A legal opinion from almost a quarter-century ago could have an impact on the 2010  treasurer’s race in Marion County.

 


   A legal opinion from almost a quarter-century ago could have an impact on the 2010  treasurer’s race in Marion County.
   One of the four candidates in the Aug. 3 Democrat primary, Kindsey Redd of Palmyra, has been a deputy county clerk for the last five years.
   State law bans sheriffs, marshals, clerks, collectors or their deputies from running for treasurer.
   However, an opinion issued to Mississippi County on Sept. 2, 1986, by then-Attorney General William L. Webster allowed the practice, as long as “the deputy county clerk resigns his or her position as deputy prior to the general election.”
   Redd, who so far faces Democrats Teya Stice of Palmyra, Joelle Fohey of Palmyra and Mike McLerren of Hannibal, said she knew about the statute and ruling before filing on March 2.
   “I sure wasn’t going to file without making sure it was absolutely legal for me to do so,” Redd said. “We checked it out.”
   Redd said that if she’s chosen as the Democrat nominee, she will formally resign two days before facing Republican Adam R. Jones of Palmyra in the Nov. 2 general election. Candidates have until 5 p.m. Tuesday to file.
   Webster could not find a specific case that dealt with the problem, but his opinion cited cases from 1919 and 1941. He concluded that the ruling in one case allowed deputy clerks to run for treasurer unless they kept their jobs past the general election.
   Marion County Clerk Bob Ravenscraft, who is retiring after more than two decades in office and is familiar with elections around the state, said the situation does happen from time to time.
   “It has been done in the past in other counties and, to my knowledge, there is no problem,” Ravenscraft said.
   A spokeswoman in the Missouri Secretary of State’s office had no information about the law, but it has been a part of the Missouri revised statutes since at least 1978.
   Incumbent Marion County Treasurer Jean Buckman is not seeking re-election after five terms.