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Clay County commissioners debate nonpartisan election rules, agree to reword handling of unopposed races
Summary
Clay County commissioners debated whether unopposed candidates should be declared winners or whether the general election should proceed, discussed allowing write-ins and top-two rules, and asked staff to consult the election board and draft replacement language before the next meeting.
Clay County commissioners spent the session reviewing Article 7 of the proposed county constitution and reached an informal consensus to delete language that would automatically declare a sole candidate the winner of an office.
The move came after commissioners and members of the public debated whether voters should always have a chance to decide in a November general election even when a candidate runs unopposed. Kevin, the county counselor, told the panel that state law permits write-in candidates but said the commission must decide whether the draft constitution should hold a general election when only one candidate files or formally declare that candidate elected.
The discussion focused on two practical concerns: turnout and unexpected mid-cycle events. Commissioners cited turnout data from 2022 (about 35,000 primary voters and roughly 74,000 general-election voters) to argue that November turnout is often larger and therefore a preferable safeguard for voter choice. Several commissioners said they favored a top-two approach (advance two candidates from a primary) or removing a sentence that allows a primary majority to foreclose a November contest so that the general always provides a broader electorate.
Joanne Lawson, who addressed the panel during public comment, urged restraint and simplicity: "I go by the KISS principle. Keep it simple, stupid," she said, arguing the current practice had worked well and noting cost and practical considerations for candidates.
Commissioners also discussed technical points — whether write-in spaces appear automatically on ballots, and how state law fills vacancies if a candidate dies or is disqualified after filing. Kevin said the election board would be consulted and that staff would draft replacement language clarifying how single-candidate offices should appear on the August primary and November general ballots.
The panel did not take a formal recorded vote on the change; instead the chair noted a consensus to remove the subsection that would auto-declare unopposed winners and directed staff to prepare revised language for the commission's next meeting. That meeting was scheduled for the week of May 4–10 to allow time for counsel to confer with the election board; counsel reminded commissioners the county must meet a May 26 filing deadline to appear on an August ballot, with a later deadline available for November.
