Ballwin Board Votes Against Keeping Non-Tax Payers Off Ballot

Editor's Note: This article was last updated at 5:56 p.m.

Ballwin residents filing to run for city council this spring do not need to worry about unpaid county taxes keeping them off the ballot.

That's because of a closely contested decision made at the board's last meeting, with Aldermen James Leahy, Frank Fleming, Kathy Kerlagon, James Terbrock and Mayor Tim Pogue voting against requiring the city clerk to verify candidates' tax statements at the close of filing. Aldermen Richard Boerner, Shamed Dogan, Michael Finley and Mark Harder voted in favor the proposal.

In a separate motion, the council voted to have the city clerk verify tax payments at the time of filing, and notify the candidate as well as the St. Louis County Board of Elections if the candidate is in arrears, but stopped short of keeping his or her name off the ballot. The motion passed, 6—2. Aldermen Boerner and Harder voted nay.

In questioning the city's role in elections, Harder cited regarding election procedure, as well as a meeting recently attended by Ballwin City Clerk Marie Clark and other clerks focused on election procedure. Harder said various parties have told the city that confirming candidates' taxes is in fact a responsibility of the city.

“So why wouldn't we participate in that?” Harder said at the Dec. 12 meeting. “Based on her conversation, that's what it looks like they kind of expect from us.”

Concerns About Candidacy, Legal Dangers
, when it was discovered that Alderman James Terbrock was delinquent on property taxes at the time of the filing deadline, and thus may have been ineligible for the April 5 election; In filing for candidacy, Ballwin residents sign a form that references Missouri Revised Statues Sec. 115.346, which says that no candidates may appear on a ballot if he or she "shall be in arrears for any unpaid city taxes or municipal user fees on the last day to file a Declaration of Candidacy."

Critics, including former Alderman Ron Markland, said Terbrock's name should not have appeared on the election ballot.

Alderman Fleming said he appreciated the desire to confirm candidates' qualifications according to the city's declaration form, but said keeping a candidate off the election ballot poses its own dangers.

“My point is there’s really no black or white in this —with any court, with any office, with any official we checked with,” Fleming said. “And it’s still going to come down to me that the greater injustice is to keep someone off the ballot than to put them on.”

“But there's no remedy to taking someone off the ballot,” Fleming said. “That's probably (grounds for) a federal civil rights case at that point and that's about as serious of an issue as you can put the city in.”

Earlier this year, the city also was threatened by a lawsuit from Dr. Raj Sajid, a Ballwin resident and former board candidate who alleged that Tebrock's election was invalid.

City Attorney Bob Jones said the only responsibility the city has in regards to election filings is to secure the declaration forms from candidates.

“Since the city clerk is not the election authority, we do not have an obligation to further investigate the candidates name on the ballot, for all of the reasons we've discussed ,” Jones said.

County Election Board Says City is Responsible
According to the St. Louis County Board of Elections, however, confirming candidates' tax payments is a duty of the municipality. At an annual election certification seminar in November attended by city clerks from throughout St. Louis County, Elections Director Mary Wall said it's the duty of the city hosting the election to confirm tax payments in accordance with the candidate declaration form.

(Editor's Note: See the complete document summarizing the seminar under “Pdfs” above, or click here.)

Alderman Boerner concurred and said state election law puts the burden on the city.

“I mean this statute’s pretty clear to me,” Boerner said in response to Jones' statements. “You bring up a lot of the issues surrounding it. But the intent of what the statue says is undeniable. But the issue is what’s absolute proof that someone is unqualified.”

Mayor Pogue and others said at the meeting that the St. Louis County Department of Revenue website, which records property tax payments, may not be an authoritative source for confirming tax history.

Boerner disagreed.

“To me, if you have an official copy of a tax history, that’s pretty good proof, because a title company will accept that … And so I think by our oath of office, and the fact that we have pledged and sworn to uphold and support the statutes of the state of Missouri, that there's some seriousness to it,” Boerner said.

The last day to file as a candidate for the upcoming spring elections is Jan. 17. Local elections will be April 3.