Missouri appeals court rejects election of prosecutor

A state appeals court says a northern Missouri county lacked authority for electing a prosecutor to replace an appointee.

Scott Summers was named prosecutor in Schuyler County after no resident filed during the 2010 election and the person receiving the most write-in votes declined.

The next regular election for prosecutor is 2014, and the office was placed on the 2012 ballot. Summers challenged that.

A divided panel of the Missouri Court of Appeals' Western District concluded Tuesday that Summers' tenure should continue until the next regular election for the office in 2014. It says the county clerk did not have authority to place it on the 2012 ballot and that the winner was prohibited from assuming the post. The appeals panel sent the case back to a trial court.

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