[Charter-Com] Filing as an Independent

[Gail Shorney]

Based on a conversation with a caller today I began to research the issue of state requirement for independent filing.

Under State Statute the requirement is found in (115.321.3 RSMo 2000 subsection 4), in order to file as an independent candidate, the candidate must gather valid signatures from registered voters equal to 2% of the voters who voted in the last election for that office.  "In a District or County office: Registered voters in the district or county which is equal to at least 2% of voters of the total number of voters who voted at the last election for candidates for the office being sought or is equal to 10,000 voters, whichever is less."

I have spoken with the Sect. of States Office for interpretation and they did not have an answer. We will be dealing with a new office, county council, and there is no precedent in this case, i.e. the office being sought.

Will we have to refer to the state statute and require 2% registered voter signatures on a petition as dictated in the state statute or will we need to write a requirement  into the Charter for  filing as an independent?  I was referred back to the legal minds on the commission. They also suggested that we might get an answer or some help from the Missouri Municipal League.

There are currently four parties registered in Missouri with the Secretary of State's Office. There may soon be a fifth," Constitutional Party" that has recently registered.  There is no Independent Party filed in Missouri and if we open up the positions to Independents they will have to meet different requirements than those who file as members of the recognized parties in the state.  

Before we get into the writing of the Charter, we had better clarify this issue for the drafting committee.

Gail Shorney
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