A petition has now been filed in the case by former Clark County prosecuting attorney Scott Summers, who was appointed to the position two years ago by Missouri Governor Jay Nixon.
In the November election, a race was on the ballot for the Schuyler County Prosecutor’s office, and voters in Schuyler County selected Lindsay Gravett to fill the office.
Summers has now filed a petition in the case citing a state statute that Summers claims says he should remain in the position until the office is scheduled for election in 2014.
Schuyler County Clerk Bree Shaw and Gravett have been named as defendants in the case.
Shaw’s attorney has filed a response that cites another statute that they claim mandates that any vacancy in county office filled by the governor is to serve until January after the following election. It is also claimed that Summers allegedly failed to file his petition in time, claiming the petition should have been filed within five days of the election certification.
Gravett’s attorney has filed a motion to dismiss the claim.
A court hearing on the case has been scheduled for Monday December 10th in Schuyler County.