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By Jim Burrows
Daily News staff writer
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Newton County Libertarian Party chairman Martin Lindstedt continues his efforts to have his name on the Nov. 5 General Election ballot as he has filed a federal lawsuit questioning the constitutionality of Missouri's election laws.
"If possible, I want to be placed on the ballot as the Libertarian candidate for sheriff. If this cannot be done, I want a special election held," Lindstedt said in his petition filed Monday in U.S. District Court. "I also want whatever Missouri 'election' laws were used as an excuse to deny my candidacy overturned as unconstitutional."
Named as defendants in the suit are Newton County Clerk Kay Baum and Secretary of State Bekki Cook.
Lindstedt lost an August primary election bid for governor. When the county party reorganized after that election they decided to select Lindstedt as their candidate for county sheriff. Lindstedt's request to be placed on the ballot was turned down by Baum and Lindstedt sued Baum in a writ of mandamus.
Circuit Judge Tim Perigo found no reason to grant Lindstedt any relief, noting Missouri's election laws say only the name of the candidate who won in the primary election will appear on the ballot. Perigo noted Lindstedt could file as an independent, write-in candidate, but not as a Libertarian.
Lindstedt appealed Judge Perigo's decision, again asking for mandamus as well as judicial review of the election laws. His appeal was turned down at the appellate level and later by the Supreme Court of Missouri.
In his latest suit, Lindstedt seeks actual damages of $500 and requests punitive damages as determined by the court.
Lindstedt has filed as a write-in candidate and any votes cast for him Tuesday will be counted.
Page 6, Neosho Daily News
Wednesday, October 30, 1996
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