More litigation expected over Butler County candidate

Rocky Kingree's name will be on the Republican primary election ballot in Butler County, but more litigation is expected.

"He may win this battle, but he will not win the war," Prosecuting Attorney Kevin Barbour said Friday in Butler County Circuit Court.

Barbour is expected to challenge Kingree's qualifications to become the Division II associate circuit judge in Butler County.

"It is clear he is a resident of Carter County. He is not a resident of this county," Barbour said. "Under the law, he is not entitled to take office."

New Madrid County Circuit Judge Fred Copeland, appointed to hear the case, said, "We are not here to talk about his qualifications. I have to make a determination whether or not he can be placed on the ballot."

Kingree, who lives in Van Buren, Missouri, and is the Carter County prosecuting attorney, testified he followed all the proper procedures when he filed his declaration of candidacy March 25 in the office of Butler County Clerk Tonyi Deffendall. March 25 was the last day to file.

Deffendall testified Kingree filed all the necessary paperwork and paid his filing fee. She also said she mailed a certified letter March 26 to notify Kingree he was disqualified as a candidate because he did not meet the one-year county residency requirement in a new state law.

The June 19 ruling by the Western District Appellate Court in a case filed by Natalie Vowell, a state representative candidate, against Missouri Secretary of State Jason Kander, "is the best authority we have to decide this case," Copeland said.

Kingree filed a petition June 24 for a writ of mandamus, requesting a judge to order Deffendall to place his name on the ballot.

Copeland found Kingree "did timely file his declaration of candidacy. He did all that was required to be a proper candidate. I am not talking about his qualifications."

Then Copeland entered an order directing Deffendall to place Kingree's name on the Republican ballot for the Aug. 5 primary election.

Deffendall immediately notified the printing company to print the ballots to be used for absentee voting and on election day.

Kingree is the only Republican candidate. He wants to challenge Associate Circuit Judge John Bloodworth in the Nov. 4 general election. Bloodworth, the Democratic incumbent, has served 16 years as a judge.

Not long after the court session had ended, Butler County Republican Central Committee chairman Eddy Justice, who was present for the hearing, issued the following statement:

"It is the position of the Butler County Republican Central Committee that no legitimate candidate filed for the Division II judgeship from the Republican Party of Butler County. We are very pleased with the 15 years of excellent service by Judge Bloodworth and believe, if re-elected, would continue to serve Butler County with distinction."

Kingree has said he would establish his residence in Butler County prior to the election as required by the Missouri Constitution.

However, the state constitution also requires candidates to meet other qualifications as may be provided by law. The one-year residency law became effective Aug. 28.

He did not attempt to challenge being disqualified until he learned about the June 19 ruling by the Western District Appellate Court.

According to Kingree, the ruling stated "an election authority is not allowed to adjudicate election qualifications and is without authority to remove a citizen's name from the ballot."

Because they are required to certify the names on a ballot, it has always been the practice for the secretary of state's office, county clerks and city clerks to determine if candidates meet the qualifications for the office they are seeking.

Kander has filed an application to transfer the Vowell case to the Missouri Supreme Court and a motion to rehear the case.