Two of the six candidates for Johnson County prosecutor did not file a state economic disclosure form by the deadline required, casting into question whether they are eligible candidates.
The caucus is set to take place Thursday night, but Carrie Miles, one of the candidates who did not file the form on time, said if the county Republican Party does not communicate with her about whether she can proceed as a candidate, she will file a lawsuit. She was considering asking a judge for a declaratory judgment to order the caucus to be rescheduled so that all candidates are in compliance with the deadline, or a temporary restraining order to prevent the caucus from being conducted on Thursday, she said on Wednesday evening.
County Republican Party Chairwoman Beth Boyce said she had already responded to Miles and understood that Miles wanted to proceed as a candidate, and that Miles had been told that Boyce could not and would not remove her from the ballot, unless she chose to withdraw.
But as the party chairwoman, Boyce’s duty is to inform the public and the precinct committee members who are voting, she said.
Mike Vertesch, the other candidate who did not file the form by the deadline, said he is contemplating his next steps, but the issue raises questions about the fairness of the disclosure of the requirements to the candidates.
At issue is what state law says regarding the two requirements to be an official candidate for prosecutor in a caucus, who knew the information and when, and whether it was anyone’s responsibility to inform the candidates or if the responsibility to be informed rested with them.
The law says: A person who wishes to be a candidate must file a declaration of candidacy with the chairman of the caucus; and a statement of economic interests with the commission on judicial qualifications if the vacancy is in the office of prosecuting attorney. Both statements had to be filed at least 72 hours before the caucus. That deadline passed at 6:30 p.m. Monday.
Miles said she wonders if the Johnson County Republican Party not sharing information about the economic form requirement was an intentional act, and called it possible “dirty pool” meant to keep certain candidates from being eligible.
“I smell a rat,” Miles said. “We were in regular communication up until that point.”
Boyce said she and the central committee have worked hard to conduct a fair, transparent caucus for the candidates, voters and the public. As the chairwoman of the party and the caucus, the only requirement she oversees is that candidates submit a letter to her 72 hours before the caucus, as required by law.
Other requirements as outlined in the law are not under her purview as the party chairwoman, she said.
The requirement concerning the economic form is spelled out in state law, and those forms must be turned in to the state Office of Judicial Qualifications. Boyce and the local party do not collect or require the forms.
On Tuesday, Boyce contacted the state to confirm that all candidates had submitted the required paperwork, after a candidate inquired with her. The state could not provide the information, so she contacted each candidate. Two had previously sent confirmation to Boyce as a courtesy, and two other candidates provided the confirmation upon her request. But Vertesch and Miles had not submitted the paperwork, they told her on Tuesday evening. Miles said she has since filed the paperwork.
Boyce has not and won’t ask any candidates to withdraw, and she cannot remove them as candidates, she said. She simply advised them of the law.
At the caucus on Thursday, she plans to read state law regarding the requirements and inform the precinct committee members who are voting about which candidates met the requirements and which did not. If Vertesch or Miles are selected in the caucus, she will address the issue of how to proceed with the eligibility issue at that time, she said.
“It is my responsibility to the party and the public to say ‘this is where we’re at right now,'” Boyce said.
Miles said the fix is simple: Allow all candidates to participate in the caucus as eligible candidates and let the precinct committee members vote based on qualifications. The party could also move the caucus back by several days to allow all candidates to be in compliance with the deadline.
Boyce plans to allow all candidates to participate and will address the eligibility matter if it becomes an issue with the candidate who wins the caucus.
Miles questions the timing of Boyce’s check as to whether all candidates were in compliance, and why candidates weren’t told to check the rules for candidacy on their own when Miles specifically questioned if she had met the requirements. The issue is one of fundamental fairness, Miles said.
Still, she acknowledges her role in meeting the requirements as a candidate.
“We’re adults and we should take some responsibility for ourselves and I accept that and I recognize it,” Miles said.
She said she was told by the party in writing that sending Boyce the candidacy letter was the only step she needed to take to become a candidate, and that she had been treated by the party as a candidate and had regular communication.
On Wednesday evening, Vertesch said he was considering the issues and didn’t want to make a statement that would prejudice someone else’s position on the matter.
“I want to do the right thing to make it the easiest on everybody under the circumstances,” he said.
The party has 30 days from the date of the vacancy, which occurred on July 17, to conduct a caucus to replace Brad Cooper. Cooper was removed from office when he was convicted of felonies.
The caucus is scheduled for 6:30 p.m. Thursday at Grace Assembly of God Church in Greenwood.
