Judge Joseph Alfred Rathert recently ruled that county clerk candidate Steve Wyatt Earp’s name can stay on the Aug. 4 primary ballot, following a challenge from fellow Republican candidate Brent Myers to remove it.
Rathert said Myers did not meet the burden of evidence required to remove Earp from the ballot.
At the June 5 hearing, Rathert threw out 11 of the 23 pieces of evidence Myers provided the court to prove Earp lives in St. Louis County rather than Jefferson County, thus making him ineligible to run for county clerk.
“To say it is perplexing that the defendant has many ‘contacts’ with St. Louis County and has filed for an elected position in Jefferson County is an understatement,” Rathert wrote in his ruling. “However, the plaintiff has not overcome his burden to remove the defendant from the ballot.”
Myers said he was disappointed with the decision, but he will not file an appeal.
“It’s unfortunate,” he said. “I’ll meet (Earp) at the polls; that’s how I’ll beat him.”
Earp said he was happy to be “fully vindicated” with the court decision.
“I don’t think it’s a very good look for Brent to be running for the chief elections officer in the county by advertising his desire to eliminate his strongest opponent as a ballot contestant through lawfare,” Earp said. “It makes you wonder what abuses of power Brent would commit if he actually had control over the clerk’s office. I think he would be better suited to focus on his own message to voters and try to justify his lack of elections experience by comparison.”
On April 29, Myers filed two pre-election challenges in Jefferson County Court, alleging Earp does not meet the minimum requirements to run in the primaries. Myers and Earp filed with the Republican Party for the county clerk and central township committeeman positions.
Myers alleges Earp has not lived in Jefferson County long enough to satisfy the requirements laid out in the Jefferson County home rule charter. The charter requires candidates to live in the county for at least one year before filing for office, among other requirements. Myers alleges Earp lived, voted and paid taxes in St. Louis County last year.
Jefferson County Sheriff’s Office deputies were unable to serve a summons to appear in court to Earp until May 29, a month after Myers filed the challenges.
The deputies first attempted to deliver the summons April 30, noting a car in the driveway of the Hillsboro home Earp is renting. Deputies again tried on May 6 and were unable to serve Earp. The service process was restarted on May 14, court documents show.
Attorney Dan Gerry represented Earp in these lawsuits. Myers represented himself.
During the June 5 hearing, Gerry said Earp is entitled to 15 days to answer Myers’ petition following being served on May 29, calling the hearing premature.
Rathert said there was some urgency to the hearing, since June 8 is the final day names can be stricken from the Aug. 4 ballot. The ballot information must be sent to the printer, and proofs must be sent back to County Clerk Jeannie Goff in time for absentee voting to begin on June 23.
Gerry said Earp is prejudiced because he should have until June 12 to respond, under Missouri statutes. Rathert denied his motion to continue the hearing to a later date.
Myers claimed Earp did not appear in court on June 5, saying “he’s probably busy on Facebook.” However, Earp said he was in the courtroom at the beginning of the case but wasn’t expecting the hearing to go on so long and left before Rathert made his final ruling.
The hearing began at 9 a.m. and closed about two hours later. Rathert called two recesses to allow Myers time to subpoena a clerk’s office employee to testify to the evidence presented.
“Rathert’s reputation is beyond reproach, and he actually gave Mr. Myers every opportunity to prove his case, even overruling most of my attorney’s objections,” Earp said. “Hopefully, my opponents can accept the court’s decision and pray on the reasons they’ve been so confrontational during this Republican primary. I plan to move forward by discussing my plans for how I intend to run the Clerk’s Office if voters should elect me.”