KC Council James leads by a Nose—20 Pounds Hit by server trouble-We’re Back March 22, 2011

Attorney Sly James has a narrow 2 point lead in the Kansas City mayor’s race with about 75% of the vote in. According to KMBC News, it’s James 51%, Burke 49%.

In the first District at-large, Scott Wagner has defeated Daina Kennedy easily. And scott Taylor from the 6th district at large has defeated  tracy Ward.

In other Council races, as expected for ATA Administrator Dick Davis has been elected to the 1st District.

Incumbent Russ Johnson has won re-eleection over Aaron Benefield in  the 2nd District.

Incumbent Ed Ford has a lead over a strong challenger Allen Dillingham  55-45%.

3rd district At Large incumbent Melba Curls appears on her way to victory over Allen Dillingham   55-45%.

 In district however, challenger Jermaine Reed has a 65-35% lead over incumbent Sharon Sanders Brooks with 60% of the vote in.

In the closely watched 4th At large district race, urban planner John Crawford leads former City Councilman Jim Glover   54-46%. 60% in. 

Jan Marcason in the 4th district was unopposed. In the 5th Cindy Circo, the incumbent has easily won re-election.

In South Kansas City, in the 5th district, Michael Brooks, leads another former Councilman Ken Bacchus  52-48% with 60% in.

Incumbent councilman John Sharp has a comfortable lead over city activist Terrance Nash. With  60% counted, Sharp leads  easily.

Live blogging Tonight on KC Mayor & Council Elelctions March 22, 2011

Polls in Kansas City close at 7pm tonight.  early indications show the turn-out could be in the  20% range. That is what the KC Election Board is predicting.

’20 Pounds’ will be blogging the latest on the numbers and the scoops tonight all evening long. Check back frequently for the latest.

Fletcher Appeals Ruling, “Fast and Loose With the Facts” March 8, 2011

The full opinion is out in the Michael Fletcher appeal.

The Missouri Court of Appeals affirmed a Jackson County Trial Judge who disqualified Fletcher from the 3rd district City Council ballot.

Here is a portion of the Court of Appeals opinion where the judges explain why they were not persuaded in Fletcher’s claim he always intended to remain a Kansas City resident.

Part of the problem is he filed legal papers in a California federal court stating he was now living and working in California as recently as 2010.

Part of the opinion reads, “The bulk of the representations made in Fletcher’s federal litigation were filed by him in April and October of 2010, which is in disturbingly close proximity to when Fletcher signed his candidate affidavit for Office on November 9, 2010. This affidavit attested to the fact that Fletcher met ―the qualifications for the office I am seeking as defined in the City Charter of Kansas City, Missouri.Accordingly, based on all of the above, we do not believe that it is a stretch to find that Fletcher was ―playing fast and loose with the court.

Fletcher next contends that ―[i]t is no argument to say that Mr. Fletcher‘s evidence was credible and persuasive on the issue of his Missouri residency while at the same time pronouncing that his use in a prior pleading of the term ‘domicile‘ constitutes an inconsistent statement rising to the level of playing ‘fast and loose‘ with the Court.

But what Fletcher ignores is that he created the tension of which he now complains by being factually inconsistent in two separate legal actions. Had Fletcher contended that he was domiciled in Missouri in the federal litigation there would be no clearly inconsistent position, and thus the instant situation is one of his own making.

Moreover, our analysis is not predicated solely on the fact that Fletcher‘s clearly inconsistent position was at best disingenuous and self-serving, because the Missouri Supreme Court has held that the rule of judicial estoppel is also to preserve the dignity of the courts and insure order in judicial proceedings.”…

3rd District Council Woman Sharon Sanders Brooks Calls for Unity after Fletcher Ruling (see previous posts) March 7, 2011

Appeals Court Rules Against Fletcher. He Pledges Recall Campaign Against 3D Winner March 7, 2011

The Missouri Appeals Court has upheld the disqualification of 3rd district city council candidate Michael Fletcher.
The exceptionally fast ruling was prompted by the need to begin printing ballots for the March 22 City elections.
The court affirmed the disqualification after less than an hour of deliberation. Fletcher’s problem is residency.
While he owns a house in Kansas city and lives in a 3rd district apartment, he also has a home and family in Long Beach, California. He moved there in 2006.
He also filed. Papers in federal court in California saying he now lives and works there.
The judges were in agreement with the trial court that Fletcher was trying to have it both ways.
After the ruling Fletcher said he intended to launch a recall campaign against who wins the 3rd district race; incumbent Sharon Sanders Brooks, or Jermaine Reed.
Fletcher says the ruling by three white judges at the appeals level and white judge at the trial level means whites were picking the elected official for a city council district that has an overwhelming black majority.