Martin Lindstedt
Route 2 Box 2008
Granby, Missouri 64844
(417) 472-6901
mlindste@mo-net.com
http://www.mo-net.com/~mlindste/index.html
Kay Baum, Chief Election Official, August 30, 1996
Newton County Clerk
Neosho, Missouri 64844
Dear County Clerk Baum:
When the Newton County Libertarian Party met for the purpose of
reforming after the election on August 20, 1996, it was noted that
there were few candidates for county elective positions. As re-elected
Newton County Chairman and a former candidate for governor, I determined
that it was necessary to see what could be done within current election
law to find nominate candidates and, if at all possible, to stretch
through the use of court action, if necessary, any loopholes necessary
to achieve those ends. I informed them that the key office in Newton
County was the office of Sheriff. The rest of the elected precinct
committeemen present and the appointed committeemen by phone have told
me to "go for it."
Having looked at the election rules (RSMo Chapter 115.) I have
noticed that most, if not all, of the rules assume the applicant for
candidacy is wanting to run on the "primary" ballot. This applicant is
not, as the primary election is over. This applicant wants to run for
the office of county sheriff and has the unanimous approval of the
relevant nominating committee.
Looking at the rules, RSMo 115.363, Section 2, 3, and 4 seems the
most relevant. It gives the procedure for a county committee to
nominate candidates to the "general" election. The key words which
open up a loophole in Section 2 are as follows:
2. A party nominating committee may select a party candidate for
election to an office on the general election ballot in the following
cases:
While this candidate admits that none of the "following cases" apply
since no one has died or been kicked off the ballot or resigned, this
statute acknowledges the fact that a party nominating committee MAY
nominate a candidate to fill a vacancy and opens to court proceedings
and interpretation the question as why not allow filling vacancies for
other reasons if the proposed candidate meets qualifications and has
been properly nominated.
This applying candidate meets the qualifications of office and has
been nominated by the Newton County Libertarian Party Central Committee.
No outside party HAS STANDING to challenge this candidacy. Therefore
Candidate should be allowed to run for office in the general election
under the Libertarian Party ticket.
Martin Lindstedt,
Candidate for Sheriff and
Chairman of the Newton County Libertarian Party Central Committee
[page] -2-
RSMo 115.377 Certification of nomination by committee or committee
chairman. Section 1:
I, Martin Lindstedt, Chairman of the Newton County Libertarian Party
nominating committee duly authorized to nominate a candidate to fill a
vacancy, do hereby certify that by the 28th day of August, 1996, the
nominating committee selected Martin Lindstedt as the Newton County
Libertarian Party candidate for election to the office of Sheriff,
Newton County at the general election to be held on the 5th day of
November, 1996. I further certify that each member of the nominating
committee was notified in person or by telephone of the necessity of
nominating a candidate for the office of Sheriff and that each and
every member agreed to the nomination of myself, the County Chairman,
if possible.
-s- Martin Lindstedt -s-Kay Baum, Newton County Clerk
____________________________ Subscribed and sworn to before me this
Chairman, Newton County _30th_ day of _August_, 1996
Libertarian Party
Section 3:
I, Martin Lindstedt, a resident and resident voter of the Granby
precinct of Newton County, do announce myself as a candidate for the
office of Sheriff, Newton County on the Libertarian party ticket, to be
voted for at the general election to be held on the 5th day of
November, 1996, and I further declare that duly nominated and if
elected to such office I will qualify.
-s- Martin Lindstedt -s-Kay Baum, Newton County Clerk
___________________________ Subscribed and sworn to before me this
Chairman, Newton County _30th_ day of _August_, 1996
Libertarian Party
_____________________________________________________________________
Comments:
The County Clerk and the political establishment of Newton County
have until Sept. 10, 1996 to tell me their findings of fact and
conclusions of law as to why they cannot allow me to run as a
Libertarian Party Candidate for the office of sheriff now that a
nominating committee has selected me to run on their behalf.
This will be especially interesting as there is no findings of
fact or conclusions of law to justify their wants. They don't have
standing to sue to prevent it! The only ones with standing in this
matter is the Newton County Libertarian Party.
But if they refuse, then I can file a lawsuit in the 40th Judicial
Circuit and if I am ruled against, then on to the Missouri Supreme
Court (the sixth time I'll have a matter before them) and then on
to federal court. Let the federal judges tell the people that they
have no say in the selection of candidates to public office.
There is a way when there is a will.
--Martin Lindstedt
.
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