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OpinionSeptember 14, 1994

The Missouri secretary of state's duties, according to the "Official Manual," are pretty straightforward: The secretary of state is the chief elections official in Missouri. The office also is responsible for collecting, compiling, storing and publishing a variety of state documents. ...

The Missouri secretary of state's duties, according to the "Official Manual," are pretty straightforward: The secretary of state is the chief elections official in Missouri. The office also is responsible for collecting, compiling, storing and publishing a variety of state documents. The secretary of state oversees several areas in regard to state commerce -- administration of the Missouri Uniform Commercial Code and registration of corporations and securities -- and is the official keep of the Great Seal of the State of Missouri.

Interestingly, one of the secretary of state's duties is to compile and publish the "Official Manual." The latest edition was the responsibility of Judith K. Moriarty, the embattled secretary of state who was found guilty over the weekend of a misdemeanor charge of violating election laws. According to her accusers, she allowed her son to file in absentia as a candidate for state representative past the proscribed deadline.

These actions are staunchly denied by Moriarty, but a jury believed the accusations. If she did what a jury says she did, she went a mite too far in carrying out her own words in the forward to the "Official Manual": "One of my priorities as your secretary of state is to make the election process as accessible as possible."

A little too accessible in her son's case, the prosecutors believe.

Now that the jury has made its decision, attention has turned to the possibility of Moriarty's resignation and her eventual successor. She hasn't quit yet, and she says she intends to appeal her conviction rather than resign. That hasn't stopped a number of interested individuals from stepping forward and offering their services, as first reported in the Southeast Missourian on Tuesday.

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Gov. Carnahan has publicly urged Moriarty to resign in the wake of her misdemeanor conviction. Attorney General Jay Nixon is prepared to seek her ouster in court if necessary. Democrats in general smell blood, and they are offering Moriarty, one of their own, no support.

The governor has a big decision to make, if it comes to appointing a new secretary of state. Gubernatorial appointments generally aren't for statewide officeholders, and when they are there are many factors to consider.

One factor that has risen to the top of the heap is the gender of Moriarty's potential replacement. There are strong feelings that it should be a woman. This is a sensitive area, but it would make considerably more sense to name someone who can restore confidence and respectability to the secretary of state's office. That very well could be a woman -- or a man.

The long tenure of former Secretary of State James C. Kirkpatrick, from 1965 to 1985, is one model that could be held up for the office. During Kirkpatrick's two decades the secretary of state's office was a model of efficiency and service to the people of Missouri.

The office has been seriously tarnished whether or not Moriarty is replaced. Some serious steps need to be taken to clear the air. If there is going to be an appointed secretary of state, the governor must be careful to take the correct first step.

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