Missouri Constitution

Article VII
PUBLIC OFFICERS
Section 6

August 28, 2013



Penalty for nepotism.

Section 6. Any public officer or employee in this state who by virtue of his office or employment names or appoints to public office or employment any relative within the fourth degree, by consanguinity or affinity, shall thereby forfeit his office or employment.

Source: Const. of 1875, Art. XIV, 13 (as adopted Feb. 26, 1924).

(1964) Acts of officer will not be declared invalid until question of forfeiture has been judicially determined. State v. King (Mo.), 379 S.W.2d 522.

(1967) A county court judge is a "public officer" within the meaning of this section of the constitution. State ex rel. Stephens v. Fletchell (Mo.), 412 S.W.2d 423.

(1976) When sheriff appointed his wife's uncle as deputy sheriff in violation of the constitutional provision which is self-enforcing, he forfeited his office and quo warranto was an appropriate remedy to enforce the resulting forfeiture. State ex Inf. Roberts v. Buckley (Mo.), 533 S.W.2d 551.

(1994) Although other county commissioners cast sufficient number of votes to assure appointment, when presiding commissioner of county participated in appointment process by voting for the appointment of presiding commissioner's sister-in- law as trustee of county board (a nonpaying position), appointment violated an antinepotism provision of constitution. State ex inf. Attorney General v. Shull, 887 S.W.2d 397 (Mo. en banc).


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