) ) ) ) ) ) ) ) ) VERIFIED PETITION TO CONTEST ELECTION 1

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IN THE CIRCUIT COURT OF JACKSON COUNTY, MISSOURI
AT KANSAS CITY
In the matter of the Contest of the Primary Election
Conducted on August 3, 2010
For the Office of State Representative
District No. 40
WILL ROYSTER
3500 Gladstone Boulevard
Kansas City, Missouri 64123
v.
JOHN J. RIZZO,
511 Holmes Street
Kansas City, Missouri 64106
KANSAS CITY BOARD OF
ELECTION COMMISSIONERS,
1828 Walnut, Ste. 300
Kansas City, Missouri 64108
JACKSON COUNTY BOARD OF
ELECTION COMMISSIONERS,
215 N. Liberty
Independence, Missouri 64051
Contestant,
SECRETARY OF STATE OF MISSOURI,
ROBIN CARNAHAN,
615 E. 13 th Street, #513
Kansas City, Missouri 64106
And
CLERK OF THE JACKSON COUNTY
LEGISLATURE, MARY JO SPINO,
415 E. 12th Street, 2 nd Floor
Kansas City, Missouri 64106
Contestees.
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VERIFIED PETITION TO CONTEST ELECTION
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COMES NOW, Contestant, Will Royster, by and through his attorneys of record and for
his Verified Petition to Contest Primary Election states to the Court as follows to wit:
PARTIES
1. Contestant, Will Royster, is a resident of Jackson County, Missouri and was a
candidate for the office of State Representative for the 40 th Legislative District,
Jackson County Missouri, in the Democrat primary election held on the 3 rd day of
August, 2010 (sometimes hereinafter referred to as "primary election").
2. Contestee, Kansas City Board of Election Commissioners, is a necessary party to this
action, due to the fact that one remedy sought will be a new election, which would be
conducted by the Kansas City Board of Election Commissioners, and will necessitate
the action by it.
3. That Contestee, Jackson County Board of Election Commissioners, is a necessary
party to this action, due to the fact that one remedy sought will be a new election,
which would be conducted by the Jackson County Board of Election Commissioners,
and will necessitate action by the Board.
4. That Contestee, Mary Jo Spino, in her official capacity as Clerk ofthe Jackson
County Legislature, is a necessary party to this action, due to the fact that one remedy
sought will be a new election, which may necessitate a new ballot or other action by
the Clerk of the Jackson County Legislature.
5. That Contestee, Secretary of State of Missouri, Robin Carnahan, in her official
capacity, is a necessary party to this action, due to the fact that one remedy sought
will be a new election, which would necessitate action by the Secretary of State of
Missouri.
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6. That Contestee, John Rizzo, as a candidate for the Democratic Party nomination to
the 40 th District Missouri House of Representatives, is a necessary party to this action,
due to the fact that remedies sought will be a recount or new election, which would
directly impact his candidacy and necessitate action by him and his campaign.
JURISDICTION AND VENUE
7. That jurisdiction and venue is proper in this Court and that all of the acts involved in
this matter have taken place in the State of Missouri, in Jackson County, Missouri and
jurisdiction is proper with the Circuit Court of said County, pursuant to RSMo
115.529, which states that "Circuit Courts shall have jurisdiction to hear and
determine all primary election contests."
SUMMARY OF THE CASE
8. Contestant, Will Royster, contests the validity of the election and results of the 40 th
Legislative District race for the Missouri House of Representatives, and sets forth in
this Petition the points on which the Contestant wishes to contest the election and the
facts the Contestant will prove in support of such points and praise leave to produce
such proof.
9. That the Contestees conducted the primary contest for the Democratic Primary for the
Missouri House of Representatives, District No. 40, which was held on the 3 rd day of
August, 2010.
LAW OF THE CASE
10. That less than 5 days after the official announcement of the results of said primary
election have lapsed prior to the filing of this Petition, pursuant to RSMo 115.526.2.
11. Section 115.539 RSMo, states that "ifthe Court finds there is a prima facie showing
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of irregularities which placed the result of the primary election in doubt, the Court
shall order a recount of all votes brought in question by the Petition or its Answer.
Where the issue is drawn over the validity of certain votes cast, a prima facie case is
made if the validity of a number of votes equal to or greater than the margin of defeat
is placed in doubt ..." See also Section 115.583 RSMo. regarding General Elections.
12. Section 115.549 RSMo., states, in part, "If any court trying a contested primary
----------------~e~kclffi~erennme~~~~ifi~~afirie~fmHffcient~a~de1~~~6Ub~n~-------­
the validity of the initial election, it may order a new primary election for the
contested office ..." See also Section 115.593 RSMo. regarding General Elections.
13. Section 115.601.1 RSMo., states, in part, Any contestant in a primary or other
election contest who was defeated by less than one percent of the votes cast for the
office and any contestant who received the second highest number of votes cast for
that office if two or more are to be elected and who was defeated by less than one
percent of the votes cast, ...., shall have the right to a recount of the votes cast for the
office or on the question."
14. Precincts are geographical areas into which each election authority of this State must
divide its jurisdiction for purposes of conducting elections. Sections 115.013 (21)
and 115.113 RSMo.
15. For each election within its jurisdiction, the election authority (the Board of Elections
in the case of Jackson County) "shall designate a polling place for each precinct
within which any voter is entitled to vote at the election ..." Section 115.115.1
RSMo.
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16. The election authority may consolidate two or more precincts for voting at a single
polling place, but only if the precincts are adjoining. Section 115.115.2 RSMo.
17. Each election authority "shall" use the "Missouri Voter Registration System"
established by Section 115.158 RSMo. to prepare a list oflegally registered voters
for each precinct. The list "shall" be arranged alphabetically or by street address as
the election authority determines and shall be known as the precinct register. Section
----------------~l~~I~fto-.----------------------------------------------------
18. The election authority "shall" send to each registered voter, a voter identification card
containing the name and address ofthe voter, and the voter's correct precinct and
polling location at which the voter may vote. {Section 115.163.3 RSMo.}. The
election authority "shall" deliver, among other things, to the election official or to
polling place the "appropriate ballots ..." {Section 115.415 RSMo.}.
19. With limited exceptions pertaining to ownership of real property and absentee voters
(which are not applicable here), "no person shall be permitted to vote in any election
unless the person is duly registered in accordance with this chapter. {Section 115.139
RSMo.}. Voters "shall have the duty to appear and vote at the correct polling place."
{Section 115.430.2(3) RSMo.}
20. The election judges located at the polling places "shall not permit any person to vote
unless satisfied that such person is the person whose name appears on the precinct
register. {Section 115.429 RSMo}. Provisional ballots cast at a polling place
because the voter in question appears ineligible to vote at that voting place shall be
counted only if the voter was eligible to vote at such polling place ... " {Sections 115.
430.2 (3), 115.430.5(1)(a) and 115.430.2(1) RSMo.}
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21. Polling places are required to be so equipped as to allow voters to vote in secret.
(Section 115.411 RSMo.)
22. Election judges "shall not permit any person to vote unless satisfied that such person
is the person whose name appears on the precinct register. Section 115.429 RSMo.
23. Before receiving a ballot, each voter must present personal identification. Section
115.429 RSMo. Election judges shall not permit any person to vote unless satisfied
-----------------ffithffi~clrp~~ep~~~e~~pear~niheprecin~~~~efl6n----------
115.429 RSMo. Election judges shall initial each voter's identification certificate,
which then shall constitute the poll list. Section 115.431 RSMo.
24. After the voter's identification certificate has been initialed, two judges of different
political parties ... shall where paper ballots or ballot cards are used, initial the
voters' ballot or ballot card. Section 115.433 RSMo. Ballots without initials shall be
rejected except as provided in Section 115.457 RSMo.
25. Except in very limited circumstances, "no one other than the voter shall be permitted
in any voting booth or permitted to be in any position where he may see how a voter
is voting." Section 115.445 RSMo.
26. Only the voters, and a limited number of qualified officials and others specifically
designated by statute may be admitted to any polling place. Section 115.409 RSMo.
Campaign workers and those engaged in electioneering may not be present at the
polling place where the voting occurs. See Section 115.409 RSMo.
27. If a voter declares under oath to the election judges that he cannot read or write, is
blind or has any other physical disability and cannot vote his ballot, he may be
assisted by the election judges or by any person of his own choice other than a
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judge." But no person other than election judges and members of such voters'
immediate family, shall assist more than one voter at one election. Section 115.445.
1-3, RSMo.
28. The Missouri Constitution expressly guarantees that "all elections shall be free and
open; and no power, civil or military, shall at any time interfere to prevent the free
exercise ofthe right of suffrage." {Mo. Const. Art. I, § 25}.
------------.t.2'¥9~. lA'A..mc--le----I,-Seetien--2-ef-the-MisselH'i-{;ellStimtiBll-State--s,-in-pat4,-that;-'!all-peFSel1"ln~S-flarlt'fe~----­
created equal and are entitled to equal rights and opportunity under the law; that to
give security to these things is the principal office of government, and that when
government does not confer this security, it fails in its chief design." {Mo. Const. Art.
I, § 2}.
30. Article VIII, Section 2 of the Missouri Constitution states, in part, that "All citizens of
the United States, including occupants of soldiers' and sailors' homes, over the age of
eighteen who are residents of this state and of the political subdivision in which they
offer to vote are entitled to vote at all elections by the people, if the election is one for
which registration is required if they are registered within the time prescribed by law
..." {Mo. Const. Art. VIII, §2}.
FACTS COMMON TO ALL COUNTS
31. That Contestee, Kansas City Board of Election Commissioners, conducted the
Democrat primary election for the seat of 40 th Legislative District, Missouri House of
Representatives on the 3 rd day of August, 2010.
32. That according to the certified (official) results of said primary election, the margin of
vote difference between the candidates was determined to be 3, with Contestant
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eceiving 664 votes, and Contestee, John J. Rizzo, receiving 667 votes. Contestee
Rizzo was declared the winner of said primary election.
VOTING IRREGULARITIES
33. That there were several eyewitnesses who personally observed multiple violations of
election laws and multiple irregularities in one or more precincts with respect to
handling ballots, signing voter registration records and certificates, voting by
---------individnals-not-authorized to vote, directirtgi}thers-how-to--vote;etioneering-inc-------­
prohibited areas within the polling places, and in the general conduct of elections,
including, but not limited to ward 11, precincts 3, 4 and 8, at the Garfield Elementary
School polling place, as well as ward 11 precinct 5 at the Kansas City Museum.
KANSAS CITY MUSEUM
34. On information and belief, at the polling place for Ward 11, precinct 5, an adult
Somali male escorted a group of approximately three or four Somalis into the polling
place. None of the adult Somalis were able to communicate with election officials
about voting procedures or which ballot they wanted to cast in the primary election.
35. On information and belief, the adult male, seeing that the Somalis were unable to
determine for whom to vote, exited the polling place and returned momentarily with a
"Rizzo" yard sign. He stood directly in front of the Election Judge's table, pointed to
the sign and publically advised the other adult Somalis to vote for "this one, this one."
36. On information and belief, the "Rizzo" yard sign was then propped up against the
Judge's table for at least 10 to 15 minutes in full view of every voter who entered the
polling place.
37. On information and belief, this action was reported to the supervising Judge of that
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precinct, who took no action to remove the sign.
38. On information and belief, the Somali adult male accompanied the voters to a table
where they sat to vote, stood over the voters while they voted, continually talked to
them and pointed at specific things on the ballot and instructed the voters how to cast
their vote and for whom to vote.
GARFIELD ELEMENTARY SCHOOL
-------~39;_Bn_information_and_betief_,__a_Somali-male-who-represented-himself-as-an-"-tnterpreteIF,,'------­
entered the polling location at Garfield Elementary School accompanied by groups of
4 to 8 Somali individual voters at a time.
40. On information and belief, the adult male who accompanied the Somalis assisted
them in voting by handling the ballots of the voters, completing some of the ballots,
instructing others to cast a "vote for Rizzo" and personally placing multiple ballots
into the voting machine.
41. On information and belief, the election Judge at the precinct challenged the Judge's
supervisor about what was going on and the supervisor instructed the Judge to
continue to allow the interpreter to "do what he was doing."
42. On information and belief, the Somali interpreter was confronted by an election Judge
from another precinct and asked about his credentials. The interpreter advised that
the Somalis for which he was casting votes were "blind and could not speak."
43. On information and belief, there were approximately 25 people from 7:00 a.m. to
7:00 p.m. who voted more than once at the ward 11, Garfield Elementary School
polling place.
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KANSAS CITY BOARD OF ELECTIONS NOTIFIED
44. On information and belief, the election officials at the Garfield Elementary School
polling place notified the supervisors at the Kansas City Board of Election
Commissioners about the apparent voting irregularities.
45. On information and belief, officials from the Kansas City Board of Election
Commissioners responded to the polling location and advised the on sight election
-----------------noflffi~cmhrthart~~rere~t~~~ru~.----------------------------------
UNLAWFUL CONSOLIDATION OF PRECINCTS
46. For the primary election for the 40 th Legislative District, the Election Boards
unlawfully consolidated and moved non-adjoining precincts and polling
places. Specifically, (a) three precincts and their polling places (WD 2-11,
WD 2-12 and WD 2-13) were consolidated with a fourth, out-of-district
precinct (WD 2-10), which is in violation of Section 115.115 RSMo. because
two of the consolidated precincts (WD 2-12 and WD 2-13) are not adjoined
geographically with WD 2-10 (polling place), and (b) precinct WD 2-16 was
unlawfully moved and consolidated with precinct WD 2-11, which also are
not joined geographically as mandated by Section 115.115 RSMo. One such
polling place was improperly moved to the Somali Foundation (St. Mark's
Euclid).
47. On information and belief, in at least one precinct in the 40 th Legislative
District on Election Day, at least four voters were lined up and ready to vote at
the door of the polling place at or before the time of closing of the polls, but
they were denied access to the polling place. On information and belief, the
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official who denied access made derogatory comments about Contestant on
Election Day.
48. On information and belief, the Somali adult male acting as an interpreter on
Election Day is an employee of a not-for-profit foundation, the Somali
Foundation.
49. On information and belief, at least one Supervisor absented himself from his
assigned polling placeirrwhiclnmrltiple irregularities occurred for extended
periods of time on the primary election day.
50. Some ofthe election supervisors or judges in the precincts referred to in this
Petition appeared to be inadequately trained, or they refused or declined to
observe the rules imposed upon election officials at polling places.
51. The votes cast under the cloud of all of the irregularities set forth herein, including
but not limited to, ballots marked or voted by the interpreter/assistant, ballots cast in
the manner and at the specific direction of others, ballots cast in unlawfully
consolidated precincts, are illegal and accordingly must be rejected.
52. On the basis of the irregularities set forth herein, the total of all illegal ballots known
or observed to have been cast exceed the margin of victory reflected in the official
results published by the Election Boards for the office of State Representative 40 th
Legislative District.
53. Further, the irregularities in the primary election for the office of State
Representative 40 th Legislative District were so pervasive that it is not known,
nor can it be determined how many legal ballots and how many illegal ballots
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were cast in the entire district comprising the 40 th Legislative District (State
Representative).
54. The facts and points stated above individually and collectively constitute irregularities
of sufficient magnitude to cast doubt on the validity of the initial election between
Contestant and Contestee, thereby requiring a new, district-wide primary election for
the office of State Representative 40 th Legislative District.
55. Contestant respectfully requests leave to produce proofOfthe pomts and facts abovestated.
COUNT!
REQUEST FOR RECOUNT DUE TO IRREGULARITIES
56. Contestant hereby incorporates by reference each and every allegation contained in
paragraphs 1 through 55 as iffully set forth herein.
57. The facts and points above-stated and the proof thereof demonstrate that the
irregularities in the Democrat primary election for State Representative for the 40 th
Legislative District place the result of that election in doubt.
58. There is a prima facie showing of irregularities, which place the result of the election
in doubt.
59. That the actions of the interpreter/campaign volunteer in personally signing the
registration for the voters, handling the ballots of the voters, and even casting the
votes for multiple voters, is a violation of Missouri law and constitute an irregular
election.
WHEREFORE, Contestant respectfully requests this Court, pursuant to Chapter 115,
RSMo., to issue its order (a) directing a full recount of all votes cast, together with an
examination by hand of all ballots in all precincts to determine the validity of such ballots and
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the votes cast thereon, (b) directing the detennination of the validity of all votes cast and the
proper precincts for voters in the primary election for State Representative 40 th Legislative
District, and (c) allowing Contestant his costs and attorney's fees and for such further relief this
Court deems just and proper.
COUNT II
NEW ELECTION
60. Contestant hereby incorporates by reference each and every allegation contained in
paragraphs 1 through 59 as if fully set forth herein.
61. The facts and points above-stated and the proof thereof demonstrate that the
irregularities in the primary election for the office of State Representative 40 th
Legislative District were and are of sufficient magnitude as to cast doubt on the
validity of said initial election.
62. That due to the actions ofthe alleged interpreter, the irregularities in this primary
election are of such sufficient magnitude as to cast doubt on the validity of the entire
election and a new primary election for this office is warranted.
WHEREFORE, Contestant respectfully requests this Court, pursuant to Chapter 115
RSMo., to issue its order and judgment as follows:
a. Directing that a new, district-wide Democrat primary election for the
office of State Representative, 40 th Legislative District, Jackson County,
Missouri be held;
b. Setting a date of the election as provided by law;
c. Directing the Clerk of the Court to send this Court's order and judgment to
the election authority responsible for conducting the special election;
d. Naming each candidate for the office to be voted on at the special election;
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e. Directing that the election be conducted and votes counted as in other such
elections;
£ Providing notice of the election as provided by law and as directed by this
Court; and,
g. Allowing Contestant his costs and attorney's fees and for such other relief
as the Court deems just and equitable.
---------------------------------fcVotlu~m~IHI~------------------------------­
REQUEST FOR RECOUNT BECAUSE OF LESS THAN
ONE PERCENT DIFFERENCE IN VOTE
63. Contestant hereby incorporates by reference each and every allegation contained
in paragraphs 1 through 62 as if fully set forth herein.
64. Contestant was defeated by less than one percent of the votes cast and is,
therefore, entitled to an automatic recount of all votes cast for the election for the office of State
WHEREFORE, Contestant respectfully requests this Court requests to issue its order and
judgment directing a recount for the Democrat primary for State Representative, 40 th Legislative
District, Jackson County, Missouri under Section 115.603 RSMo.
Respectfully submitted,
GUNN, SHANK & STOVER, P.C.
'lip O. Willoughby N .. 4948
Arnold R. Day No. 27
9800 NW Polo Drive, Suite 100
Kansas City, Missouri 64153
Telephone: 816-454-5600
Telecopy: 816-454-3678
Attorneys for Contestant
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VERIFICATION
STATE OF MISSOURI )
471IA II I),
COUNTY OF 1..!U1dZtJL ss.
)
Will Royster, being fIrst duly sworn upon his oath, deposes and states that he is the
Contestant named in'the foregoing VerifIed Petition to Contest ectio d tha the facts stated
therein are true to the best of his knowledge and belief.
SUbSCri® and sworn to ~ me, a Notary Public, in an, d for the County and State
aforesaid, this 11J. day of 'C