Ousted Independence council member challenges election after death of winning candidate
Independence City Council member Mike Huff, who last week lost his re-election bid, is asking a Jackson County judge to declare him the winner of the election two days after the death of his colleague Karen DeLuccie.
DeLuccie died on Tuesday, just days after winning re-election to her at-large seat on the council. In that race, which elected two candidates, voters ousted Huff and elected Jared Fears to the other at-large seat.
But in a lawsuit filed in Jackson County Circuit Court, Huff claims that DeLuccie was incapacitated because of her illness and should not have been certified as the winner of the election. The petition was filed against the Jackson County Election Board, Independence City Clerk Becky Behrens and DeLuccie’s estate.
Huff could not be reached for comment on Thursday.
If a council vacancy occurs more than 15 months prior to the next city election, the Independence City Charter calls for a special election.
The election board certified DeLuccie’s win on Tuesday prior to her death.
But Huff argues that DeLuccie shouldn’t have been certified because she was on hospice care at the time.
“Ms. DeLuccie became both mentally and physically incapacitated, and therefore unable to hold or assume office, prior to April 12, 2022,” when the election was certified.
DeLuccie had planned to run for a third term prior to her illness, which was diagnosed in early February. In a statement after her death, her family said her original prognosis had been positive. But a scan on April 7, two days after the city election, showed treatments for her lung cancer had been unsuccessful.
She then ceased treatment and decided to spend time with her family at home, according to a family statement.
If a candidate dies or is found to be incompetent between the time of the primary and general election, the city charter calls for the surviving candidate to be declared the winner. While DeLuccie died after her re-election win, Huff’s lawsuit argues she was incapacitated and asks a judge to declare him the winner because he earned the third-highest vote count in the general election.
Sara Zorich, a director at the Jackson County Election Board, said that body certified the Independence election results Tuesday morning after a hand recount of ballots. DeLuccie died sometime Tuesday.
Zorich said she expected the city to call a special election for DeLuccie’s seat.
“So that’s kind of where we are. We’re waiting for them to determine how to handle it,” she said. “Because the city has the charter, it falls to them to decide what they’re going to do.”
Zorich said the board had not seen Huff’s challenge by Thursday afternoon. She said the board does not have the ability to change results of the election.
“The judge would have to decide that,” she said of Huff’s requests.
Meanwhile, the City Council is expected to vote next week whether to hold a special election.
Huff and incumbent Mayor Eileen Weir will transition out of their seats at Monday’s meeting, where Fears and Mayor-elect Rory Rowland will be sworn in, the city said in a news release.
The new council will then consider an emergency ordinance for a special election to fill DeLuccie’s seat.
If that ordinance is approved, candidates could begin picking up election packets on Tuesday. Candidate filing will open on April 25, and close on May 18.
A primary election would be scheduled for August 2 and, if required, a general election would be held on November 8.
This story was originally published April 14, 2022 at 4:50 PM.
