FOUR SEEKING INDEPENDENT STATUS ON NOVEMBER BALLOT
Four candidates seeking to be on the November ballot as independents filed their signature petitions with the Platte County Board of Elections Friday morning, July 17.
Filing paperwork with their gathered signatures were Holly Cayer, running for collector; Chris Kendall, running for treasurer; Dale Brouk, running for presiding commissioner; and Kevin Robinson, running for auditor.
Each of the four submitted more than 1200 signatures to be verified. Each needs two percent of the total number of voters who voted at the last election for the office being sought.
To be certified for the ballot, Kendall needs 914 valid signatures, Cayer needs 626, Brouk needs 813 and Robinson needs 606.
The board of elections said it hopes to have the verification process completed Friday, July 24.
Deadline for submitting such petitions for independent candidate nomination is July 27 by 5 p.m., so the four submitted their information about 10 days ahead of the deadline.
THE BACKGROUND
By a vote of 2-1 at a meeting on May 4, Platte County commissioners voted not to remove seven candidates who were facing possible removal from the August ballot for failing to file personal financial disclosures with the county clerk by an April 21 deadline.
The financial disclosures had been filed as required with the Missouri Ethics Commission (with the exception of Robinson), but county ordinance also requires the disclosures to be filed with the county clerk, and seven had not met the April 21 deadline for doing so.
Associate commissioners Allyson Berberich and Joe Vanover voted against removing the seven from the primary election ballot. The only commissioner in favor of removing all seven from the ballot was Scott Fricker, presiding commissioner.
But earlier on that May 4 morning before the commission voted, four candidates had already withdrawn their candidacy at the Platte County Board of Elections.
Those candidates who withdrew early before the county commission’s decision and by their own action will not appear on the August ballot were Brouk, Cayer, Robinson and Kendall. All had earlier filed as Republicans, but after withdrawing sought independent status through the petition process.
Brouk at the time explained the situation this way:
“At the (April 30) commissioners’ work session, the tone made it clear that all of us were likely to be removed from office. When legal counsel states “it is the law,” you expect elected officials to follow it.
‘Four of us could not stand by while three individuals determined the future of Platte County without broader input. We took action to ensure voters still have a choice.
“Local government should serve local citizens—not limit them. It’s time to come together and focus on the issues that matter most to our community.
“And let’s be clear—doing the right thing doesn’t mean finishing last,” Brouk said.
THE CONFUSION
The mistake of not filing the personal financial disclosure statements with the county clerk after also filing with the Missouri Ethics Commission was in large part caused by inaccurate information provided by officials at the Platte County Board of Elections, many candidates said.
Candidates say a yellow slip of paper on top of the packet of material issued to them by the board of elections told candidates: “The attached form can be filed online at mec.mo.gov. See attached information sheet for instructions. This must be filed by the dates indicated on the notice to candidate form that you signed. If you file it online, you do not need to file it with any other office.”
That information does not align with the county ordinance, which states candidates also need to file their financial disclosure forms with the county clerk’s office. Candidates were also given a copy of the full county ordinance, which outlines requirements and deadlines.
At the meeting on May 4, Vanover cited some case law–an appeals court ruling–in a similar situation in Independence in which the court agreed the affected candidates should stay on the ballot.
“The problem is the yellow cover sheet said to file in one place, in previous years the board of elections cover sheet said it had to be filed in two places,” Vanover said.
Berberich pointed out the county ordinance has a glaring piece that says “each candidate for elected county office shall disclose in writing the following information by May 1 of each year, or as otherwise provided herein.” She said that is confusing wording to a layperson.
Berberich also cited the yellow cover sheet provided by the board of elections that contained information that did not match the county ordinance. She said also that the county clerk had sent an email to candidates letting them know to get the financial disclosure to her office by May 1.
Berberich said that makes three pieces of “misleading, incorrect or confusing” communication that was provided to the candidates.
Fricker, on the other hand, said he feels like the commission is governed “completely by the order that we passed.”
“Nothing in that ordinance allows for extraneous factors,” Fricker said.
