.
Case Number _________________
FORMA PAUPERIS AFFIDAVIT
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IN THE MISSOURI SUPREME COURT
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I, Martin Lindstedt, under penalty of perjury, the Plaintiff in the
present case, do not have funds available to pay costs of filing,
service, or fees in the present matter.
Pursuant to Rule 30.01(d) Rules of Criminal Procedure, Missouri Rules
of Court, I request that the Petition for Judicial Review of Missouri
Election Law be filed and service made without costs.
_________________________________
Plaintiff, Pro Se
SUBSCRIBED AND SWORN to before me under penalty of perjury on
___________________, 19___.
__________________________
Notary Public
My Commission expires: _____________________, 19___.
ORDER
Leave granted to proceed as an indigent person.
________________________________
Judge
________________________________
Date
IN THE MISSOURI SUPREME COURT
Martin F. Lindstedt, )
Relator, )
)
vs. ) Case No. _________________
)
The Missouri Libertarian Party, )
Rebecca M. Cook, Secretary of State, )
and The State of Missouri )
Respondents )
PETITION FOR JUDICIAL REVIEW OF ELECTION LAW
COMES NOW the Relator, Martin Lindstedt and in support of his Petition
for Judicial Review of election law RSMo.115.317 makes the following
statements:
I. Statement of Jurisdiction
The Missouri Supreme Court has jurisdiction in this matter as Relator
is running for the statewide office of Governor, as RSMo 115.555 is far
more relevant than RSMo 115.529.
Article V Section 3, Constitution of Missouri, Jurisdiction of the
supreme court --
"The supreme court shall have exclusive appellate jurisdiction in
all cases involving the validity of a treaty or statute of the
United States, or of a statute or provision of the constitution of
this state, . . . ."
Relator’s U.S. 1st Amendment and Constitution of Missouri, Bill of
Rights, Article I, Sections 4, 8, and 25 free speech rights have been
denied due to Respondents using election law RSMo.115.317 [115.357]
as a cover to deny Relator’s right to run for public office.
Lastly, as this is an election matter, by the Missouri supreme court
deciding this matter expeditiously, any appeal to federal jurisdiction
can be resolved without having to slog through the state circuit and
appellate courts.
II. Statements of Fact
At the Missouri Libertarian Party Expediting Committee (wherein
Relator is one of two delegates from the Missouri 7th Congressional
District, therefore a Party officer) meeting of Feb. 18, 1996, Relator,
knowing his intention to file for public office and lack of funds,
attempted to get the remainder of the Expediting Committee to agree to
waive the filing fees for himself and other indigent Libertarians. Using
the law protecting incumbent politicians by forbidding campaign
contributions while the legislature is in session as an excuse for not
waiving filing fees, Relator’s motion died for lack of a second.
At the MoLP Expediting Committee of March 17, 1996 Relator tried a
different tack.
Relator found out that there was a custom of refunding filing fees to
selected candidates after the state assembly adjourned. Relator also
found out from the MoLP Treasurer that while the Party treasury is low,
as always, expenses are usually met by Party membership dues of $15
annually, not candidate filing fees. Relator asked if the Treasurer
could hold the personal checks of two MoLP members, one of them Relator’s
brother, who would make Relator a personal loan (not gift) of $100 each.
If the checks were held, then given back to Relator to in turn give back
to the loaners, then state law could be observed. Relator would be able
to file for public office for free, and the loaning friends would only
be out interest on $100 for several months. While state law calls for a
filing fee to be paid to the political-party treasury, there is no
obligation, only an assumption, that the Party Treasurer will cash the
checks. The MoLP treasurer was not opposed to this measure, either for
the Relator’s benefit or for any other state candidate the Relator might
bring in.
There are two factions within the Missouri Libertarian Party. One
consists of a militant faction, nicknamed the "Shooters," who want to
take back individual rights away from the government by any means
necessary, preferably through political and peaceful means first. There
is another faction, called the "Pud-Pullers," who wish to do nothing
more than sit around a restaurant beer-table, argue economics, politics,
whine about how bad the government is, and otherwise treat the MoLP as
an extension of their own personal genitalia to play with.
Relator is the de facto head of the Shooter faction; most of the
Expediting Committee are Pud-Pullers.
Knowing that there is not much love lost between Relator and the
Pud-Pullers, Relator allowed sympathetic allies to broach the question
of forgiving filing fees through the judicious use of "loans" in order
to fill the Party ballot. While Relator was opposed to any philosophical
litmus tests to determine which indigents would be allowed the use of
loans, Relator’s allies on the MoLP Expediting Committee were concerned
about Buchananites from the Republicans and LaRouchites from the
Democrats using this device to get on the Libertarian ballot for free,
and, Relator, in the interests of compromise, went along.
After more than one half-hour of debate, amendment raising, motioning,
etc., the motion to have indigent applicants appear before the Expediting
Committee in order to allow them to get filing fees returned or "loans"
made failed. Immediately afterwards, the motion to return filing fees to
indigent candidates failed by 7-4 vote of the Expediting Committee.
Relator, Relator’s allies, and the MoLP Treasurer were on the losing side.
Relator’s Expediting Committee colleague from the 7th District, J. Mark
Oglesby, the Pud-Puller faction’s candidate for governor, voted against
Relator.
III. Cause of Action
Relator has a First Amendment and Constitutional right to run for
public office regardless of whether Relator is a rich man or not.
All political parties on the Missouri ballot use a filing fee paid to
them as a means of screening out political and ideological undesirables:
Democrats take the filing fees of Lyndon LaRouche followers, Republicans
of Pat Buchanan supporters, Libertarians of Shooters. But while political
parties have a right of association, political parties do NOT have a
right to violate the rights of citizens or party members while in the
process of reaching political and ideological goals.
The Missouri Libertarian Party is named first in the Relator’s suit
because it is the MoLP who is primarily at fault for this action. By
taking care of this matter in private, the MoLP could have avoided having
this matter come to the attention of the court. Relator would have had an
option open to run for governor without having to go a further $200 in
debt.
Secondly, the Libertarian Party’s official ideology is supposed to be
in favor of personal freedom and responsibility. Relator had worked out a
way to file for governor congruent with Libertarian ideology. Then, under
color of an election law made by Democrats and Republicans, these
Pud-Puller Libertarians used that law to violate Relator’s Constitutional
rights! While Democrat and Republican internal party affairs will
be affected by any ruling on this matter, Relator declines to name these
political parties in this suit as Relator did not and does not expect
good behavior from them.
By challenging the Constitutional validity of the petition-signature-
collection provisions of RSMo 115.357, Relator has no choice but to name
the Missouri Secretary of State as a Respondent/Defendant as she is the
one who enforces this statute and the State of Missouri as well because
RSMO 115.357 is the State’s rule.
IV. Request for Relief
WHEREFORE, Relator asks that the Missouri Supreme Court grant Relator’s
petition for review setting aside the petition-signature-gathering
requirements of RSMo. 115.357, allowing Relator to simply sign a
Declaration of Inability to Pay Filing Fee so that Relator may run for
the office of Governor on the Missouri Libertarian Party primary ballot
without having to go $200 further into debt; plus any other relief that
this court deems just and necessary.
___________________________________ _________________
Martin Lindstedt, Relator, Pro Se Date
Rt. 2, Box 2008
Granby, Missouri 64844
(417) 472-6901
Certificate of Service:
A copy of this Petition has been mailed on March 18, 1996
to the Chairman of the Missouri Libertarian Party James
Givens, 4182 N. Riviera Drive, Columbia, Missouri
and personally delivered to the Missouri Secretary of State’s
Office March 18, 1996 during Relator’s attempt to file as an
indigent person.
CLERK OF THE SUPREME COURT
STATE OF MISSOURI
POST OFFICE BOX 150
JEFFERSON CITY, MISSOURI
65102
THOMAS F. SIMON TELEPHONE
CLERK (573) 751-4144
March 21, 1996
Mr. Martin Lindstedt
Route 2 Box 2008
Granby, MO 64844
Dear Mr. Lindstedt:
The material you submitted for filing is being returned to you at
the direction of the Court. As you note in your material, this Court
has exclusive appellate jurisdiction over certain cases. However, your
material fails to include any judgment of a circuit court you wish to
appeal.
Yours truly yours,
-s- Bill L. Thompson
Bill L. Thompson
Staff Counsel
/tkm
enclosures
Office of Secretary of State
State of Missouri
Jefferson City 65101
(314) 751-4936
Rebecca McDowell Cook State Capitol, Room 208
Secretary of State and State Information Center
March 21, 1996
Mr. Martin Linstedt
Rt. 2, Box 2008
Granby, MO 64844
Re: Declaration of Inability to Pay Filing Fee
Dear Mr. Linstedt:
Please be advised that this Office has determined to take no action
on the Declaration of Inability to Pay Filing Fee submitted to us on
March 18, 1996 in light of the fact that you have paid the filing fee
required under & 115.357.1, RSMo 1994, and we consider any issues
relating to your March 18, 1996 submission moot.
Sincerely,
-s- Meryl Atterberry
Meryl Atterbury
Deputy Secretary
for Governmental Services
/sb
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