Jermond L. Mosley v. Keith A. English
501 S.W.3d 497
| Mo. Ct. App. | 2016Background
- Mosley (Democratic nominee for MO House Dist. 68) filed an election-contest petition on Sept. 3, 2016 challenging Keith English (certified as an Independent) on residency, fraudulent petition circulation, and insufficient signatures.
- Section 115.526.2 requires a candidate to file a verified petition "not later than five days after the latest date for certification of a candidate by the officer responsible for issuing such certification." The Secretary of State is that officer.
- English moved to dismiss, arguing Mosley's petition was untimely because the Secretary's "certification" occurred by statute on the eleventh Tuesday before the general election (per §115.333), which made Mosley's Sept. 3 filing late.
- The trial court agreed with English and dismissed the petition as time-barred. Mosley appealed, arguing the relevant "latest date for certification" is the tenth Tuesday under §115.401 (the Secretary's certified list), making his filing timely.
- The appellate court addressed jurisdictional concerns about issuing summonses when filings occur on weekends/holidays, applying Rule 44.01 and Rule 43.02(d)(4) to treat Mosley's electronic Sept. 3 filing as filed on the next regular court workday (Sept. 6), preserving issuance of summons and jurisdiction.
- The court resolved the statutory conflict by construing "certification" to mean the Secretary's "certified list" deadline in §115.401 (tenth Tuesday), not the §115.333 "statement of determination" (eleventh Tuesday), and reversed and remanded for further proceedings.
Issues
| Issue | Mosley (Plaintiff) Argument | English (Defendant) Argument | Held |
|---|---|---|---|
| Which statute fixes "the latest date for certification" for §115.526.2 timing | §115.401 controls: Secretary's certified list (10th Tuesday) — Mosley's petition timely | §115.333 controls: Secretary's statement of determination (11th Tuesday) — petition untimely | §115.401 governs; Mosley's petition timely |
| Did filing on Saturday (electronic) and summons issuance delay defeat jurisdiction under §115.533.1? | Electronic filing deemed filed next regular workday per Rule 43.02(d)(4); Rule 44.01 extends deadline; summons issued Sept. 6 satisfies "immediately" requirement | English argued failure to have summons issued same day of filing (Saturday) deprived court of jurisdiction | Court applied Rules 44.01 and 43.02(d)(4); deemed filing Sept. 6 and held summons issuance timely; jurisdiction exists |
| Whether "certification" equals "determination" under §115.333 | "Certification" is plain-language "certified list" and differs from a "determination"; different terms mean different things | Equated certification with determination and relied on §115.333 timing | Court refused to equate terms; held they have different meanings and adopted Mosley's reading |
| Whether dismissal for untimeliness forecloses consideration of other grounds (Counts II & III) | Merits not decided below; remand needed | Trial court had alternative grounds but did not adjudicate them | Court reversed on timeliness and remanded for consideration of other grounds by trial court |
Key Cases Cited
- Hart v. Bd. of Adjustment of City of Marshall, 583 S.W.2d 550 (Mo. App. E.D. 1979) (circuit clerk must issue summons same day petition is filed under §115.533)
- Wright-Jones v. Johnson, 256 S.W.3d 117 (Mo. App. E.D. 2008) (election-contest statutes govern challenges to candidacy)
- Chastain v. James, 463 S.W.3d 811 (Mo. App. W.D. 2015) (Section 115.526 is exclusive means for candidate-to-candidate challenges)
- State v. Young, 362 S.W.3d 386 (Mo. banc 2012) (Section 115.526 provides statutory mechanism to challenge qualifications)
- Moore v. Morehead, 666 S.W.2d 460 (Mo. App. W.D. 1984) (where election-contest statutes are silent, general procedural rules apply)
- Parktown Imp., Inc. v. Audi of Am., Inc., 278 S.W.3d 670 (Mo. banc 2009) (primary rule: give effect to legislative intent and plain statutory language)