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05.15.2008 6:17 am

Judge rules Connie Johnson tossed from the ballot

St. Louis Post-Dispatch

State Rep. Connie Johnson does not meet the residency requirements to run for Senate in the 5th District and should be removed from the ballot, a judge has ruled.

Judge Douglas Long’s ruling chided Johnnson for attempting “at the eleventh hour, to cloud the strong documentary record that she has not been a resident of the 5th Senatorial District” for the mandatory year prior to the November election.

As reported in the Post-Dispatch, court documents and other records suggest that Johnson has been staying with her mother at a home in the city’s West End - which is both outside the House District she represents, and the State Senate she is seeking to represent.

One of Johnson’s two rivals from within the party - State Rep. Robin Wright-Jones - filed a lawsuit challenging her residency status.

In siding with Wright-Jones, Long cited a litany of evidence, presented at an all-day hearing Friday, that Johnson moved from a home on Tara Lane, in the city’s North Point neighborhood, to a house on Maple Avenue, across district boundaries.

The evidence included:

  • A change of address form from the post office
  • Employment records showing the Maple Avenue address
  • Testimony from a tenant that rented Johnson’s Tara Lane home. The tenant, a city firefighter, contradicted Johnson’s claim that she remained in the house as a room mate.
  • A campaign contribution from Johnson to Board of Aldermen President Lewis Reed listing her address on Maple Avenue.
  • Testimony from city election officials who visited the Tara Lane home and found a slow-moving electric meter outside

The decision is interesting for all sorts of reasons, including its impact on the dynamics of the Senate race — Wright-Jones will now take on Rodney Hubbard one-on-one for the seat.

We’ll post more info as it becomes available … And, of course, a full story in Thursday’s ink edition.

Connie Johnson
Johnson

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10 comments

Comments are closed.

I have known Connie for some time now, I wish her the best in this setback. Not to add fuel to the fire, but is this considered a felony? If it is a felony her law license could be in jeopardy.

— Demetrius J. Matthews
8:30 am May 15th, 2008

No this is not a felony. The judge may believe she clouded the residency issue, but he did not state that she intentionally defrauded or misrepresented her residency status.

— LawExpert
8:47 am May 15th, 2008

The Judge made a RULING on her residency and based that ruling on evidence presented. His ruling says she did misrepresent her residency in regards to being eligible for the 5th Senatorial. Whether intentional or not, is illrelevant. I’m not a “LawExpert”, but I did stay at a Holiday Inn last night. As far as the felony I guess you’re right.

— Rick James
11:14 am May 15th, 2008

Not a felony or a misdemeanor for that matter. this is not a criminal case. only a civil matter challenging her seridency for ballot purposes. no crimes committed here.

— Alice
11:27 am May 15th, 2008

Felony or not, it doesn’t matter anymore. This changes the dynamics of the 5th Senatorial race drastically.

— gamechanger
11:46 am May 15th, 2008

It doesn’t change the dynamics of the race until Johnson decides whether to appeal and, if so, the appeal is decided. Jake’s summary didn’t address the key issue — whether Johnson’s absence from the district was temporary with intent to return. I don’t know whether the judge addressed that issue, or whether Johnson’s lawyers presented it. That was the issue on which I once won a case defending the residency of a candidate who spent time studying abroad in Germany during the year before the election, and who, unlike Johnson, did not retain any ownership or other residency claim within the district during that time.

— St_Louis_Oracle
12:55 pm May 15th, 2008

Juatice is served for someone who only filed when she couldn’t find a Jeff City job with her Repub buddies! The truth shall set you free…from the ballot that is!

— BNB
1:04 pm May 15th, 2008

Buh-ru-ther! I’m sure eyes could do a 360 in their sockets based on reading some of the above. “Roommate?” Buh-ru-ther!

In any case, Miss Gurl’s history!

Ta, ta!

— gaydem
1:23 pm May 15th, 2008

In response to the first question, if the PA wants to push it,

115.631. The following offenses, and any others specifically so described by law, shall be class one election offenses and are deemed felonies connected with the exercise of the right of suffrage. Conviction for any of these offenses shall be punished by imprisonment of not more than five years or by fine of not less than two thousand five hundred dollars but not more than ten thousand dollars or by both such imprisonment and fine:

(1) Willfully and falsely making any certificate, affidavit, or statement required to be made pursuant to any provision of sections 115.001 to 115.641 and sections 51.450* and 51.460, RSMo, including but not limited to statements specifically required to be made “under penalty of perjury”; or in any other manner knowingly furnishing false information to an election authority or election official engaged in any lawful duty or action in such a way as to hinder or mislead the authority or official in the performance of official duties. If an individual willfully and falsely makes any certificate, affidavit, or statement required to be made under section 115.155, including but not limited to statements specifically required to be made “under penalty of perjury”, such individual shall be guilty of a class C felony;

— Just Clarifying
6:08 pm May 15th, 2008

JC, you aptly listed the arguement for this to become an issue for Rep. Johnson, she however still holds the trump cards. The Prosecuting Attorney (the position is actually Circuit Attorney), Jennifer Joyce is supporting Rodney Hubbard in the 5th Senatorial District race. Therefore she has no interest in prosecuting Johnson, but maybe Catherine Hannaway does.

It is widely speculated in South Side circles that he is the one who asked Rep. Johnson to get into the race because he was concerened with a heads-up race against Rep. Wright-Jones. It has been said that the leadership of the 27th Ward are in a power struggle with other Black (primarily Northside) elected officials and turned their back on Rep. Jones because she wouldn’t get out off the Senate race.

I’m so glad I moved South! Keep up the fight Robin - but watch your back girl.

— Someone Who Knows
5:13 am May 16th, 2008