Residency challenge could threaten GOP control of Arizona House
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Control of the Arizona House could come down to whether a GOP candidate in a deep red district is actually qualified to serve in the Legislature under the state constitution's residency requirement.
The big picture: The Arizona Constitution requires lawmakers to have been state residents for at least three years at the time of their election.
State of play: Michael Way, a Republican candidate in Legislative District 15, faces a lawsuit arguing that because he voted in North Carolina in 2021 and 2022, he doesn't meet that three-year threshold.
- The lawsuit was filed by Deborah Kirkland, a Republican precinct committeewoman from the district.
Why it matters: Republicans hold one-vote majorities in both legislative chambers, and any race could determine which party controls the House next year.
- If Way is disqualified, Democrat Barbara Beneitone could win a seat in the overwhelmingly Republican district, which includes Queen Creek and San Tan Valley.
Friction point: It's unclear who would get the seat if the judge rules Way is ineligible.
- Attorney Timothy La Sota, who represents Kirkland, wants the judge to rule that votes for Way will be counted, and if he wins, a replacement will be appointed. State law requires legislative vacancies to be filled by a member of the same party.
- Democratic Secretary of State Adrian Fontes believes that if Way wins, the next highest vote-getter after him would get the seat.
- Beneitone and Rep. Neal Carter (R-San Tan Valley) would be the only two eligible candidates on the ballot for the district's two House seats, though write-in candidates could also file to run.
The latest: Maricopa County Superior Court Judge Rodrick Coffey heard arguments in the case on Tuesday and said he'll rule by next Monday.
Zoom in: La Sota argued that May's voter registration in North Carolina means he was a resident of the state.
- "I don't think there's a state in the union you can vote (in) if you don't reside there," La Sota told Axios.
The other side: Attorney Andrew Gould, who represents Way, told Axios his client has been an Arizona resident for 15 years, and voting in North Carolina while he temporarily lived there for work doesn't change that.
- He also argued the courts lack jurisdiction and it'll be up to the House to determine whether Way is eligible to serve.
The intrigue: Keith Kidwell, a Republican North Carolina House member who chairs a Freedom Caucus group in the state House, called for Way to be investigated, the Arizona Capitol Times reported.
- Way testified on Tuesday that he believes the challenge is "politically motivated" and noted that Kidwell is "a member of the Freedom Caucus."
- In the GOP primary, Way defeated a candidate who was running on a slate with LD15 Sen. Jake Hoffman (R-Queen Creek), who chairs the Arizona Freedom Caucus. Kidwell's group in North Carolina isn't part of the State Freedom Caucus network that includes Arizona.
- La Sota wouldn't say who is funding the lawsuit but told Axios it's not the Freedom Caucus or any of its members.
What's next: State Rep. David Cook (R-Globe) wrote a letter to Democratic Attorney General Kris Mayes asking for an investigation into whether Way broke the law when he signed a nominating petition stating he'd been an Arizona resident for six continuous years.
- A spokesperson for Mayes said the Attorney General's Office is reviewing the letter.
- Gould called the letter a "political attack" and said the allegations are "baseless."
Editor's note: This story has been corrected to reflect that Michael Way noted in his testimony that Keith Kidwell is "a member of the Freedom Caucus" (not that the unaffiliated Arizona Freedom Caucus was behind the challenge to Way's residency status).