Board of Election Commissioners v. Knipp

For the reasons following, I must respectfully dissent.

The majority opinion misperceives the scope of the action and the trial court’s authority to entertain all issues raised by the parties. It not only fails to recognize the breadth of issues framed by the pleadings, but equally important it disregards the fact that proof was adduced by the contesting candidates justifying a recount and new election. Unfortunately, the majority treats the case as though the only significant pleading was the Election Board’s petition filed under the authority of § 115.600, RSMo 1986.1 However, even though it…