GOP panel picks Rolla businessman to run for Smith's old seat

CUBA, Mo. -- Members of the 120th Legislative District Republican Committee selected a candidate Monday night for the special election to fill the Missouri House seat left vacant by Jason Smith.

According to a news release from the committee, two candidates were considered before votes were cast. After one round of voting, Rolla-area businessman Shawn Sisco was declared the party's nominee.

The committee consists of 26 members who represent the district -- which encompasses most of Crawford County as well as the eastern part of Phelps County -- but only 20 were present for the vote Monday night, the news release said.

Smith, a Republican, resigned from the 120th House District after winning a June 4 special

election to replace U.S. Rep. Jo Ann Emerson, who resigned to lead the National Rural Electric Cooperative Association. Gov. Jay Nixon set the special election to fill Smith's vacant seat for Aug. 5.

On Tuesday, a judge rejected a lawsuit seeking to compel Gov. Jay Nixon to set special legislative elections, including for Smith's old seat.

The one-sentence ruling from Cole County Circuit Judge Dan Green provided no reasoning. An attorney for the plaintiffs said they planned to appeal to the Western District state Court of Appeals in attempt to force Nixon to set April special elections for four vacant legislative seats.

After the lawsuit was filed in early January, Nixon set August special elections for three vacant House seats. But he has not called a special election to fill a seat vacated when he appointed state Sen. Ryan McKenna as labor department director.

The lawsuit alleged Nixon was shirking his duties by not promptly scheduling special elections. The Missouri Constitution gives the governor the power to set special elections for vacant legislative seats. A state law says the governor "shall, without delay, issue a writ of election" to fill vacant legislative seats.

Two House seats and the Senate seat have been vacant since December.

As a result of the vacancies, House Republicans hold 108-52 majority over Democrats -- one vote shy of the two-thirds requirement needed to override gubernatorial vetoes. Senate Republicans hold a 24-9 majority -- one more vote than needed for veto overrides.

The lawsuit suggested an April special election would be preferable because winners could take office in time to vote on bills before the May 16 end of the annual legislative session. The August special elections likely would result in the new lawmakers being available for the September veto session.

David Roland, an attorney for the plaintiffs, said an appeals court still could order an April election but would have to do so by Tuesday to comply with pre-election deadlines.

Roland expressed frustration the case had not been decided more quickly by Green or with greater elaboration.

"If the judge was going to rule against us in one sentence, he should have done it weeks ago to give us time for a well-briefed appeal," he said.

A Nixon spokesman did not immediately respond to a request for comment about the court ruling.

A spokeswoman for Attorney General Chris Koster's office, which represented Nixon, declined to comment.

The Associated Press contributed to this report.

Pertinent address:

Rolla, Mo.