ST. CHARLES COUNTY — A judge has again rejected a Republican state House district candidate’s effort to disqualify a competitor in the upcoming Aug. 6 primary election for a west-central St. Charles County seat.
Max Calfo had asked for a new trial that he hoped would result in Mike Costlow, a fellow Republican and current Dardenne Prairie alderman, being deemed ineligible because of prior charges related to a “paintball gun trading scheme†that Costlow orchestrated nearly two decades ago when he a 19-year-old living in Georgia.
Missouri law prohibits anyone with a felony conviction from holding public office.
“I would think that anyone who committed these crimes as he did is unfit for office,†Calfo said.
Calfo’s appeal came weeks after St. Charles County Circuit Court Judge Daniel Pelikan had dismissed his lawsuit, citing a lack of evidence regarding Costlow’s charges.
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Costlow has argued that he is eligible because he has “been exonerated by the courts in Georgia†after his criminal record was expunged under Georgia’s First Offender Act.Â
Court records provided by Costlow to the Post-Dispatch show his case was "discharged without court adjudication of guilt."
Calfo argued there is a record of Costlow pleading guilty to a felony in 2007. Calfo requested access to that record as part of his case, but he claims a Georgia court clerk failed to do so. In his appeal, he argued the judge should have had access to that information to confirm Costlow’s felony conviction.
After the hearing, Costlow described Calfo’s lawsuit as “a distraction.â€
“There’s nothing there. He’s been told many times to run a clean race, but he refuses,†Costlow said.
Calfo said the issue of Costlow’s past in Georgia is becoming the defining issue in the race. The winner will face Democrat Susan Shumway in November for a district that largely includes Lake Saint Louis and portions of Dardenne Prairie and O’Fallon.
“I think his criminal record is becoming the No. 1 issue in this race,†Calfo said. “When I talk to voters and they bring this up, they are always asking me why he hasn’t dropped out yet.â€
Costlow said that hasn’t been his experience out on the campaign trail.
“He is working as hard as he can to make this an issue. I have not had a single person ask me about this,†Costlow said. Instead, he said voters are talking to him about local issues such as keeping Peruque Creek free from pollution following the completion of a meat-packing plant downstream in rural Warren County.
“Max is trying to craft a false narrative — that’s all this is,†Costlow said.
This is not the first time that candidates for this state House seat have found themselves in court. Earlier this year, Calfo was sued by the current state representative Justin Hicks, who accused Calfo of releasing “private facts†when the candidate shared copies of protective orders filed by a woman who said Hicks assaulted and harassed her.
That case was later dismissed, and Hicks opted to not seek reelection. Instead, he launched a now-abandoned race for U.S. Congress.
“If you look at this race and the lawsuits, Max is the common denominator,†Costlow said. “He has nothing better to do than to attack people.â€
Editor's note: Costlow, in an interview, admitted guilt in the Georgia "paintball gun trading scheme." But a Georgia program for first-time offenders put him on probation for seven years after which the case was discharged "without court adjudication of guilt."