Today, at the Missouri Supreme Court:
AFFIRMED. All concur.
Yes, the Missouri Supreme Court affirmed the removal of Herschel Young (r) as Cass County Presiding Commissioner. The case was brought quo warranto by Cass County Prosecuting Attorney Teresa Hensley (D).
The Supreme Court opinion includes the following:
….Young has no vested right in the election qualification laws remaining unchanged. Id. He also has no vested right to be free from further collateral consequences from his prior guilty plea. Id…..
….Further, this Court recognized a slippery slope wherein “it could be well claimed that no statute could be enacted imposing new duties upon or giving new privileges or rights to a person already born…[or] to a corporation already created….”
….Young’s argument attempts to go down this slippery slope. Section 115.350 does not impose any new obligation or duty on Young because he has no affirmative obligation to take any action whatsoever to comply with section 115.350….
….The declaration of candidacy requirements apply to all candidates, not only those who have a felony conviction. Young’s obligation to prepare the declaration only arises because of his desire to run for office, not his 1995 conviction. Young filed his written declaration of candidacy and averred he was qualified to be elected as presiding commissioner….
….Young asserts this means section 115.350 was required to list each specific felony under Missouri law in order to apprise the reader sufficiently of the specific conduct that carries with it the consequences of legal disqualification or disability. Young’s reading of section 561.016.1(3) defies logic and practicality. Section 115.350 provides sufficient notice of the conduct that will result in a legal disability or disqualification….
….The State has a legitimate interest in maintaining the public’s confidence in the honesty and integrity of their elected officials. This interest is promoted by disqualifying those individuals who have demonstrated an inability to follow the laws of this state….
….Section 115.350 is constitutional as applied to Young and does not violate the constitutional guarantees of equal protection. The circuit court’s judgment is affirmed….
Teresa Hensley (D) (who has as yet to file as a candidate) and Herschel Young (r) will face each other in the Democratic primary for the 4th Congressional District seat. From the Missouri Secretary of State‘s office:
UNOFFICIAL Candidate Filing List
Ballot Placement: First day filers (2/28/2012) selected a number by random drawing to determine their placement on the primary ballot. After the first day, all candidates are placed on the ballot in order of their filing.
All Candidates and parties are listed in ballot order.
(Name, Mailing Address and Date/Time Filed as of 3/6/2012 3:57 p.m.)
U.S. Representative – District 4
Herschel L. Young 17100 E STATE ROUTE 2
HARRISONVILLE MO 64701 372 2/28/2012
Vicky Hartzler 30218 S. PLEASANT RIDGE RD.
HARRISONVILLE MO 64701 3/2/2012
Ana Zorikova 5325 NEWCASTLE AVE APT 224
ENCINO CA 91316 3/5/2012
Teresa Hensley (D): at the 4th Congressional District Democratic Committee (February 12, 2012)
Does Herschel Young (r) think republican voters are going to crossover to the Democratic primary in August to vote for him over Teresa Hensley? That’s another in a long list of reasons why politics in Missouri is always so interesting.
11CA-CV00001 State of Mo Ex Inf T Hensley v. Herschel L Young (February 4, 2011)
Gov. Jay Nixon (D) appoints Luke Scavuzzo (D) to the Cass County Commission (January 11, 2012)
Herschel Young (r) or (D), choose which axe to grind (February 28, 2012)