(Story has been updated to include information from Basye attorney Brent Haden)
It looks like former State Rep. Chuck Basye (R-Rocheport) will not appear on the April ballot for Columbia’s school board, barring court intervention.
The board meets tonight at 6:30 and is scheduled to approve the sample ballot for the April 4 election. Seven names are on the sample ballot, listed in the board packet. They are, in order, Paul Harper, John Potter, Christopher Horn, Dean Peter Klempke, James Edward Gordon, John Lyman and April Ferrao.
Basye tried to file on December 27, which was the final day of filing under state law. However, CPS’ Aslin building was closed that day due to it being a district holiday. CPS says filing was available by appointment, but appointments had to be made by December 22. Bayse ended up filing on December 27 at the Boone County clerk’s office.
Basye’s attorney, Brent Haden of the Columbia law firm Haden and Colbert, has written a letter to the board secretary. Haden’s letter says that CPS must accept Basye’s filing as a candidate, adding that Basye is prepared to seek a court order to compel the district to follow state statute.
While CPS says Basye didn’t make an appointment by December 22, Haden’s letter says state law is clear, under section 115.127.5 RSMo.
“If the closing date for filing a declaration of candidacy for any office in a political subdivision or special district is not required by law or charter, the closing filing date shall be 5 pm, the fourteenth Tuesday prior to the election,” Haden writes, in part. He says she word “shall” makes it clear that the Legislature’s intent is for filing to remain open and available until 5 pm on the final day, which in this case is December 27.
Missouri Secretary of State Jay Ashcroft (R) has told 939 the Eagle that a CPS policy cannot conflict with state law. Ashcroft also says he has full confidence that Boone County clerk Brianna Lennon (D) will make sure that everyone who legally filed for office will be listed on the April ballot. Lennon tells 939 the Eagle that while she appreciates Secretary Ashcroft’s confidence and support, the filing documents and certification process is ultimately CPS’ responsibility under the law.
“My office’s authority is administrative as far as filing goes- we accept certifications from school districts, municipalities and local political subdivisions for the April election until January 24th,” Lennon says.
Basye told 939 the Eagle that he met with an attorney in late December to discuss his options if he’s kept off the April ballot.
