IN THE CIRCUIT COURT OF VERNON COUNTY, STATE OF MISSOURI 04/08/2024 CARRIE POE VERNON COUNTY REPUBLICAN ) cl ERK, CIRCUIT COURT COMMITTEE, by and through ) VERNON COUNTY CYNDIA HAGGARD, Chairman, ) ) Relator, ) ) Case No. 24VE-CV00185, % ) ) ADRIENNE LEE, ) _ VERNON COUNTY CLERK ) ) Respondent. ) PRELIMINARY ORDER IN MANDAMUS, TO: ADRIENNE LEE, VERNON COUNTY CLERK WHEREAS, the Vernon County Republican Committee, by and through Cyndia Haggard, Chairman, Relator has filed herein a Petition for a Writ of Mandamus alleging that you have an unconditional duty to only accept candidacy of Republican candidates that the Vernon County Republican Committee has notified you that they have accepted the filing fees from said candidate that said candidate can be placed as a Republican candidate on an official printed ballot, and that further you were notified as the Vernon County Clerk that the following. Republican candidate’s filing fees were not accepted by the Republican party, Brent Banes, Lena Kleeman, Michael Buehler and Kelsey Westerhold, Jimmy Dye, Cindy Thompson, John Shorten, and Frank Radspinner. Therefore, Brent Banes, Lena Kleeman, Michael Buehler and Kelsey Westetho.d, Jimmy Dye, Cindy Thompson, John Shorten, and Rank Radspinner should not be placed on a Republican ballot and if so placed on an official printed ballot as a Republican candidate, said name shall be removed from said ballot as a Republican candidate until such time as the Vernon County Republican Committee informs the Vernon County Clerk that said filing fee has been accepted by the Vernon County Republican Committee as a Republican candidate. IT IS THEREFORE ORDERED, that if any reasons exist for believing that you should not take such action you shall file your answer directed to the Petition with this court on or before the 23 day of April, 2024. Dated this 8" day of April, 2024. Gayle L. Crane, Circuit JudgeAyeouoneg IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI VERNON COUNTY REPUBLICAN COMMITTEE, by and through CYNDIA HAGGARD, Chairman, Id - NONYA - Pat ) ) ) z ) Cause No. 24VE-CV00185 iy Relator, ) 8 ) S 4 a ADRIENNE LEE, ) . VERNON COUNTY CLERK, ) = ) Respondent, ) AMENDED PETITION FOR WRIT OF PROHIBITION AND/OR MANDAMUS COMES NOW, the Vernon County Republican Committee, by and through its Chairman, Cyndia Haggard, and moves this Court to enter its Order in Prohibition and/or Mandamus against Adrienne Lee, County Clerk of Vernon, Missouri, and for cause would state as follows: 1. Cyndia Haggard (hereinafter "Haggard') is the duly elected Chairman of the Vernon County Republican Committee (hereinafter the "Committee"), charged with enforcing the decisions of the Executive Committee of the Committee. 2. Adrienne Lee is the elected County Clerk of Vernon County Missouri (hereinafter the Clerk"), charged with applying and conforming with the laws and Constitution of the State of Missouri. 3. That the Committee is solely responsible for determining who may run as Republican candidates for Vernon County elective offices. 4. That on behalf of the Committee, Haggard sent notice to the Clerk stating that several individuals who sought to file their candidacy as Republicans for the primary election to be held on August 6, 2024 did not meet the minimum requirements of the Committee for inclusion on theRepublican ticket and that their filing fees would not be accepted by the Committee Treasurer. (Exhibit 3 attached hereto) 5. Those individuals include Brent Banes, Lena Kleeman, Michael Buehler, and Kelsey Westerhold, Jimmy Dye, Cindy Thompson, jobn Shorten and Frank Radspinner. 6. That, nonetheless, the Clerk, on Tuesday, February 27, 2024, (with regard to Brent Banes, Lena Kleeman Michael Bueler and Kelsey Westerhold) and on Tuesday, March 25, 2024 (with regard to Jimmy Dye, Cindy Thompson, John Shorten and Frank Radspinner) accepted the filing fees from the above-referenced individuals and has indicated that their names will be included on the primary ballot as Republican candidates. 7. That Haggard has placed the Clerk on notice thatthe filing fees of each such. individual has been rejected by the Committee Treasurer and that the checks tendered as filing, fees have been returned to the Clerk. 8. That, pursuant to RSMo. 115.357.1 "each candidate for... county office shall before filing his or her declaration of candidacy, pay to the treasurer of the . . . county committee of the political party upon whose ticket he or she seeks nomination a certain sum of money (emphasis added) 9. That pursuant to RSMo. 115.357.5, "no candidate's name shall be printed on any official ballot until the required fee has been paid”. 10. That under the law of the State of Missouri, the definition of "payment of a filing fee” is the acceptance of such fee by the political party under whose banner an individual seeks to run. As stated in Miller v. Carnahan, No. 06-5032-CV-RED (W.D. Mo. 2006), "{t]he Democrat party did not accept the fee, thus the fee was never paid as required by statute." Wid 01:10 - #202 “PO Udy - NONAZA - patty Aeotuosj99(3IL. That although the Clerk has the right under statute to take the filing fee from a potential candidate, the Clerk's duty is to forward such fee "promptly" to "the treasurer of the appropriate party committee", RSMo. 115.357.2. 12. The lay is clear that a potential candidate must perfect payment of his or her filing fee prior to filing his or her declaration of candidacy. 13, None of the above listed potential candidates have perfected the payment of their filing fees and are therefore barred from filing their declaration of candidacy. 14. Consequently, the Clerk is prohibited by statute from accepting such potential candidate's declaration of candidacy and is prohibited from including their names on the Republican ballot. 15. Each such individual is free to file under any other party's ticket, or as an independent, but they cannot be included on the Republican ballot. WHEREFORE, the Vernon County Republican Committee respectfully prays that this Court enter its Writ of Prohibition and/or Mandamus, prohibiting the Clerk of Vernon County, Adrienne Lee, or anyone acting on her behalf or under her authority, from accepting the candidacy of or including on any official printed ballot the names of Brent Banes, Lena Kleeman, Michael Buehler and Kelsey Westerhold, Jimmy Dye, Cindy Thompson, John Shorten, and Frank Radspinner,as Republican candidates for Vernon County elective office and/or to the extent that the Clerk has already accepted such candidacy and/or printed such ballots, she must be mandated to reject such candidacy and remove such names from the ballot. aa iA - pat Wad O1:L0~ 6202 “pO lucy - NONY:Respectfully submitted, McCLosky, PC. 0- #202 “0 Iudy - NONSSA - PAIL By:_/s/ Mark T, McCloskey Mark T. McCloskey, #36144 Patricia N. McCloskey, #36153 ‘The Niemann Mansion 4472 Lindell Blvd. St. Louis, Missouri 63108 (314) 721-4000 telephone (314) 721-3664 facsimile McCloskeyLaw@aol.com Attorneys for Relators Certificate of Servi A copy of the forgoing was served on all counsel of record through the court's electronic filing system on this 4th day of April, 2024.. :___/s/ Mark T. McCloskeySTATE. OF MISSOURI COUNTY OF VERNON: AEFIDAVIT OF CYNDIA HAGGARD Myaaine is Cyalia Hague, Ham over the age of cightccrand all de facts recited horn re tr and correct io the best of my know led infiation snd belie. |. Lam the daly elecca Csieman othe Vernon Coun Republicen Commies. 2. Adrien the lected Cony Crk of Veron Coney Miso 21 The Veron County Repubicnn Connect crested and approved a veting rocih with which any candid that vires tn for Coty oo Republican comp. 4, Any prow cstablishodby such voting proctor or who reins to lobe vee wll be permite to candidate who either docu’ meat she minum qualifications foroffice asa Reputican, 5. tmihis election eyde, sever individual wi dsiredo rn iw county offices republics reuse to be vetted, and were informa, tweens, they woul! not bo veceped torun as Republicans: 6. Those rlividals metal ret Manes Lena Klceman, Michac! Buchler, Kelsoy Westerhold, Jimmy Dye, Cindy Thonn so, Jahn Shorten and Frank Radspianer 2. On Hsbrusry6, 2024 (with repied to Hert Ramet, Lena Kleeman, Michael Buches, and Kelecy Westerold) and on March 25, 2026 (with rard to Sinan Bye, Ciady Thompson, Join Shorten, nd Frank Radspnne) te Veroon Cousty Republican Commie sent a notice Adficane Lee, Vernon County Clerk, stating that those individuals who sought file their Exhibit jpowuono = zg 5 3 2 8 = 3 2‘anaidocy as republicans for the primary election fo be held oa August 6, 2024, ld not rivet the ‘viniqusn requirements ofthe Commitce fe inclusion on the Republicu ticket an! that their {Ging foes wond nat be accepted by the Vernon County Republican Commitee Tossure, 48, Tsubsequently learned that Uke Clerk, accep the filing fes fom the abowe- "oferenced individuals nnd bas indicated that thir names wil be ince on the a5 Republican candidates, mary ball 9. Upon so lenrning, once aguin a formed the Clerk thatthe filiag oes ofeach eoch ingvidua ad han eject by the Veron County Repubican Committe Teaser an th the ‘ects tedeed as fling fees have heen retumed 0 the Cle. 10.1 fant informed the Clerk that because the fting fee of such inividus a! Been ‘ejected that thsi umes musbe remove rem the Republican ballot 14 Tn response, 1 was told by the Clerk that he was 20 gor 19 remove the nae an that she believed tht she was atlag appropriately Segoe Swornto and scribd tty meon iis Aa of Ape, 2024, Further Affiantsayest ot Vid 01:10 - #202 ‘60 Udy - NONYAA - Palld AyeoluonD=(3Febuary 6, 2024 Adcienwe Lee Vernon County Clerk 100 West Cherry Street Nevada, MO 64772 DELIVERED BY MAR AND BY EMAIL Re: RSMot15 357 Acceptance of Filing tees Acceptance of Republican Candhdacies Dear Ms lee {As you know, the Vernon County Republican Comurittne {YERC) Is vetting candadates who intend to tile 3 Republicans {or county wide elected office yo 2024 We have atked you to send Republican candidates to us rather than accept ther ting fees in your office. However, aur understanding is that per the option stated in 115.357.2, you intend ta accept filing ees directly from candidates. While ‘you may do so, you may not thea temediately accept their declaration of candidacy at a Republican Doing so Is 3 violation of 215.357.1 which states the filing fee Is to be patd to the committve treasurer before {dine the declaration of candidacy. HIS87.4 “em conn al, fone ny i ser declration of candor, By to the trewrer af the potted pare po mts ihe he or abe ire anit certo sm on soe ofthe You must thereloce schice any candidate wsshing to ite with the Republican party that the WORE treasurer must first “accept their candidacy, (Candidates who do not wish to wait fot our treasures 10 accept thei filing fe may file stead with another party or a an independent) Our tresnuter's name and addres: April Mosher, 14028 £, Osage Nation Rd, Nevada, MO 64772 The VRC treasurer will not accept the Ming fee of anyone why has not been successfully vetted. The VERC has made this known fo ypu, to all Republican mcumbents, and te all Republican challengers of whom we are aware You wil be able to identify successfully vetted candidates because these candidate will shenw you 2 $100 guid receipt from the VERE treasurer AL this time, the following individuals have bren advised of the requtenient to be vetted but have not chosen (a do 30, Incumbents: Cindy Thompson, Everett Wolf, Kelsey Westerhokd, Letia Kleeman, and (rent Bars, Koowni Challengers; Mike Buehler Therefore, the VERC will not accept thelr candidacy with the Republican party, although they are free to ffe with any ther party oF a5 an Independent. Should any of these individuals elect to complete the vetting nroress prior to the clase cof fling on March 26th, your office wall he prompthy notified, ‘should you have ary questions or comments, please respond by email to vercmogaymual.com oF t0 the address below, Respecttuty, eyndia Mogyard Chale, Vernon County Republean Committee 429.W. Lee St, Nevada, MO 64777 Wid 01:10 - #202 “bo IUdy - NONEZA - pat Aleotano8ISMarch 5, 2024 ‘Adrienne Lee, Courty Clerk Vernon County Clerk's Oftice Lao West Cherry Nevada, MO 64772 Re: Candidate Filisg Fees Dear Ms. tee: has come to our attention you accepted filing ees on Tuesday, February 27, 2024 from the followry, Indmiduals. Brent Banes, Lena Kleeman, Michae# Buehlcr, and Kehey Westerhold, all attempting to tile 423 condidates on the Republican Party Ucket, and all submutting ther filing fees directly to you. ‘On Februsty 6, 2024, | provided you with a letter indicating these candidates had been rejected by the ‘Vernon County Republican Party for {ailing to comply with our Party's rules and further indicating they would remain rejected and that their fling fees would not be accepted by the VCRC treasucer until compliance wath our rules had been demonstrated. A copy of thot coerespondence is included for telerence. You are also aware that were the reyection to be fitted, the vanddates would then pay our commit Wreasurer directly, as has been our policy in previous years, and with which the county cletk’s office has Previously complied by dkecting Republran candidates to ow treasures. You are alsa aware our lreasurer would give ther a paid ‘eccipl, and they would show that receipt to you as proof the filing tee had been paid te the appropriate committer treasuree peor to ting thele candidacy, as required by 115.887.1. None of these individuals novsesed « aud eecript from aur treasurer, yet you allower them lo fle their candidacy when you administratively aceepted thee ting fee, in violation af both 115 357.1 and potentially 115.457.5, At this time, we are advising you these candidates romana rejected by our party and are therelore not authorized by out Central Committee to file wath the Republican Party i our county. Accord, to bye tn comphance with the above statute ani subsections, you must remove their names {rom the ballot Republicans. This lter i our dermand that you do 30 as quickly as possible, so that seth individuals can attempt to fle as other paity’s candidates, o1 a independent candidates, prior to the end of the fing period on March 26, 2024. This request Is made in compkance with Missoury statutes and cave laws andl does not in any way preclude or interfere with any cariidate’s right to run for any office. Shr: candidates willbe free to rete with another patty oF a8 ladependents Please continn this has been done and if not, your justification for your refusal and an explanation for yar wellful wterference wah our Fira Amendment ight al pohticat assnciatian. Respectfully, Cyndia Haggard Choit, Vernon County Central Cammittes T PETONER'S cc: Counsel i eer Wid 01:10 #202 “bo IUdy - NONYA - Pets AjeouoNDal3Nin tgunt (aah ru ne flow nl gr. wacleaere Forward ied de tortion esi mim rece yer ether ae Marc submited nd pod the required merce the Coan renga ama Caddie » Affidavit of a Payer scot anes, Ses Kwsnane Mitac tastier ‘Se reaps the Vernon aay Reman Pay tg bo cis tei el lowever. x he wal ellis aaa. ne erento wpb the Cemaleaion ofa Undue Slates, af he State oF Missouri ant ie tow. CAUSE vandkdacy yp ce prvtectabhe, lee iievent Tsk ty Dn areal tats yenstes i charging am whaaey wi it emt fa fone bist pl he You ame tio oF ua , fs. awe 0c i ed Hn Se Sexilon 115-757. KRVb clei exact wanted souk rte sate hia hy ee eae Ae oc are nc ea esta Iulie>- soe eqs that ll sve avn the oficial accep beens > nfaky be rw path Oh offic) 1 rawr He in each afro Bal ahve, Vermin Cwuty Bis comin sae wetsaly yn Ashe lad esti ath oi isdn ol canta, oh Super Crt inns wcanizt se os ashore te cht Wie OL:10 - F202 ‘pO ud - NONUBA - Pali AeoIwosP=IS‘Canes iy Mitac and ebnewtiere he tescrvel pss of eligbibly nd qantas a ‘ate 0 Be amet the Cours. an 0k Sess tai che ection aby Jn thc cvent tthe Vernon Ceamly Cana Vownnitee seo carton hy 2 cot reyailing the semaval af ene oF Wome Manes i Un alt, we Bee sa eee elevate ‘the fore of the Verans County Cesta Comin ea spore eta ‘edad Yo the Cais Sates Constvacon, the cana Cues, es the ve "lect inf de Sie Missi ches specialty those fai o peony lectin, (Utes, 1 st meely the Cental Comte His Amerie stah Ut tae ‘ak Repolsicans aml Dewoerals, Vanoa Coats and Misr. Father ea sane hatte Vernon Canty Cental Conanitten's posi ve see ws en acd with = rajrityof tae Cena Coan Canis + its a the ete aod may heat ods with Mina ‘Acti an, if the Verma Cea Cental Comuace desi tba a adr ‘anclate oy enales”marwesremosed fh hla os Riess He Fecal eles authority 1 8 ed» eer ner ceri x0 FEF O REEMA 9 HHT ok Actor ‘the respective sepsis of potent iatevesty pari, ening os Sern Coney Republican Cental Conmuitice und candidoes fev local ashes. ase others Elanaiihee ce Come Wed 04:20- #202 “bo IUdW - NONEBA ~ Paps AlecIuO DEESMonday, March 25, 2024 ‘Adana Lee, County eth Coumy Gest's Ofte wWOWeRt Merry ews, MO A772 fe tates Shorten tte suan.c0 Dear Ms Lee “Tis cortesponlence ten reference tothe as canara the Sng ee you collec’ ane onan 1.60" eosin tie, We ane retin Ah train he Hou Pekar to the eaeate elor® Me Hang period beg, we Hem You oss tiled “Very Whe I fr anal Mow It win / Far he County Chee f0 Post ond Give to Candles” cop ofa ar iced for aren That cuenta ted wl unduly eee he candidacy th tae Rien Party of yore wh eave hsfhe ng oe ety you mea aimnates eur aoity a Fe wt the code ‘he letey sates at to cse 2 ejection. the pote epttcan anesate nore costae! the rosat the bottom ofthe eter te wag venga upon Sr cestu commen ofthat races, she Kepuhcon Counay Conti Treasurer wou then acerp te Hng fee st Be ld eco the sn Me CaM 08 YOM ‘Theveloe, we are returning the fing fe vo youn Ws eign ios dunc ashe ick 9 euney 8 ash and noniving bath you, onthe candela ty ergy af vis teter, that h/er name ean be egaty pce un the bate a time, par NALIN) Land § eacosae 10K th tans You Coected are tetuneedto the carsitte ‘ould the canidate wrth to ie aka Hope Ne pet HM coat nist ar ara be vetted, ‘Apa Mosher Treanicet, Vernon Counny Cente Comment WeRCireasurer dba com Frciosure ce MR Soovtan Ae 29591 $1813 RA, heya: MOGATT Cyndie Wagga, Chu, vrcoaerra cor Exhibit 5 Wd 01:10 - 6202 “#0 Ihdy - NONA - Pally AjeoIuonoaISMowry, March 25,2024 ‘Adrienne Lee, Counge Clerk ‘County Cleik’s Ofte 300 West Cherry Nevada, MO 64772 fe: Kove Oe 100.00 Pear Mi. Law This corespnndence isto veterence tothe aneve cance ant te fig fe yon rected a forwarded to uur coonnition We ae returcing the wacashed check ta wu 0 Fern fo the Candie 5 2 é 2 z z Bete the Fig neva gan, we sen you teri Venting ~ What ok How 8 Wks / the County Clerk to hast and Gove to Comesoter” Macy ofthat ter 4 meade Yr relerance ‘hat document ceaty stated we woud mrs det the candy wah the wept Party of vai abe pave her Fig tee drety to you 35 Ween our aly Ro fet vet the cance ‘he ome tates that cane the ejertion tw potential Papuan Candidate neds 9 contact tr lorcom ath baton te leter to arrange fr veting ard upon nace coro of that ‘rocess the Repubicon Couey Comte Teasuter would then acest the lng fed ane pram» Sid recip the cancidate can sho YH tmecefore, we are recur fg fe to you ints nip oom haces che oF rane Ce, “Tiny ned panty bn you. ac Ue casa coy o is eter, tha hier name cannot State prea or the bt tt tee, er HSMIOEIS 3971 dS Place tote finds wo ate ee eta te the conde snout we cout wih Wo Me ava Repbcan, vm cOMKY cu KOM aM Fe 19 eves ewpecthi Ae Mate Eraawute, Verne Cony Conta Comore HoncremnrerPomotcoss 197576 Kihey, Nevo MOI772 Cyuc agun Cha, vercenodenal omMonday Merch 25, 2026 ‘Adserae Une, County Ce onty as Oe 100 Wet Chery Nevasa, MOET fe, Gye A thorn siaoo0 “Wercasieondontsan reference ih ave cite ath Ming YOU eet re ‘orwoni a oie. Ye amet he aston chek Ue Yow rena te the cance cone eng pv Da we sed you eerled“Vewsny ive Ma Mow Yrs ae We Cabin Ger 9 Pe ns vet Connex” Acapy ohare NO Tferonee ‘ar docunent deat sated we wel eumedite rect the cantidcy wth te Repstca Party a seane who eave Wiberg ee ety oan cement say ta est we! he canta ‘heer sec hat cate He reeom he pea Ropabean candice west canae the ‘etiam ot baton ct the let oat age os ot, ar won suc ent een Rea any Cin eae wt a ae tee ol roe arate dre esing th eet you ii fr {aa ane ayn to Sealy rove the bat gd ns cae wd fe asa Repm ie mat ft contac at se and arr Newnes Aart Ne ower, ete Cy Cantal Comment Matieeierttaenst con ane neha A Thompson PO. Bo (14, erat 960 TE ya Haggard Ont, wesc nal con 10 Wed 0:10 - #202 ‘vO dy - NONU3A - Palla Ajeotues0r3‘Monday, Mace 25,2028 Adviense Lee, Covey Cesk county Cir’ Ofc 100 West Cherry evade, MO 64772 Re sate Feat Rosa s1oq00 ea Ms. bee: ‘hi covrewpondence i etavencet me shave canst nthe ig Se ye crag an forwarded to our commie We ae tetany Pw arcane checker Sein ste cance ‘tore th Sing pera gin wo Sen ous else "Vtg - Wnt ad Hr ors / Fae ‘Cnty Cio Pont om ve Conan” cap Vater aed een, ‘at doar any sete we sana macy eect the amt wf he ein Pay of rw wo goer fg oe try ou as sbeiates cu ably to rst wet he eamae {mricer ststcs a care the rejection the oti epabian cndiete nowt comet he jerwon th stn or ter ara oe ae ua ace ccnp a at Pen the Repctcar cay Comets Vevsaet mecas then acceat he ie Ye a rie ® aid rece te casio ow yo ‘atta te retcnng the fg fe to youn ts rl Rr (onan hecho money near oF oth. atyng oh om, he cane by egy of Ds te, hat er sare carat ‘Seat pttedon te tote os ep ROMSEDS 12 3 nl nue ye f0 ae furs ys rete reid ath oe Shot te cae ta Ee ae aban {sm De Cn cow KerMaTee ae ATA ae ett ewecttly, Aves Moser ‘wena, err County Cerra Consetee weaczcosure Scr tn ‘hin Front Reser UIBE Seocte Md, eva MOGI Gyre Heer Chale, uence coe a id 01:40 - #202 “FO IUdy - NONYIAA - per AneatuONDeS§ IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI VERNON COUNTY REPUBLICAN COMMITTEE, by and through CYNDIA HAGGARD, Chairman, Cause No. 24VE-CV00185 Relator, a BD 2 $ 2 3 ADRIENNE LEE, VERNON COUNTY CLERK, Respondent. AMENDED INDEX TO EXHIBITES EXHIBIT PAGE Exhibi 1, Affidavit of Cyndia Haggard Exhibit 2, February 6, 2024 Letter Haggard to Lee Exhibit 3, March 5, 2024 Letter Haggard to Lee . Exhibit 4, March 11, 2024 Letter, Lee to Haggard ..... Exhibit 5, March 25, Correspondence to Clerk ..........0s00000e 7-12IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI VERNON COUNTY REPUBLICAN COMMITTEE, by and through CYNDIA HAGGARD, Chairman, Cause No, 24VE-CVO0185 Relator, ADRIENNE LEE, VERNON COUNTY CLERK, ) ) ) ) ) ) ) ) ) ) Respondent. ) SUGGESTIONS IN SUPPORT OF RELATOR'S AMENDED PETITION FOR WRIT OF PROHIBITION AND/OR MANDAMUS COMES NOW Relator, and in support of her Amended Petition for Writ of Prohibition and/or Mandamus would state as follows: FAC Relator is the duly elected Chairman of the Vernon County Republican Committee. Respondent is the duly elected Clerk of Vernon County, State of Missouri who as a public official is subject to this Court's jurisdiction in Prohibition and/or Mandamus. Curtis v Mo. Democratic Party, 548 $.W.34 909 (Mo. 2018). ‘The Vernon County Republican Committee (the "Committee"), and the Committee alone, has the authority to decide who can and cannot run as Republicans in county election: [T]he Court has recognized that the First Amendment protects ‘the freedom to join together in furtherance of common political beliefs,’ . . which ‘necessarily presupposes the freedom to identify the people who constitute the association, and to limit the association to those people only’. California Democratic Party v. Jones, 530 U.S. 567, 574(2000) (internal citations omitted) UOH}O9IS 4 aA Vid 01:10- 202 ‘po Iudy - NONE:The Committee has established a "vetting" process by which potential candidates who desire to run for County office as Republicans are assessed to determine if they meet the ‘minimum requirements of the Committee to run as Republicans. If potential candidates either don't pass the vetting process or refuse to be vetted, the Committee will not accept their candidacy. (Exhibit 1, Affidavit of Cyndia Haggard) Prior to the first day of the filing period for candidates in Vernon County, Cyndia Haggard, in her capacity as Chair of the Committee, sent to the Clerk of Vernon County, Adrienne Lee, correspondence identifying potential candidates who desired to run as Republicans but who had refused to be vetted. Cyndia Haggard informed the Clerk that such potential candidates would not be accepted as Republican candidates and that their filing fees would not be accepted. (Exhibit 2, February 6, 2024 letter from Haggard to Lee) Subsequently, Haggard sent correspondence to the Clerk once again stating that certain potential candidates had been rejected by the Committee and that their filing fees would not be and were not accepted by the Treasurer of the Committee and that their names must be removed from the Republican ballot. (Exhibit 3, March 5, 2024 letter, Haggard to Lee) Such individuals are Brent Banes, Lena Kleeman, Michael Buehler and Kelsey ‘Westerhold. ‘The Committee subsequently learned that additional unvetted potential candidates had filed as Republicans, to wit, Jimmy Dye, Cindy Thompson, John Shorten, and Frank Radspinner. ‘The Committee informed the Clerk that such potential candidates’ filing fees had been rejected and that their names could not be in cluded on the Republican ballot. (Exhibit 5) ‘The Clerk has informed the Committee that regardless of what the Committee has directed, the Clerk would perform what she believed to be her "ministerial duty" to accept the alta Areoquonp= BA Be Wd 01: L0- #202 “#0 ludy - NONE:Exhibit 4, March candidacy of those individuals in that they had tendered to her their filing fees, 11, 2024 letter, Lee to Haggard) ‘The Committee has informed the Clerk that each such potential candidate's filing fee has been rejected by the Committee Treasurer and retumed to the Clerk, and that each such potential candidate has been so informed. (Exhibit 1, Affidavit of Haggard, Exhibit 5, Correspondence to Cletk, March 25, 2024) ARGUMENT AND AUTHORITY The procedure for filing for and being eligible for running under a given political party's ticket is defined by statute, ie., RSMo. 115.357, et seq. RSMo. 115.357.1 states "each candidate for... . county office shall before filing his or her declaration of candidacy, pay to the treasurer of the . . . county committee of the political party upon whose ticket he or she seeks nomination a certain sum of money . .." (emphasis added) RSMo. 115.357.5 states: "no candidate's name shall be printed on any official ballot until the required fee has been paid”. Under the law of the State of Missouri, the definition of payment of a filing fee is the acceptance of such fee by the political party under whose banner an individual seeks to run. As stated in Miller v. Carnahan, No. 06-5032-CV-RED (W.D. Mo. 2006), "[t]he Democrat party did not accept the fee, thus the fee was never paid as required by statute." Although the Clerk has the right under statute to take the filing fee from a potential candidate, the Clerk's duty is to forward such fee "promptly" to "the treasurer of the appropriate party committee". RSMo, 115.357.2. - NONYSA - P We 01:10 ¥20%‘The law is clear that a potential candidate must perfect payment of his or her filing fee prior to filing his or her declaration of candidacy. None of the above listed potential candidates have perfected the payment of their filing fees and are therefore barred from filing their declaration of candidacy. Consequently, the Clerk is prohibited by statute from accepting such potential candidate's declaration of candidacy and is prohibited from including their names on the Republican ballot. The Clerk's ministerial duty precludes her from accepting a declaration of candidacy from any candidate who cannot demonstrate that his or her filing fee has been paid, which requires acceptance of such fee by the Committee Treasurer. Consequently, the Veron County Clerk has exceeded her authority in accepting the declaration of candidacy from the above-referenced individuals. The Vernon County Clerk must be prohibited from printing on any official Republican ballot the names of the potential candidates identified above. Each such individual is free to file under any other party's ticket, or as an independent, but they cannot be included on the Republican ballot. CONCLUSION "Freedom of association would prove an empty guarantee if associations could not limit control over their decisions to those who share the interests and persuasions that underlie the association's being” Democratic Party of United States v. Wisconsin ex rel, La Follette, 450 US. 107 (1981). Or, as stated by the United States Supreme Court, "[here is simply no substitute for party's selecting its own candidates." California Democratic Party v. Jones, supra, at 581 The statute governing candidate filing is clear and unambiguous: No one who has not first paid his or her filing fee can declare for office, and no one who has not had his or her filing. fee accepted by the Treasurer can have his or her name printed on a party's official ballot. The Ly AoIuou < Wd 01:40 - p02 "FO Udy - NONYClerk's ministerial duty prohibits her from accepting the dectaration of candidacy from any of the above-referenced individuals or printing their names on the Republican ballot. The Vernon County Clerk must be prohibited from accepting such candidacies and from printing such names on the Republican ballot and to the extent she has already done so, she must be mandated to reject such candidates and remove their names from the ballot, Respectfully submitted, MCcCLoskey, P.C, By:_/s/ Mark T. McCloskey Mark T. McCloskey, #36144 Patricia N. McCloskey, #36153 ‘The Niemann Mansion 4472 Lindell Blvd. St. Louis, Missouri 63108 (314) 721-4000 telephone (314) 721-3664 facsimile McCloskeyLaw@aol.co1 Attorneys for Relators Certificate of Service A copy of the forgoing was served on all counsel of record through the court's electronic filing system on this 4th day of April, 2024.. Js/ Mark T. McCloskey 13, - poly Ayeouonsea Wd 01:10 #202 ‘ro Iudy - NON:24VE-CV00185 IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI VERNON COUNTY REPUBLICAN COMMITTEE, by and through CYNDIA HAGGARD, Chairman, Cause No. Relator, ADRIENNE LEE, ‘VERNON COUNTY CLERK, ) ) ) ) ) ) ) ) ) ) Respondent. ) PETITION FOR WRIT OF PROHIBITION AND/OR MANDAMUS COMES NOW, the Vernon County Republican Committee, by and through its Chairman, Cyndia Haggard, and moves this Court to enter its Order in Prohibition and/or Mandamus against Adrienne Lee, County Clerk of Vernon, Missouri, and for cause would state as follows: 1. Cyndia Haggard (hereinafter "Haggard") is the duly elected Chairman of the Vernon County Republican Committee (hereinafter the "Committee"), charged with enforcing the decisions of the Executive Committee of the Committee. 2, Adrienne Lee is the elected County Clerk of Vernon County Missouri (hereinafter the n of the State of Clerk"), charged with applying and conforming with the laws and Constit Missouri. 3. That the Committee is solely responsible for determining who may run as Republican candidates for Vernon County elective offic 4, That on behalf of the Committee, Haggard sent notice to the Clerk stating that several individuals who sought to file their candidacy as Republicans for the primary election to be held ‘on August 6, 2024 did not meet the minimum requirements of the Committee for inclusion on the eowonne Jd 6£:90 - PZOZ BL UIE ~ NONUZA - PallRepublican ticket and that their filing fees would not be accepted by the Committee Treasurer. (Exhibit 3 attached hereto) 5. Those ink duals include Brent Banes, Lena Kleeman, Michael Buehler, and Kelsey Westerhold. 6. That, nonetheless, the Clerk, on Tuesday, February 27, 2024, accepted the filing fees from the above-referenced individuals and has indicated that their names will be included on the primary ballot as Republican candidates. 7. That Haggard has placed the Clerk on notice that the filing fees of each such individual has been rejected by the Committee Treasurer and that the checks tendered as filing fees have been retumed to the Clerk. 8. ‘That, pursuant to RSMo. 115.357.1 "each candidate for ... county office shall before filing his or her declaration of candidacy, pay to the treasurer of the . .. county committee of the political party upon whose ticket he or she seeks nomination a certain sum of money (emphasis added) 9. That pursuant to RSMo. 115.357.5, "no candidate's name shall be printed on any official ballot until the required fee has been paid”. 10. That under the law of the State of Missouri, the definition of “payment of a filing fee" is the acceptance of such fee by the political party under whose banner an individual seeks to run, As stated in Miller v. Carnahan, No. 06-5032-CV-RED (W.D. Mo. 2006), "[t]he Democrat party did not accept the fee, thus the fee was never paid as required by statute.” 11, That although the Clerk has the right under statute to take the filing fee from a potential candidate, the Clerk's duty is to forward such fee "promptly" to "the treasurer of the appropriate party committee". RSMo. 115.357.2 202 "BL YO. = NONYSIA12, The law is clear that a potential candidate must perfect payment of his or her filing fee prior to filing his or her declaration of candidacy. 13. None of the above listed potential candidates have perfected the payment of their filing fees and are therefore barred from filing their declaration of candidacy. 14, Consequently, the Clerk is prohibited by statute from accepting such potential candidate's declaration of candidacy and is prohibited from including their names on the Republican ballot. 15. Each such individual is free to file under any other party's ticket, or as an independent, but they cannot be included on the Republican ballot. WHEREFORE, the Vernon County Republican Committee respectfully prays that this Court enter its Writ of Prohibition and/or Mandamus, prohibiting the Clerk of Vernon County, Adrienne Lee, or anyone acting on her behalf or under her authority, from accepting the candidacy of or including on any official printed ballot the names of Brent Banes, Lena Kleeman, Michael Buehler and Kelsey Westerhold as Republican candidates for Vernon County lective office and/or to the extent that the Clerk has already accepted such candidacy and/or printed such ballots, she must be mandated to reject such candidacy and remove such names from the ballot. 14 Ajeowosoaig Wed 86°90 - 202 ‘6 UDB - NONSSA,Respectfully submitted, ‘MCCLOSKEY, P.C, By:_/s/ Mark T. McCloskey Mark T. McCloskey, #36144 Patricia N. McCloskey, #36153 ‘The Niemann Mansion 4472 Lindell Blvd. St. Louis, Missouri 63108 (314) 721-4000 telephone (314) 721-3664 facsimile McCloskeyLaw(@aol.com Attorneys for Relators Wed 66°90 - 7202 “6 YOUEW - NONUAA - Pals Aeoruosj991324VE-CVv00185 IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI a s 5 2 3 VERNON COUNTY REPUBLICAN ) COMMITTEE, by and through ) = CYNDIA HAGGARD, Chairman, ) g ) ‘Cause No. zB Relator, ) 8 ) 7 ) 8 ADRIENNE LEE, ) 8 VERNON COUNTY CLERK, ) 2 ; 2 Respondent. ) ‘(0 EXHIBITES EXHIBIT PAGE Exhibit 1, Affidavit of Cyndia Haggard . Exhibit 2, February 6, 2024 Letter Haggard to Lee Exhibit 3, March 5, 2024 Letter Haggard to Lec ... sarees 4 Exhibit 4, March 11, 2024 Letter, Lee to Haggard ...24VE-CV00185 TATE OF MISSOURI COUNTY OF VERNON: My name is Cyndia Haggard, | am over the age of eighteen and all the facts recited herein are true and correct to the best of my knowledge, information, and belief Wid 68:90 - #202 ‘61 YOAEW - NONYBA - Pay (cd Chairman of the Vernon County Republican Committee, 1. Lam the duly el 2, Adrienne Lee is the elected County Clerk of Vernan County Missouri 3. The Vernon County Republican Commitice has created and approved a vetting am must procedure with which any candidate that desires to run for County office asa Republi comply and be approved. 4, Any prospective candidate who either doesn’t mect the minimum qualilications established by such vetting procedure or who reluses to to be vetted will not be permitted to nun for aflice as a Repubican, 5. In this election eyele. several individuals who desired to 1un for county offive as Republicans refused to be vetted and were informed that, therefore. they would not be accepled to runas Republicans, 6. Those individuals include Brent Bunes, Lena Kleeman, Michael Bucher. and Kelsey Westerhold. 7. On February 6, 2024, 1 sent a notive to Adrienne Lee, Vernon County Clerk, st that those individuals who sought to file their candidacy as Republicans for the primary eleetion to be held on August 6, 2024 did not meet the minimum requirements of the Committee forinclusion on the Republican ticket and that their filing fees would not be accepted by the Vernon County Republican Committee Treasurer. ccepted the 8, I subsequently learned thal the Clerk, on Tuesday, February 27, 2024. -nced individuals and has indicated that their names will be filing fees from the above- included on the primary ballot as Republican candidates. fees of each such 9. Upon so learning, 1 onee again informed the Clerk that the fl individual had been rejected by the Vernon County Republican Committee ‘Treasurer and that the checks tendered as filing fees have been returned to the Clerk, 10, | further informed the Clerk that because the filing fees of such individuals had been rejected, that their names must be removed from the Republican ballot 11. tn response, T was told hy the Clerk that she was not going (o remove the names znd that she believed that she was aeting appropriately. 12, The above-referenced potential candidates have all been notified that their candidacy as Republicans has been rejected and thal they cannot run as Republicans. Further Affiant sayest not, Cyndia Haggard 2024. Swom lo and subscribed to by me on this __ day of March Notary Public ‘Ayeaiuonser3 id 6:90 - #202 "6: UOJEWN - NONUBA - Pa)February 6, 2024 Adrienne Lee Vernon County Clerk 100 West Chosry Street Nevada, MO 64772 DELIVERED BY MAIL AND BY EMAIL Re: RSMo115.357 Acceptance of Filing Fees ‘Acceptance of Republican Candidacies Bear Ms. Lee: ‘As you know, the Vernon County Republican Committee {VCRC) is vetting candidates who intend to file as Republicans tor county-wide elected office in 2024, We have asked you to send Republican candidates to us rather than accept thew filing fees in your office. However, our ‘undarstanding is that per the option stated in 115.357.2, you intend to accept filing fees directly from candidates. While ‘you may da so, you may not then Immediately accept their declaration of candidacy as a Republican. Doing so is a ‘violation of 115,357.1 which states the fling {ee is to be paid t0 the committee treasurer before filing the declaration of candidacy, 195,357.1,“seeoh candidate. shal, fare fing his 0 her dectorotion Bf coed Pay to the eeosurer of the. caarby cammisine af the pail port ypon wise teket he of she seeks qannation a cert sum of more. You must therefore advise any candidate wishing to fle with the Republican party that the VCRC treasurer must first accept their candidacy. (Candidates who do nat wish to wait for our treasurer to accept their iting few may file instead with another party or as an independent.) Dur treasurer's namo and address: April Mosher, 14028 €. Osage Nation Rd, Nevada, MO 64772 The VCRC treasurer will not accept the filing fee of anyone who has not been successfully vetted. The VCRC hay mace this known to you, ta ail Republican incumbents, and to all Republican challengers of whom we are aware. You will be able to identify successfully vetted candidates because those candidates will show you a $100 paid receipt from the VCRC treasurer. [At this time, the following. individuals have been advised of the requirement to be vetted but have not chosen to do so. Incumbents: Cindy Thompson, Everett Wolf, Kelsey Wosterhold, Lena Kleeman, and Brent Banes. Knuwn Challengers: Mike Buehler Therefore, the VCRC will not accept their candidacy with the Republican party, although they are free to file with any other party or 25 an Independent. Should any af these «dividuals elect to compiete the vetting process priar to the clase of fling on March 26th, your office will be promptly notified. Should you have any questions or comments, please respond by email to veremo@gmail.com or ta the address below Respectfully, Se PETITIONER'S yn hoard EXHIBIT midi Hoggan Guanvemn comeytepitteoncommince = UL 429 W, Lee St, Nevada, MO 68772 Wid 68:90 - 9202 “61 HOE - NONMAA - Paily AreotuoNDaISMarch 5, 2024 Adrienne Lee, County Clerk Vernon County Clerk's Office 100 West Cherry Nevada, MO 64772 Re: Candidate Filing Fees Dear Ms. Lee: thas come to our attention you atcepted filing fees on Tuesday, February 27, 2024 from the following, individuals: Brent fanes, Lena Kleeman, Michael Buehler, and Kelsey Westorhold, al attempting to file as candidates on the Republican Parly ticket, and all subrmiting their filing fees directly to you. ‘On February 6, 2024, | provided you with a letter indicating these candidates had been rejected by the ‘Vernon County Republican Party for failing to comply with our Party's rules and further indicating they would remain rejected and that their filing fees would not be accepted by the VCRC treasurer until compliance with our rules had been demonstrated. A copy of that correspondence is included for reference. You are also aware that were the rejection to be lifted, the candidates would then pay our committee treasurer directly, as has been our policy in previous years, and with which the county derk’s office has previausly complied by directing Republican candidates to our treasurer. You are also aware our treasurer would give them a paid receipt, and they would show that receipt to you as proof the filing fee had been paid to the appropriate committee treasurer prior to tifing their candidacy, as required by 115.357.1, None of these individuals possessed a paid ceceipt from our treasurer, yet you allowed them, to file their candidacy when yau administratively accepted their lig fee, in violation of both 115.357 1 and potentially 115.357.5, At this time, we are advising you these candidates remain rejected by our party and are therefore not autharized by our Central Committee to file with the Republican Party in our county. Accordingly, to be in compliance with the above stotute and subsections, you must remove their names from the bailat as Republicans. This letter is our demand that you do 30 as quiekly us possible, so thal such individuals can attempt to file 0s other party’s candidates, ar as independent candidates, prior to the end of the filing period on March 26, 2024. This request is made in compliance with Missouri statutes and case law ane does nat in any way preclude or interfere with any candidate's ight to run for any office. These candidates will be free to refile with another party or as Independents. Please cantirm this has been dane and if not, your justification for your refusat and an explanation for your wilful interference with our first Amendment right af political association Respectfully, aS yndia Haggard halt, Vernon County Central Committee PERITIONER'S ce: Counsel EXHIBIT id 68:90 - #202 “61 UOJENN = NONMSA - Patls ArletuOHIDaISCyndi 420 W Lave Neva. MO 64772 (Cardia Ving Hoes Ms Hozaae 1 om in receipt of yous letter date] Man 3,204 To cnnfcm, the flowing seividunis ‘sluited sea jd the requinsd sums to the Couns Clerk's fice whieh were Forwarded resp) the reas of te apquerins py cerita tiled dee laratlon teams nd Candids Atdanit Tas Pasties and Isodig Regusreinens Rent Rance: Lean Kleeman: Michael Buchler Kelsey Westerboki We respect the Verma eo is Inawewer a cs electinw sani ay coed athe Cemaidaion a he Ui Siales af he Sute of Mesoui ted sic law Cslstl eandidaey fe pic office ie sovteetable. ley insert, Tht is why Hse ate ollval standen pascal for challenging and tminaing @ eandidacy. While eres anti demonstra sehave hitocntls pid the ‘Your assertion if latitsal § 11 957 SMe are reste al bl tf, Secron 118.397, RSM clearly aunts ta rusted wane Ne slg hy the cana fo the oficial uecepting his or her elavstion canna. cl sequres to sks abit te ine ficial nevepsing se cat's natin of waaay 90 ast ya yy the sificial ta Whe teserer ad wie uypaiats att: 2o-aee fm ecu she eta se pave. Venn < laity has compa! rh ae wit FeQuireMenS ein dts wo encepe ce tiling soweestd the Fog Fee, te Mists ‘re ministerial. ‘Ay he Leal tection auth Fa deelaraing oF cane akg sesso ad i¢ ser) ages and acess "estas ‘Supeme Cust fas reeuprized cat hsp lea, ba lng ches eri Wid 68:90 - £202 ‘61 UIEW - NONUBA - Pali AteoluaNDESCCasesin Missouri and elsewhere have wicryob qustious ef eligibility and qualificalians of a ‘candidate be anowered by the cours, at not assessed an adage by the cletion aunty. Jn the event thatthe Yerwon Counly Cantal Cooumitee sceks decleration by a cout repandng the removal of ove of moe rane fit Ue allt, we believe that w court will evaluate ‘the imerests of the Verane County Ceawral Carnie and the purgovted vesting schexe in reliionto the United Stas Constincion, dhe Missauri Consutation, ns the corapreensive locos lowxof the Sate of Minas including specifically those relating to primary cles ons. U;inately. its mat merely the Con cal Conus’ Fist Amvernnvent rights a stake but those cf all Repaldiesis and Democrats. Verma Countins and Misra. Faaher, we ate tware thatthe Vernon County Central Comimitnc’s paon on hve snes is aot in accoid with 8 majority oF the Ca Conuitecs i the Seas. te Stare Connie's positon vt snd nay’ beat ods with Missows open primary slocton ls. Av hissing fhe Veron Conety Cental Comic desires te have a pacar angdate or candidates" somes removed fom the ballot es Republicans as the lcal election _xothoviy Iwill need 8 cnet onder is onder us dy go inoue t0 peri a rt of lee determine the respesive legal righ of potentially interested parses. inchating che Veron Coury Reyulcan Central Coeamitee and cawlidaes for loca otic, among thes. Coats Che es Counsel Wie 68:90 - #207 ‘61 UW - NONNAA - Palla Aestuono=ia,24VE-CV00185 jeqwonoera IN THE CIRCUIT COURT OF VERNON COUNTY MISSOURI VERNON COUNTY REPUBLICAN COMMITTEE, by and through CYNDIA HAGGARD, Chairman, Cause No. Relator, 2 6 2 Wa 6¢ ) ) ) ) ) ) ) ADRIENNE LEE, ) VERNON COUNTY CLERK, ) ) Respondent. ) SUGGESTIONS IN SUPPORT OF RELATOR'S PETITION FOR WRIT OF PROHIBITION AND/OR MANDAMUS COMES NOW Relator, and in support of her Petition for Writ of Prohibition and/or Mandamus would state as follows: FACTS Relator is the duly elected Chairman of the Vernon County Republican Committee. Respondent is the duly elected Clerk of Vernon County, State of Missouri who as a public official is subject to this Court's jurisdiction in Prohibition and/or Mandamus. Curtis v ‘Mo. Democratic Party, 548 S.W.34 909 (Mo. 2018).. The Vernon County Republican Committee (the "Committee"), and the Committee alone, has the authority to decide who can and cannot run as Republicans in county election: [T]he Court has recognized that the First Amendment protects ‘the freedom to join together in furtherance of common political beliefs,’ . .. which ‘necessarily presupposes the freedom to identify the people who constitute the association, and to limit the association to those people only’. California Democratic Party v. Jones, 530 U.S. 567, 574(2000) (internal citations omitted)‘The Committee has established a "vetting" process by which potential candidates who desire to run for County office as Republicans are assessed to determine if they meet the ‘minimum requirements of the Committee to run as Republicans. If potential candidates either don't pass the vetting process or refuse to be vetted, the Committee will not accept their candidacy. (Exhibit 1, Affidavit of Cyndia Haggard) Prior to the first day of the filing period for candidates in Vernon County, Cyndia Haggard, in her capacity as Chair of the Committee, sent to the Clerk of Vernon County, Adrienne Lee, correspondence identifying potential candidates who desired to run as Republicans but who had refused to be vetted. Cyndia Haggard informed the Clerk that such potential candidates would not be accepted as Republican candidates and that their filing fees would not be accepted. (Exhibit 2, February 6, 2024 letter from Haggard to Lec) ‘Subsequently, Haggard sent correspondence to the Clerk once again stating that certain potential candidates had been rejected by the Committee and that their filing fees would not be and were not accepted by the Treasurer of the Committee and that their names must be removed from the Republican ballot, (Exhibit 3, March 5, 2024 letter, Haggard to Lee) Such individuals are Brent Banes, Lena Kleeman, Michael Buehler and Kelsey Westerhold. The Clerk has informed the Committee that regardless of what the Committee has directed, the Clerk would perform what she believed to be her "ministerial duty" to accept the candidacy of those individuals in that they had tendered to her their filing fees. (Exhibit 4, March 11, 2024 letter, Lee to Haggard) (OZ ‘61 UOJEWN ~ NONY3A - Pel We 66°90 - F‘The Committee has informed the Clerk that each such potential candidate's filing fee has been rejected by the Committee Treasurer and returned to the Clerk, and that each such potential candidate has been so informed. (Exhibit 1, Affidavit of Haggard) ARGUME! AND AUTHORITY ‘The procedure for filing for and being eligible for running under a given political party's ticket is defined by statute, ie., RSMo. 115.357, et seq. RSMo. 115.357.1 states "each candidate for ... county office shall before filing his or her declaration of candidacy, pay to the treasurer of the . . . county committee of the political party upon whose ticket he or she seeks nomination a certain sum of money . .." (emphasis added) RSMo. 115.357.5 states: "no candidate's name shall be printed on any official ballot until the required fee has been paid”. Under the law of the State of Missouri, the definition of payment of a filing fee is the acceptance of such fee by the political party under whose banner an individual seeks to run. As stated in Miller v. Carnahan, No. 06-5032-CV-RED (W-D. Mo. 2006), "[(Jhe Democrat party did not accept the fee, thus the fee was never paid as required by statute." Although the Clerk has the right under statute to take the filing fee from a potential candidate, the Clerk's duty is to forward such fee "promptly" to "the treasurer of the appropriate party committee", RSMo. 115.357.2. ‘The law is clear that a potential candidate must perfect payment of his or her filing fee prior to filing his or her declaration of candidacy. None of the above listed potential candidates have perfected the payment of their filing fees and are therefore barred from filing their declaration of candidacy. evo NONBA - Be We 6€:90 - pzaz ‘6 EW.Consequently, the Clerk is prohibited by statute from accepting such potential candidate's, declaration of candidacy and is prohibited from including their names on the Republican ballot. ‘The Clerk's ministerial duty precludes her from accepting a declaration of candidacy from any candidate who cannot demonstrate that his or her filing fee has been paid, which requires icceptance of such fee by the Committee Treasure Consequently, the Vernon County Clerk has exceeded her authority in accepting the declaration of candidacy from the above-referenced individuals, ‘The Vernon County Clerk must be prohibited from printing on any official Republican ballot the names of the potential candidates identified above. Each such individual is free to file under any other party's ticket, or as an independent, but they cannot be included on the Republican ballot. CONCLUSION “Freedom of association would prove an empty guarantee if associations could not limit control over their decisions to those who share the interests and persuasions that underlie the association's being" Democratic Party of United States v. Wisconsin ex rel. La Follette, 450 US. 107 (1981). Or, as stated by the United States Supreme Court, "[tJhere is simply no substitute for 8 party's selecting its own candidates." California Democratic Party v. Jones, supra, at 581 The statute governing candidate filing is clear and unambiguous: No one who has not first paid his or her filing fee can declare for office, and no one who has not had his or her filing fee accepted by the Treasurer can have his or her name printed on a party's official ballot. The Clerk's ministerial duty prohibits her from accepting the declaration of candidacy from any of the above-referenced individuals or printing their names on the Republican ballot. The Vernon County Clerk must be prohibited from accepting such candidacies and from printing such names 1A ~ Pally Ayeoruo. 2OZ ‘Bb YOUEIN - NONE: We 6» on the Republican ballot and to the extent she has already done so, she must be mandated to reject such candidates and remove their names from the ballot. Respectfully submitted, McCLoskey, PC. By:_// Mark T. McCloskey Mark T. McCloskey, #36144 Patricia N, MeCloskey, #36153 ‘The Niemann Mansion 4472 Lindell Blvd, St. Louis, Missouri 63108 (314) 721-4000 telephone (G14) 721-3664 facsimile McCloskeyLawi@aol.com Attorneys for Relators Wd 66°90 - ¥20Z ‘61 UOIEWN - NONUAA - Pal