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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