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05.01.2008 6:14 am

Judge won’t dismiss Connie Johnson suit — or himself

St. Louis Post-Dispatch

A city judge on Wednesday refused to dismiss a suit challenging State Rep. Connie Johnson’s eligibility to run for Senate.

One of Johnson’s Democratic rivals, State Rep. Robin Wright-Jones, has sued to kick Johnson off the ballot, accusing her of living outside of the district.

In an hour-long hearing that had the feel of an election law seminar, Judge Mark Neill rejected a motion by Johnson’s attorney, Rufus Tate, to toss the case.

Tate argued unsuccessfully that, according to state election law, Johnson should have had a preliminary hearing no more than five days after the challenge was filed on April 22.

Neill rejected the pitch, saying his only deadline is May 27 - the day the August primary ballot must be certified by the Secretary of State.

The case is on track for bench trial in front of Neill on May 9.

Also Wednesday, Neill sought to clear the air of any potential conflicts. He disclosed that his brother, attorney Joseph Neill, was on the host committee of a March fundraiser for Wright-Jones. The event, held at the Soulard tavern McGurk’s, featured former State Supreme Court Chief Justice Ronnie White.

Judge Neill apparently did not think the connection was enough to recuse himself - or maybe it was just that the courthouse was running out of judges.

Court records indicate that two other city judges have already excused themselves from the politically-intense case.

Connie Johnson

Johnson

Wright-Jones

Wright-Jones

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7 comments

Comments are closed.

While I feel a candidate should live in the district they wish to represent, I see no reason and strongly feel the judge should excuse himself from this trial. It’s too close to a conflict of interest.

By the way, just found out one does not need to be a resident of the Congressional District to run for that spot. We have a Libertarian candidate, Tamara Millay who lives in the 1st District but has decided to run in the 9th. While she has every right to run, I sincerely hope Ms. Millay reconsiders.

— Barbara
10:19 am May 1st, 2008

Barbara, the fact that you don’t need to live in the district to run for US Congress is not news around here - one of our “frequent flyers”, Bill Haas, lives in the 1st, but is running in the 2nd.

— Nick Kasoff
11:53 am May 1st, 2008

Seems your Mr Haas and our Ms. Millay are, as you say Nick, ‘frequent flyers’ Both have run for multiple offices.

— Barbara
4:45 am May 2nd, 2008

Ring Ring! Anybody notice that Wright-Jones and Johnson are running for a STATE SENATE seat not a U.S. COngressional seat? No need to live in the district for a seat in Congress, but Missouri law DOES require a candidate to live in the district they wish to represent.

— Joy Tample
9:11 am May 2nd, 2008

Johnson doesn’t live in the district. She’s evidently certified to not living in the district in a recent court filing involving her current residence outside of the district. The real question here is whether she still lives within her current House district boundry. If the judge rules against her, she might not only lose her place on the ballot for the 5th senate district, she could also lose her current House seat.

Article III, section 13 of the Missouri Constitution states “If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.”

The stakes are high for Connie and it looks like her luck may finally be running out.

— J Andrew
9:29 am May 2nd, 2008

“Article III, section 13 of the Missouri Constitution states “If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.”

The stakes are high for Connie and it looks like her luck may finally be running out.”

As if we could all be that lucky!!!!! Her treatment of committee witnesses is appalling. She challenged one a county sheriff to an argument out in the hallway. Very unbecoming and made her look foolish.

— Astonished
1:23 pm May 2nd, 2008

Connie Johnson is a bully and deserves to lose the election, but she should win the lawsuit and have the right to press her candidacy. According to legal precedents that have saved candidates ranging from Kit Bond to a Green Party candidate for city office, all Johnson needs to demonstrate is that her residence outside the district to care for her mother was temporary and that she always intended to return the district (e.g., the home in the district that she owns but rented out while at her mother’s).

This lawsuit does not affect her right to retain her current state rep seat. The legislature is the sole judge of the qualification of its members, and it is unlikely to act on Johnson’s residency during the brief, hectic time remaining in the current session.

— St_Louis_Oracle
1:48 pm May 2nd, 2008