Rocky Kingree seeks dismissal of candidate residency dispute filing

Carter County Prosecuting Attorney Rocky Kingree filed a motion to dismiss the petition filed earlier this month challenging his qualifications to become Division II associate circuit judge in Butler County.

Kingree filed a motion to dismiss for lack of standing, or in the alternative, a motion to dismiss for failure to state a claim upon which relief can be granted.

A resident of Ellsinore, Missouri, Kingree listed his Van Buren, Missouri, law office when he filed his declaration of candidacy.

He said Wednesday morning he has not "officially moved," but previously said he would establish his residence in Butler County prior to the election as required by the Missouri Constitution.

However, the state Constitution also requires candidates to meet other qualifications as provided by law. The one-year residency law became effective Aug. 28, 2013.

In his motion, Kingree is seeking to dismiss a three-count petition filed by Ted Thompson, an assistant Butler County prosecuting attorney, against himself and Butler County Clerk Tonyi Deffendall in an attempt to have him removed from the general election ballot.