Attorney General's Office argues no violation in Hawley's residence

Attorney General's Office argues no...

JEFFERSON CITY, Mo. - Lawyers in the Missouri Attorney General's Office claim Josh Hawley's living arrangement does not violate the state's constitution.

The motion made by Dean Sauer claims a difference between a person's "residence" and "domicile." While Hawley and his family live in Boone County, he also owns an apartment in Jefferson City. The Missouri Constitution requires the attorney general "to reside at the seat of government."

Donna Mueller, a Jefferson City resident, filed a lawsuit last month over the issue. The St. Louis Post-Dispatch first reported that Hawley continued to live in his Boone County home after his inauguration. The Boone County Clerk then investigated in August after a resident complained about a vote Hawley cast in the county during a special election. The clerk eventually decided that Hawley's permanent residence was in Boone County for purposes of voting.

Sauer, an employee in the attorney general's office, wrote about the legal difference between a "residence" and a "domicile."

"'Residence means 'bodily presence as an inhabitant in a given place,' while 'domicile' 'requires bodily presence plus an intention to make the place one's home. A person thus may have more than one residence at a time but only one domicile,'" the motion said, quoting Black's Law Dictionary.

A hearing is scheduled on Monday for 1:30 p.m. in Cole County.


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