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By Debbie Robinson
Globe Neosho Bureau
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NEOSHO, Mo. -- A Newton County judge on Tuesday denied a petition from a Libertarian Party candidate who was seeking to have his name placed on the ballot for the office of sheriff.
Martin F. Lindstedt, Granby, ran an unsuccessful race for his party's nomination to the office of governor in the primary election last month.
Last week, Lindstedt filed a petition in Newton County seeking to have his name placed on the ballot to run for the office of sheriff.
Incumbent Sheriff Ron Doerge, a Republican, is unopposed in the general election on Nov. 5.
Lindstedt did not file prior to the primary election to seek the office of sheriff, choosing instead to run for the office of governor.
In his petition, Lindstedt said his party reorganized after the primary election and was nominated by his party to run for the office of sheriff in the general election.
Citing court cases, Lindstedt said his political party has the right to select a candidate and a right to broaden the base of public participation and support of their activities.
"While relator admits state election authorities have the power to regulate the time, place and manner of elections, these election authorities do not have any legitimate authority to usurp the role of electors by disqualifying constitutionally qualified candidates under color of election statute," Lindstedt said in the petition.
Tim Perigo, circuit judge, disagreed with Lindstedt's assertion that the state election laws were unconstitutional.
In his ruling, Perigo said state law asserts that the person receiving the greatest number of votes in the primary election is the party's candidate for the general election and the "only" candidate of that party at the general election.
Perigo said two other state statutes cited by Lindstedt failed to apply because the statute applies to petitions filed for the nomination of an independent candidate or for the formation of a new political party.
Lindstedt filed his petition to be the Libertarian Party candidate.
An independent candidate may petition the election authority no later than the seventh Tuesday before the election to be placed on the ballot, said County Clerk Kay Baum.
In his ruling, Perigo cited state law that provides for write-in candidates.
Mrs. Baum said anyone who files a letter of intent as a write-in candidate must file as an independent under state law. The letter may be filed up to the second Friday prior to the election.
Perigo's ruling echoed a response to Lindstedt's petition filed by Greg Bridges, prosecuting attorney. Bridges represented Mrs. Baum in the court proceedings.
Wednesday, September 25, 1996
Page C1, The Joplin Globe
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