Independence is heading to court to force a special primary election, after the Jackson County Election Board refused to schedule one for a City Council seat left vacant by a recall. The Independence City Council voted this week to authorize the legal action, seeking to fill the First District vacancy created by the September recall of Councilman John Perkins.
The city is filing a petition for a writ of mandamus against the election board, according to KMBC. That filing follows a vote the council took on Nov. 2 to authorize legal action, after the election board declined to conduct a special primary that would have been set for Feb. 2, 2027. City officials say they are trying to move the election process forward so First District residents can choose their next councilmember under the city charter.
A Charter Dispute With No Clear Answer Yet
At the center of the fight is a disagreement over how the city charter should be read. Independence argues that its charter requires a primary election whenever more than two candidates complete the nominating process, including special elections called to fill a vacancy, per the city's stated position relayed by KMBC. The election board has pushed back with a different reading, citing Missouri law limiting February elections in odd-numbered years and arguing that the Independence charter calls for primaries in even-numbered years.
The election board also said it had not received an official certification calling for a February 2027 election, the station reports. Independence's legal department tried to resolve the dispute before heading to court, sending a letter to the election board on Oct. 26 asking board leaders to reconsider their decision. The election board has not responded to that letter, according to the same account.
Board Says It's Ready to Let a Judge Decide
Rather than reverse course on its own, the election board indicated it would rather let a court settle the matter. “We are prepared to ask the court for direction,” the board said, adding that it is prepared to conduct an election authorized by law or ordered by a circuit court, per the station's report.
Independence is leaning on precedent to make its case. The city's lawyers cited a similar process from 2022, when the election board conducted both a special primary and a special general election to fill a vacant council seat, the same account notes. That earlier episode saw the City Council vote 6-0 to approve an election for the vacant seat if more than two candidates sought it, according to KSHB, with the top two primary finishers set to advance to the Nov. 8 general election.
The Recall That Started It All
The vacancy itself traces back to a contentious vote over a data center project. Perkins was one of five Independence council members who voted in March to approve tax incentives for the Nebius AI data center, according to KCTV. That vote set off a backlash that culminated in September, when a recall election removed Perkins from the First District council seat.
Of the five council members who backed the incentives, two others are now out of office through separate elections, while two remain on the council, KCTV reports. Independence says it is moving forward with a filing seeking an appropriate legal remedy as it tries to get a replacement election on the books, leaving the timeline for choosing Perkins' successor in the hands of the courts for now.
