Judge sides with Republican committee, orders removal of eight candidates from ballot

A judge has ruled on a Vernon County lawsuit that could have implications for Republican candidates across Missouri.

The case dealt with a new vetting process used by Republican central committees in some counties. In a ruling, Jasper County Circuit Judge Gayle Crane sided with the Vernon County Republican Central Committee and against against Vernon County Clerk Adrienne Lee, effectively ordering her to remove eight candidates from the Aug. 6 primary ballot.

At the core of the lawsuit was the question of whether Lee performed all her ministerial duties as a clerk by placing on the ballot the eight candidates who had failed to go through the Republican vetting process.

Introduced late last year, the vetting process aims to weed out candidates who want to run as Republicans merely to win votes in majority red counties. The vetting process is proctored and includes an "objective review" of each candidate's background, a 25-question multiple choice "values survey" based on party positions and requires candidates to sign a statement pledging their allegiance to both the state and federal Republican Party platforms and constitutions.

Incumbents and those who have held office in the past have their voting records reviewed. Survey questions are not shared with central committees that are considering or have already adopted the vetting process. Over 300 candidates, including state candidates who volunteered, have been vetted.

The vetting process was created by the Republican Association of Central Committees for Missouri, or REPACCMO. The organization is led by the Vernon County Republican Central Committee Chairwoman Cyndia Haggard through whom the lawsuit was filed.

Judge's opinion in Republican vetting case

At trial, and in Crane's order, the main focus fell on RSMo. 115.357, the state statute related to candidate filings and filing fees. This statute outlines that filing fees should be paid to the central committee, may be paid to the official accepting candidacy declaration and that no candidate should appear on the ballot if their fees were not paid.

While the filing fees were filed by candidates with the clerk, she forwarded them to the central committee's treasurer. The fees were never deposited by the treasurer because the candidates were not vetted, and therefore Lee never received receipts for the filing fees.

Crane asserts that Lee failed to perform her duties as a clerk by accepting declaration of candidacy before receiving receipt of filing fees for the eight candidates from the committee.

During the trial at Vernon County Circuit Court on Tuesday, Travis Elliott, an attorney representing Lee, argued the statute does not lay out the ministerial duties when fees are returned, and instead a past Missouri Supreme Court ruling notes county candidates are able to file their fees with the clerk in addition to the central committee.

Implications of the ruling for Republican candidates

The ruling orders the clerk to remove the eight candidates who failed to pass the vetting process, including four incumbents. With the removal of these candidates, two county seats will not have any candidates on the ballot and the sheriff, assessor and southern commissioner races will have just one candidate each.

Other counties where the vetting process has been adopted have been watching this lawsuit unfold to consider how to move forward with other ballots that may currently include unvetted candidates, including Christian County.

More: Republican vetting process sets stage for lawsuits, leaves MO primary ballots uncertain

There is still time for the decision to be appealed, though would have to be done so quickly due to the nature of elections and finalization of primary ballots. The court's authority to change the Aug. 6 primary election expires on June 11, meaning all court proceedings would have to be wrapped up by then.

Marta Mieze covers local government at the News-Leader. Have feedback, tips or story ideas? Contact her at mmieze@news-leader.com.

This article originally appeared on Springfield News-Leader: Vernon County lawsuit ruling sides with Republican central committee