Missouri Supreme Court to hear legislative residency case

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June 15, 2012

Missouri

By: Bailey Ludlam

JEFFERSON CITY, Missouri: On Thursday, June 14, a case regarding legislative residency was transferred to the Missouri Supreme Court.[1]

The Missouri Court of Appeals ruled that Rep. Sylvester Taylor should not appear on the August 7 primary election ballot because he does not reside in the newly drawn House district in which he is seeking election. However, according to reports instead of taking action the court simply outlined its reasoning and transferred the case immediately to the Missouri Supreme Court.[1]

Earlier this week, the Missouri Court of Appeals also ruled that Rep. Jamilah Nasheed cannot seek the 5th District Senate seat because she lives outside of the district's boundaries. That case was also transferred to the Missouri Supreme Court.[2]

The state's high court is expected to expedite the cases. News reports indicate that about 33 candidates could be affected by the final ruling.[2]

The Missouri Constitution requires that candidates live in the districts that they want to represent. Candidates must reside in the districts at least a year prior to the election, unless the district has not been established for at least a year.[2]

Court opinions in 1967 and 1982 states that the clause allowed candidates to run in the newly drawn districts "if they live in any portion of a district from which the new district has been taken."[2]

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