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

More documents

Recommendations

Info

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. 2
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 3
Page 1: . IN THE CIRCUIT COURT OF JACKSON C
Page 5 and 6: 16. The election authority may cons
Page 7 and 8: judge." But no person other than el
Page 9 and 10: precinct, who took no action to rem
Page 11 and 12: official who denied access made der
Page 13 and 14: the votes cast thereon, (b) directi
Page 15: VERIFICATION STATE OF MISSOURI ) 47

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

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?