May 20, 2013

Supreme Court decisions allow Nasheed, Taylor to run in August

Two decisions handed down today by the Missouri Supreme Court clear the way for two St. Louis-area democrat state lawmakers to run in the August Primary.

Representatives Jamilah Nasheed and Sylvester Taylor II

The Court upheld the trial court ruling that Representative Sylvester Taylor II can run in the 75th House District against Representative Rochelle Walton Gray. Gray petitioned the trial court saying that Taylor was ineligible because he didn’t live in that district for one year prior to the general election. The Supreme Court’s ruling says he only has to have lived in the county or any of the districts from which the 75th was drawn during reapportionment, and Taylor meets those criteria.

See the summary and the decision on the Walton Gray petition.

The Court overturned a trial court decision barring Representative Jamilah Nasheed from running in the 5th Senate District against Senator Robin Wright-Jones and Representative Jeanette Mott Oxford. Wright-Jones had petitioned that Nasheed was not eligible because she didn’t live in the district. The Court says an exception in the Constitution that lets a candidate live in any district from which the new district was drawn in the year prior to reapportionment.

See the summary and the decision on the Wright-Jones petition.

The Court usually accepts post-motion opinions for 15 days after handing down a decision, but under the expedited nature of this case that deadline is tomorrow. Its decision is not final until it issues a mandate.

Supreme Court to consider legislative residency cases (AUDIO)

The Supreme Court will consider two cases in which Democrat state lawmakers have been told they can’t run in the districts they want to, in the August primary.

Representatives Jamilah Nasheed and Sylvester Taylor (photos courtesy, Missouri House Communications)

The Missouri Court of Appeals on Thursday ruled Black Jack Representative Sylvester Taylor can’t run in a St. Louis County District against Representative Rochelle Walton Gray because he doesn’t live there. Wednesday, it ruled that St. Louis Representative Jamilah Nasheed can’t run in a St. Louis state Senate district against Senator Robin Wright-Jones and Representative Jeanette Mott Oxford, for the same reason.

The Supreme Court this afternoon agreed to hear both cases and to expedite them.

The Court took them up “on briefs,” meaning the cases presented to the appellate court are what the Supreme Court will consider. Spokeswoman Beth Riggert says it’s an unusual move.

“On occasion, the Court will have certain types of cases that it needs to expedite, and election cases like this where there is a deadline looming, the Court will do what it can to process the case and move it forward as quickly as it is able, while still giving the parties in the case a full opportunity to be heard, which is what’s happening here. The parties have already had the opportunity to fully brief the case and argue the case, and this allows the court to move that case forward as quickly as it is able to a decision.”

The Court’s decision could be handed down at any time, and could affect more than two dozen other candidates in the state.

AUDIO:  Mike Lear reports, :55