Curtis v. Missouri Democratic Party

The Supreme Court affirmed the judgment of the circuit court quashing its preliminary order in mandamus against the Missouri Democratic Party and its chair and the secretary of state (collectively, Respondents), holding that, under the facts and circumstances of this case, Representative Courtney Curtis failed to show he was entitled to mandamus relief under Mo. Rev. Stat. 115.357.Curtis requested the circuit court issue a writ of mandamus ordering Respondents to accept his declaration of candidacy for the fourteenth senate district pursuant and filing fee as timely filed. The circuit court issued a preliminary order in mandamus then, following a hearing, quashed the preliminary order in mandamus. The Supreme Court affirmed, holding (1) Curtis failed to prove that either the Missouri Democratic Party or its chair were public officials against whom the remedy of mandamus is properly imposed; and (2) because the record did not reflect that Curtis submitted or attempted to submit his filing fee to the secretary of state’s office, the secretary of state did not fail to perform the ministerial duty of accepting Curtis’ filing fee in this case. View "Curtis v. Missouri Democratic Party" on Justia Law