Ex-Independence councilman ignores will of voters, feelings of dead colleague’s family

Ousted Independence City Councilman Mike Huff is desperately trying to remain in office. What else could explain the lawsuit he filed in Jackson County Circuit Court asking a judge to overturn the will of voters and declare him the winner of an at-large seat on the Independence City Council?

Though an incumbent, Huff was not among the top two vote-getters in the April 5 municipal general election in Independence. Instead, voters chose Jared Fears and Karen DeLuccie, another incumbent. In February, DeLuccie was diagnosed with lung cancer. She died Tuesday, the same day the Jackson County Election Board certified election results.

Two days later, Huff filed the lawsuit. Huff claims that DeLuccie, an at-large council member since 2014, became incapacitated before the election was certified on April 12.

Independence Mayor-elect Rory Rowland declined to comment on the lawsuit. He campaigned for DeLuccie and considered her a friend.

“It’s been a bad week,” Rowland said.

The suit names the Jackson County Election Board, Independence City Clerk Becky Behrens and the DeLuccie estate as defendants. Huff wants a judge to “declare that Karen DeLuccie was not a qualified candidate for election, due to her incapacity,” according to court documents.

The Jackson County Election Board “should not have certified her as a winner for the April 5 general election, and the Independence City Clerk should not have issued a certificate of election to Ms. DeLuccie,” Huff’s petition states.

The grievance was filed about 48 hours after DeLuccie’s family announced her death.

Huff’s legal maneuver to keep his seat is insensitive in the extreme. We’re hopeful the judge will do the right thing and let the voters have the final say on who should represent them.

The city charter calls for a special election if a council seat opens more than 15 months prior to the next city election. On Monday, the Independence City Council will hear the first reading of an ordinance calling for a special election to fill the vacant seat, city officials said.

Huff should drop his lawsuit and ask voters for a second chance at that special election. He did not return our messages seeking comment. In a written statement, he told a local television station that he will miss DeLuccie’s “fierce advocacy for the citizens of Independence.”

“But the law must be followed, in good times and bad,” Huff wrote. “Because our late colleague was not competent to hold office at the time the certifications were issued, the city charter required that the next candidate on the ballot be declared to have won the seat. I look forward to a quick judicial resolution of this matter that will avoid the cost and trouble of an unnecessary special election.”

Huff was ousted from office by the vote of the people. And it should be up to voters, not a judge, to decide whether he’ll serve again.