For a third time Newton County Libertarian Party Chairman Martin Lindstedt has been denied a writ of mandamus which would have forced Newton County Clerk Kay Baum to place Lindstedt's name on the Nov. 5 election ballot for the office of Newton County sheriff. Friday the supreme Court of Missouri denied Lindstedt's writ and petition for judicial review of election laws. This time the defendants were Baum and Secretary of State Rebecca Cook. That, too, was denied as was the most recent appeal to the Supreme Court of Missouri. Mandamus is a legal method of compelling a public official to perform the duty which they are obligated to perform.
Mandamus is available only when there is an already existing legal right.
Judge Perigo noted in his decision that only the names of candidates who won in the primary election should appear upon the November ballot. Lindstedt lost a primary election bid for governor to Springfield Libertarian J. Mark Oglesby. The local party then reorganized and decided to nominate Lindstedt as the party's candidate for sheriff. After Judge Perigo denied his writ of mandamus, Lindstedt announced his candidacy as a write-in candidate for sheriff. He went on to appeal on the state level and now intends to file a federal lawsuit.