Write-in campaign falls short

Leonard wins Burrton mayor post by one vote


Newton Kansan
Posted Apr 10, 2009 @ 10:16 PM

NEWTON —

Friday morning, Terry Leonard finally won the race for Burrton mayor.

“It was pretty intense,” Leonard said. “It’s a true example of how every vote counts.”

Though he was the only candidate on the ballot, Leonard ran into stiff competition from write-in candidate Rusty Walter. At the end of Tuesday’s election, and a re-count of ballots Wednesday, only one vote separated the two candidates. Two provisional ballots remained, and a write-in for “Rusty Baker.”

Both provisional ballots were approved and counted by the County Commission Friday morning. Those ballots were split — one for Walter and one for Leonard.

All that was left was the Baker ballot, and a decision for the county commission to make.

According to statute 25.3.30.02, the commission must determine the intent of a voter in a write-in campaign. For example, in November’s sheriff’s election, a write-in of “AJ” would have counted as a vote for former sheriff and write-in candidate A.J. Wuthnow.

The waters were very muddy when considering the Baker ballot. Not only did a Rusty Baker, whose full name is Russell Baker Jr., once live in Burrton, but his father Russell Baker Sr. ran a write-in campaign for an election two years ago.

“For me, even though I usually err on the side of counting people’s ballots, I don’t know that I am omnipotent enough to determine what that person wants,” said commissioner Marge Roberson. “I don’t know if they were thinking it was two years ago, or what happened.”

Commissioner Chip Westfall asked to see the ballot, and he spent about a minute examining the ballot.

It was at this time Westfall made it clear he would not support moving the Baker ballot into the Walter column of the election results.

“This is clearly written,” Westfall said. “There’s no attempt (to correct it) and this is not a misspelled name.”

The commission took no action to change who the ballot was credited to, and Leonard came out with a 65-64 victory.

Had the commission chosen to credit the Baker ballot to Walter, the race would have been tied. According to state statute, it would then have been decided by the drawing of lots or a coin toss.

Leonard will begin his first term as mayor after serving two years on the city council. Walter will remain on the city council.

“We will have a whole new council,” Leonard said. “It will be a busy few months as we all get up to speed.”’

Leonard said important efforts he and the council will need to take on are economic development and “creating a positive image for Burrton will be key.”