Jackson County sheriff’s primary is canceled, and voters are left in the lurch

Jackson County government has committed another unforced error.

On Tuesday, a judge said the Aug. 7 primary for Jackson County sheriff is invalid, and any votes in the race won’t be formally counted. Instead, the county’s party committees will pick nominees for November.

The problem began in April, when then-sheriff Mike Sharp abruptly resigned in the face of scandal. Jackson County Executive Frank White appointed Darryl Forte as Sharp’s replacement.

According to the county’s charter, the appointment is only good until the end of this year. A permanent replacement for Sharp must be picked in November.

Voters would normally select each party’s candidate for the general election at the ballot box in August. Had this been a regular election, that would have happened.

But the filing deadline for the August election had already passed when Sharp quit. That made it difficult to put names on the ballot.

The county responded by opening filing for five days in May. Three Democrats — Forte, Mike Rogers and Ramona Arroyo — submitted paperwork to qualify for the ballot.

Two Republicans, David Bernal and Randy Poletis, were put on the ballot as well.

The Jackson County Democratic Committee sued in early July. State law doesn’t allow the county to extend filing deadlines, the committee said. The committee should pick the nominee, not voters.

On Tuesday, Judge David Byrn agreed. He declared the primary canceled, “null and void,” and prohibited election officials from counting the votes. He ordered officials to print an explanation of the issue for distribution at each polling place.

The ruling has no effect on other ballot measures or candidates.

This mistake could have been easily avoided. In its rush to establish a primary process for a new sheriff, county officials misread applicable laws and the county’s charter.

Jackson County needs better legal advice.

At the same time, don’t discount the county’s desire to have voters play a role in this selection. As it stands now, a committee of Jackson County Democrats may effectively determine who the next sheriff is.

And the committee doesn’t have to use the list of submitted candidates. That turns the election into an exercise in political muscle.

Clearly, there was sufficient time to reopen the filing period and print primary ballots, even though that turned out to be illegal. That suggests filing deadlines are arbitrary, too early and should be reviewed.

No one thinks candidates should be able to file on Monday for an election on Tuesday. But moving filing deadlines closer to Election Day would make it easier for authorities to respond to situations such as Sharp’s unanticipated resignation.

Lawmakers and election officials, including Missouri Secretary of State Jay Ashcroft, should examine the circumstances in this case and recommend improvements next year when the legislature meets. In the meantime, voters will have limited say in electing the next Jackson County sheriff.

This story was originally published July 31, 2018 at 6:25 PM.