws. He can file as an independent, write-in candidate.

Lindstedt did his own legal research and filed a petition for writ of mandamus in circuit court. (Mandamus is a writ filed with a superior court of jurisdiction commanding a specific performance by an inferior court or official.)

In his suit, Lindstedt said the Newton County Libertarian Party reorganized after the primary election, reelected him as chairman and nominated him as candidate for sheriff under provisions of state statute 115.333 RSMo.

Lindstedt filed his suit Sept. 17 and Prosecuting Attorney Greg Bridges, as attorney for Mrs. Baum, filed a response and motion to dismiss Monday. Bridges' response noted Lindstedt did not meet the deadlines for filing outlined in the state election laws and section 115.333 did not apply to Lindstedt's situation.

Judge Perigo agreed that Lindstedt could not seek relief under 115.333 RSMo. "Said action applies to two types of petitions," the judge wrote in his decision made Tuesday. "First, a petition for a nomination of an independent candidate. Second, a petition for the formation of a new political party. Since relator (Lindstedt) did not petition the county clerk for nomination as an independent candidate nor did relator petition the county clerk for the formation of a new political party, section 115.333 simply does not apply."

Judge Perigo wrote state law prohibits Mrs. Baum from placing Lindstedt's name on the general election ballot, although he noted Lindstedt could file as a write-in candidate. And furthermore, the judge wrote: "Court notes that Section 115.343 RSMo provides, in part, the person receiving the greatest number of votes at a primary election as a party candidate for an office shall be the only (emphasis added) candidate of that party for the office at the general election."

Lindstedt has run unsuccessfully for Granby City council, 132nd District representative and governor, as well as expressing an interest in running for judge in Granby. He is a former truck driver and is editor of the Southwestern Missouri Libertarian.

Front Page -- Neosho Daily News
September 25, 1996.

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