PRIOR TO COMMISSION VOTE TO KEEP THEM ON BALLOT
By a vote of 2-1 at a meeting Monday morning, 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, 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But earlier on Monday morning before the commission voted, four candidates had already withdrawn their candidacy at the Platte County Board of Elections.
Those candidates who withdrew early Monday before the county commission’s decision and by their own action will not appear on the August ballot are Dale Brouk for presiding commissioner; Holly Cayer for collector; Chris Kendall for treasurer; and Kevin Robinson for auditor. All are Republicans.
Three candidates did not withdraw and remain on the primary ballot: Mary McKenna, Democrat, for presiding commissioner; Gena Ross, Republican, for presiding commissioner; and Russell Wojtkiewicz, Republican, for county clerk.
According to the board of elections, state law requires the candidate filing period for the offices of treasurer and auditor to be reopened for a short time due to the fact the incumbents (Kendall and Robinson) have withdrawn. That extended filing period runs from 8 a.m. Tuesday, May 5 through 5 p.m. on Monday, May 11, according to Chris Hershey of the board of elections.
SO NOW WHAT?
It’s possible those who withdrew can seek to go through a process of getting on the ballot as an independent candidate for the November general election. That process would include gathering signatures on a petition signed by at least two percent of the total number of voters who voted at the last election for the office being sought. Deadline for submitting such petitions for independent candidate nomination is July 27 by 5 p.m.
REACTION
Monday morning’s decision by the commission came as a surprise to many observers who had sat in on a county commission work session last Thursday when the topic first came up. At that work session, Vanover and Fricker spoke strongly in favor of abiding by the county’s ordinance. Berberich on that day seemed to be the only commissioner speaking more open-mindedly on the topic.
“I withdrew so I would have options. After Thursday’s (work session), I left feeling completely threatened and that the commission’s minds were made up to remove me. So, now at least I have options,” Cayer told The Landmark Monday afternoon.
On Tuesday morning, Cayer announced she intends to run as an independent candidate in the November general election.
Observers say a withdrawal makes it clear the candidate can seek independent status for the November election. Whereas, being removed from the Republican primary ballot might have raised a legal question as to whether that candidate could then seek to run as an independent.
When asked if he would seek an independent candidate status, Robinson said he had not decided.
Kendall initially said he was undecided, then hours later reached a decision.
“I’m honestly not sure. This has been such a disheartening process I just don’t know,” Kendall said in a text exchange with The Landmark on Monday afternoon. But by Tuesday morning, Kendall had decided he will in fact be running as an independent.
“I would like to express my gratitude to all those who have reached out to me in the last 24 hours to share their disbelief, frustration, and anger regarding the election circumstances that have arisen in Platte County. The incredible number of friends – including Democrats, Republicans, and independents – who have contacted me to encourage my candidacy and have offered their support has been truly remarkable.
“Due to that support, my genuine passion for my work, my continued sense of calling to this role, and my firm belief that my retention of this office serves the best interests of Platte County, I have made the decision to run for the position of treasurer of Platte County as an independent candidate,” Kendall said Tuesday morning.
Dale Brouk, the presiding commissioner candidate who withdrew from the August primary, told The Landmark he intends to run as an independent on the November ballot.
“At Thursday’s commissioners’ work session, the tone made it clear that all of us were likely to be removed from (the ballot). 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.
“I will be filing as an independent candidate for presiding commissioner to bring common sense leadership and restore civility to Platte County government.
“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 Monday, 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.
