Pitts won't be on Perryville ballot, judge rules

PERRYVILLE, Mo. -- A Perryville police officer's name will not appear on the ballot for city marshal after a circuit judge denied his request for a writ of mandamus forcing the city clerk to certify his candidacy.

Sgt. Brad Pitts of the Perryville Police Department was one of three people who filed to run for city marshal.

In preparing candidates' certification to send to the county clerk's office, Perryville City Clerk Tracy Prost discovered Pitts had not paid about $32 in personal property taxes that were due Dec. 31.

Section 115.346 of the Missouri Revised Statutes prohibits anyone from being certified as a candidate for municipal office who is arrears for city taxes on the last day to file a declaration of candidacy.

The filing period for the April 8 election ended Jan. 21. Pitts paid the taxes Jan. 28.

In a petition to have Pitts' name placed on the ballot, his attorney, Russell Oliver, had argued Prost acted beyond the scope of her authority, because Perryville's city code provides for the board of aldermen -- not the clerk -- to determine candidates' eligibility.

In court earlier this month, Oliver said Pitts was entitled to a hearing before the board of aldermen.

In the petition, Oliver also had argued under RSMo 115.305, any statute that falls between 115.305 and 115.405 applies only to municipal candidates in cities that have elected by ordinance to follow those provisions.

Perryville adopted as part of its city code the 1977 act that included 115.305 and related provisions, but the law requiring candidates to pay overdue taxes before the end of the filing period was added in 1999, and Perryville never adopted it, Oliver said earlier this month.

On Tuesday, Circuit Judge Benjamin Lewis issued a judgment denying Pitts' request.

In his judgment, Lewis ruled that RSMo 115.346 prohibited Prost from certifying Pitts as a candidate, and Perryville's city code neither requires nor authorizes the board to conduct a hearing before Prost complies with the state law.

Further, Lewis wrote, because Pitts does not dispute he was in arrears for unpaid city taxes on the last day of the filing period, "there is no factual issue that a hearing before the Board of Aldermen could resolve."

Lewis also rejected Oliver's argument that 115.346 did not apply to Perryville, saying cities are not required to adopt the state law as part of their city code.

Furthermore, Lewis wrote, the law is part of the Comprehensive Election Act of 1977, which the city adopted, so "there is no further action needed to make Section 115.346, RSMo, the law that governs the action of the respondents, City Clerk and County Clerk."

Had Pitts been placed on the ballot, he would have faced Perryville police Lt. Direk Hunt and city code enforcement officer Joe Martin in the election.

epriddy@semissourian.com

388-3642

Pertinent address:

Perryville, MO