Missouri’s embattled secretary of state is facing a new whistleblower lawsuit accusing his office of illegally overturning a small city council election, adding to a growing pile of legal trouble for a Republican official already fighting to defend the state’s controversial congressional map.
According to the Kansas City Star, Aaron Gibson appeared to win a Marshall, Missouri city council seat in April with 39 write-in votes to opponent Michael Varner’s 38, since only exact-name write-ins counted under local officials’ initial tally. But according to a lawsuit filed by Nick La Strada, Denny Hoskins’ former director of election integrity, the secretary of state’s elections division later instructed local officials to fold in ballots that used other name variations, pushing Varner ahead with 45 votes against Gibson’s 41.
City Administrator J.D. Kehrman confirmed the reversal in an April statement, explaining the state’s election division had determined voter intent favored Varner. La Strada’s lawsuit argues that call was never the secretary of state’s to make in the first place.
“Once an election is certified, only a Judge can order a recount and only a Judge can change the results of the election,” the lawsuit states. “Despite clear law prohibiting it, four days later, [Hoskins’ office] undertook its own retabulation.”
Gibson said state elections director Chrissy Peters personally pushed Marshall officials to certify Varner instead, allegedly threatening an investigation if the city refused to comply. The lawsuit claims that pressure ultimately forced the city to reverse its own certified result.
“I was done wrong. Nick La Strada was done wrong. The city of Marshall won’t correct their mistake,” Gibson said.
Gibson said he looked into suing over the outcome himself but backed off once an attorney quoted him a price tag exceeding $10,000. Meanwhile, Saline County’s own official records still list Gibson as the rightful winner, and a records request seeking communication between the county and the secretary of state’s office turned up nothing related to the dispute.
The Marshall controversy is just one of three lawsuits Hoskins is currently fighting.
Two separate suits filed by voters in the past week accuse him of waiting until the absolute last legal moment, Aug. 4, to reject a referendum on Missouri’s new congressional map, a delay they argue improperly stripped them of their ability to vote on candidates during the primary. Both lawsuits seek damages under a state law allowing residents to sue the secretary of state directly for neglecting official duties, with penalties ranging from $100 to $500 per case.
Hoskins has spent recent months embroiled in a high-profile legal battle defending Missouri’s Republican-drawn congressional map, even facing a contempt hearing before the state Supreme Court earlier this month.
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