Our Opinion: AG should follow letter — and spirit — of the law

News Tribune Editorial

We question why the state's top law enforcement official - and someone who is considering a run for the U.S. Senate - would continue to draw unwanted attention to himself.

Missouri law requires the state attorney general "reside at the seat of government and keep his office in the supreme court building."

After taking office in January, Hawley, a Republican, first drew criticism by keeping his Columbia residency. After Democrats pounced on him, he rented a two-bedroom apartment in the Jefferson City limits. He said he planned to "stay there as needed to make it a true personal residence (for legal purposes)," while emphasizing his primary home would remain in Columbia.

On Wednesday, it was reported Hawley recently voted in a Boone County special election. Voters must register "in the jurisdiction within which he or she resides," according to a state election law.

This, of course, gives more ammunition to his opponents, who point to this as one more piece of evidence that the state's top law enforcer is breaking the law.

"Attorney General Josh Hawley, our state's top law enforcement official, is either lying to Missourians about where he lives or voting in a county in which he does not legally reside," said Meira Bernstein, Missouri Democratic Party communications director, in a statement.

The Associated Press reported a legal analysis provided in January by Deputy Attorney General Michael Martinich-Sauter contended Hawley is complying with the law because his home is within "ordinary commuting distance" - about a 20-minute drive - of Jefferson City. It compared his residency status to state employees who commute to the capitol complex from other areas of Jefferson City or other areas of the county.

We question whether you can travel from northern Jefferson City to southern Columbia within even 25 minutes while staying within the speed limit, but that's not the point. State law doesn't specify times or distances in residency and voting laws. But our layman's take on the law is that the attorney general does need to live - and therefore vote - in Jefferson City.

If the law is outdated and unneeded, which we believe might be the case, the Legislature should strike it from the books.

But until that happens, the attorney general, of all people, should follow the spirit and letter of the law.

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