JEFFERSON CITY — An appellate court dismissed an appeal in a case involving a request for a permanent writ of mandamus ordering eight candidates not to be placed on the ballot as Republican candidates in next month's primary.
In the judgment, the court found the county clerk failed to perform the statutory ministerial duty of receiving a receipt from the committee before accepting each candidate's declaration of candidacy.
The clerk argued that she did not have a duty to wait until she received a receipt from the committee before accepting the candidates' declaration of candidacy and putting their names on the primary ballot.
Adrienne Lee, the Vernon County Clerk, appealed the judgment granting the Vernon County Republican Committee’s (VCRC) request for a permanent writ of mandamus, which ordered that the eight candidates not be placed on the ballot as Republican candidates in the August 2024 primary election.
The appeal was dismissed as moot since the statutory authority to provide relief had expired, Judge Lisa White Hardwick wrote in the July 2 decision.
The eight candidates, including four incumbents, sought to run as Republicans in the August 2024 primary and they submitted their filing fees and declarations of candidacy to the county clerk, who forwarded the fees to the VCRC.
The VCRC returned the checks, informing the clerk that they did not accept the fees because the candidates had not undergone a vetting process established by the VCRC, according to the court document. These candidates refused to be vetted, leading the VCRC to reject their candidacy.
The VCRC filed a petition for writ of prohibition and/or mandamus, requesting the court to order the county clerk not to accept the candidates and not to place them on the ballot.
On April 8, the court issued a preliminary order in mandamus to this effect and after a trial on stipulated facts, the court issued a permanent writ of mandamus on May 9, confirming the order.
The county clerk appealed on May 16, and sought to expedite the appeal.
The VCRC opposed the motion. An order on May 22, stayed enforcement of the judgment and placed the candidates’ names on the ballot until further notice.
However, Hardwick writes that both parties asserted that the case was now moot.
According to Section 115.125.3, no court can order ballot changes less than eight weeks before an election.
"The Supreme Court has interpreted this language to prohibit any ballot modifications after the eighth Tuesday before the primary election," Hardwick wrote in the decision.
The eight-week deadline for this case expired on June 11, according to the court document.
Therefore, the names of the eight candidates could not be stricken or removed from the ballot, making the case moot. Any decision would have no practical effect, as the ballots could no longer be changed.
The VCRC argued that the case was moot when the appeal was filed and that the court had no authority to issue the stay order. However, the court found the case became moot only after June 11. The VCRC could have challenged the stay order but did not.
The VCRC requested the court to consider the public interest exception to the mootness doctrine, which allows an appellate court to hear a moot case if it is of general public interest, likely to recur, and likely to evade review.
The court found that the issue of whether the county clerk must receive a receipt from the political party is capable of review in future cases, Hardwick wrote.
Both parties requested additional relief, with the VCRC seeking to lift the stay order, and the county clerk requesting to vacate the circuit court’s judgment.
The court declined both requests, as there was no practical effect on the ballot.
Mark T. McCloskey represented the respondent. Travis A. Elliott represented the appellant.
Attorneys did not return requests for comments.
Missouri Court of Appeals Western District case number: WD87195