Elections -- Campaigns and Convictions

Law Days & Lattes

Host: Sidney Wheelan

Sponsor: Wheelan Law Firm of Moberly, Missouri

Contact: WheelanLaw.com

Episode Number: 18

Title: Elections--Campaigns and Convictions

Summary: Sidney discusses the intricacies of running for political office, voting regulations, and recent legal challenges involving political candidates.

Key Topics Covered

Campaign Season Observations

• Sidney shares thoughts on the current campaign season, sign wars, ice cream socials, and political fundraisers.
• Emphasizes the importance of participating in the political process by being informed and voting.

Running for Office: Qualifications and Procedures

Basic Qualifications:

• Age requirements for various offices
• Residency requirements
• Citizenship status

Disqualification Criteria:

• Criminal convictions

Filing Procedures:

• Filing deadlines and the importance of adhering to them
• Filing fees

Campaign Finance Rules:

• Registering a campaign committee
• Appointing a treasurer and filing campaign finance reports
• Contribution limits and disclosure requirements
• Penalties for non-compliance

Ethical Guidelines and Conduct:

• Rules governing campaign behavior and the use of public resources for campaigning
• Conflict of interest and transparency rules

Missouri Election Resources:

Missouri Secretary of State Website: www.sos.mo.gov

• Voter registration
• How to register to vote
• Election security
• Polling place information
• Information for election candidates and poll workers

Federal Election Resources:

Federal Election Commission Website: www.fec.gov

• Campaign finance data
• Help for candidates and committees
• Legal resources, legislation, regulations, policy, and guidance

Legal Challenges in Politics

Recent Case:

• Discussion of former President Trump's recent conviction and eligibility to run for office.

Missouri Case: Cass County Clerk Jeff Fletcher vs. Herschel Young (Case No. SC100594)

• Young, previously convicted of a felony and pardoned, was disqualified from running for public office by the Missouri Supreme Court.
• Missouri law (Section 115.306, RSMo) clearly states that individuals who plead guilty to a felony are disqualified from elective office, even if pardoned.

Voting Eligibility in Missouri

Ineligibility:

• In prison, detention, jail, or penal institution
• Convicted of a felony or misdemeanor connected with voting
• On parole for a felony conviction or convicted of a felony
• Disqualified due to a court order

Restorative Requirements:

• Eligibility to register to vote is restored after completing a felony sentence, parole, probation, or being pardoned.

Federal Voting Rules for Convicted Candidates

• Candidates convicted of felonies can vote based on the laws of their registered state.
• Example: Former President Trump, registered in Florida but convicted in New York, retains his voting rights unless imprisoned on Election Day.

Personal Reflections

• Sidney shares insights from attending a national conference for local elected officials.
• Stresses the importance of local leaders in communities and the responsibility of citizens to be informed and vote.

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This podcast episode contains general information for discussion purposes only. Each case is different and must be judged on its own merits. Missouri rules generally prohibit lawyers from advertising that they specialize in particular areas of the law. This article should not be construed to suggest such specialization. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create an attorney-client relationship, and the listening or viewing of this podcast does not constitute an attorney-client relationship. The choice of a lawyer is an important decision and should not be based solely upon advertisements.