Section III Section 13

Constitution

Effective - 27 Feb 1945, see footnote   

  III Section 13.  Vacation of office by removal of residence. — If any senator or representative remove his residence from the district or county for which he was elected, his office shall thereby be vacated.

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Source: Const. of 1875, Art. IV, § 13.

(1971) Legislative body of which he is a member has exclusive right to determine elected representative's qualifications to hold or assume office and courts are without jurisdiction to determine issue of removal of residence from district. State v. Hickey (Mo.), 475 S.W.2d 617.

(1972) Speaker of house of representatives, upon request by a member of house, must issue subpoenas for witnesses to appear before public and depose and testify in the matter of a charge made in the house that a member has removed his residence from his district and thereby vacated his office but clear right to issuance of subpoenas duces tecum not shown by members. In re Marshall (Mo.), 478 S.W.2d 1.