Pardoned Felon Ineligible For Public Office

The Missouri Supreme Court has held that a convicted (and pardoned) felon is ineligible for elective office

Respondent Jeff Fletcher, in his official capacity as Cass County clerk (“Clerk”), filed a petition in the circuit court seeking a declaratory judgment as to whether Herschel Young is qualified to be a candidate for elective public office in the state of Missouri and eligible to be placed on the ballot at the primary election to be held August 6, 2024. The circuit court determined Young is not a qualified candidate for elective public office and ineligible to be on the primary election ballot under Missouri law because he previously pleaded guilty to a felony, notwithstanding a gubernatorial pardon of Young’s felony conviction. Finding no error, this Court affirms.

The crime

In 1995, Herschel Young pleaded guilty to assault in the second degree, a class C felony, in Cass County, Missouri, and was sentenced to one year imprisonment. The circuit court suspended execution of his sentence and placed him on probation for three years. Young successfully completed his probation. In 2023, the governor granted Young a pardon from the 1995 conviction.

On February 27, 2024, Young submitted a declaration of candidacy to Clerk, announcing himself as a candidate for the south district commissioner of Cass County at the primary election to be held on August 6, 2024.

Conclusion

In section 115.306.1, the legislature has determined anyone who has pleaded guilty to a felony offense under Missouri law is disqualified from holding elective public office. Accordingly, this Court affirms the circuit court’s judgment declaring Herschel Young unqualified to be a candidate for elective public office in the state of Missouri and ineligible to be on the primary election ballot for the election to be held on August 6, 2024

Dissent of Justice Ransom

I respectfully dissent. Because there was not compliance with Rule 87.04 in the circuit court, I would reverse and remand to the circuit court to permit notice to the Attorney General to allow the challenge to the constitutional validity of section 115.306.1. RSMo Supp. 2023, to proceed. Without the required notice to the attorney general, I do not believe this Court should be able to reach arguments touching upon the constitutional validity of the statute in an appeal.

(Mike Frisch)