Way will stay: court drops case against LD 15 candidate’s eligibility

(The Center Square) – Although his eligibility remains unclear, Michael Way, Republican candidate for Arizona Legislative District 15 Representative, will still be eligible to be elected in the general election.

Way is vying for one of two available LD 15 seats in the House of Representatives, but his residency status was questioned by Republican Precinct LD 15 Committeewoman Deborah Kirkland, who filed a lawsuit.

Kirkland claimed that since Way voted in North Carolina for the 2021 and 2022 elections, he does not meet the candidacy requirement that candidates must have resided in Arizona for at least three years prior to the election. Additionally, according to the North Carolina State Board of Elections, Way is still registered to vote in North Carolina.

However, Kirkland missed the deadline to file a challenge towards a candidate’s eligibility by 126 days and ballots for both of LD 15’s counties, Maricopa and Pinal Counties, have already been printed with Way’s name on them.

So, instead, Kirkland filed her claim under a different statute that states any elector can contest the election of a person who has been declared elected to a state office or nominated to a state office at a primary election. However, Way pointed out that this statute does not apply to elections of the legislature and this was reflected in the Maricopa County Superior Court’s decision to dismiss the case.

“Because the duties of judging elections of members of the State Legislature and determining the qualifications of those who are elected to be legislators are expressly delegated to the Arizona Legislature, dismissal of the Complaint is warranted,” reads the court’s decision. “If Way is elected, it will be up to the Arizona Legislature to judge his qualifications.”

Therefore, Way will remain eligible for election and if he is elected by Arizona voters, the Arizona legislature will have to decide whether he is qualified for the position.

Additionally, Kirkland asked for a “Prayer for Relief” from the court, asking the court to decide what procedures should be followed if Way is determined to be unqualified to serve as a legislator and he receives the most or second most number of votes in the general election.

“Even if the Court had the authority to make the decision about Way’s qualification, that request still would not be ripe,” reads the court’s decision. “Courts must refrain from issuing advisory opinions or addressing cases that are not ripe for decision.”

While the court case did not argue against Kirkland’s claims that Way has not been an Arizona resident long enough, Way stated in an interview with the Queen Creek Chamber of Commerce that he initially moved to Queen Creek in 2009, attending Arizona State University and starting his family in the state. After which, they moved a couple of times, but ultimately ended up in Arizona.

Additionally, on his application for candidacy, he listed that he has been a citizen of Arizona for six years, has resided in Maricopa County for six years and has lived in LD 15 for five years.

In response to the court’s ruling, the AZGOP released a statement saying, “The Republican Party of Arizona celebrates today’s court ruling dismissing all counts against LD15 House candidate Michael Way. The decision upholds Way’s qualifications to serve, rebuffing baseless attacks from Democrats and their allies attempting to challenge his candidacy,” even though it was a Republican elector who filed the complaint.

Way earned the 15,097 votes second to Republican candidate Neal Carter who received 18,190. Following them are Democratic candidate Barbara Beneitone and Republican candidate Peter Anello.