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Schroer can remain on ballot, appeals court says

  

A Missouri appeals court has upheld an earlier decision allowing state Rep. Nick Schroer to remain on the ballot after he faced legal questions about his residency. 

The Missouri Court of Appeals Eastern District upheld the lower court decision Friday which found Schroer, a Republican, is considered a resident of HD 107. He has represented HD 107 in the General Assembly since 2017. 

“Like with the trial court’s initial judgment, today justice prevailed,” Schroer told The Missouri Times. “Now, four judges have found what I’ve said all along: I live in O’Fallon and have complied with the strict letter of the law. I am excited I will remain on the ballot, and I will keep fighting to advocate for the people of my district, HD 107.” 

Schroer faced residency questions this year during his re-election campaign after his wife moved outside the district with a daughter who requires “special education services,” Friday’s decision noted.

Schroer rented an apartment within his district while the family bought a house in Defiance for his daughter’s education, he said. Victoria Witt Datt, his Democratic opponent, challenged the move in the court, arguing he should be removed from the ballot. 

The lease on Schroer’s apartment, which he entered into in May, expires at the end of 2022 — when his third term in the House would be finished, the decision noted. 

“The trial court correctly … concluded that Representative Schroer never intended to abandon his residence in the 107th district as evidenced by, among other things, his lease of the Gerst house,” the appeals court said. 

Earlier this month, Circuit Judge Michael Fagras in St. Charles County determined Schroer was a “qualified candidate and eligible to run” in HD 107. Fagras said Schroer could remain on the ballot. 

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