LD15 Candidate Fires Back Against Eligibility Allegations

Michael Way, a Republican candidate for the Arizona House of Representatives, is contesting a legal complaint about his residency qualifications as he prepares for the upcoming election.

The challenge, filed in Maricopa County Superior Court by voter Deborah Kirkland, contends that Way does not meet the state residency requirement of living in Arizona for three consecutive years prior to the election. Kirkland seeks to have a replacement appointed if Way wins in November.

This lawsuit was initiated shortly after a report in The Arizona Republic questioned Way’s eligibility. Records from North Carolina indicate that Way voted there in the November 2022 election and maintained a residence in that state from 2021 to 2024.

Additionally, an opinion piece authored by Way in January 2023, published in The Carolina Journal, is referenced in the lawsuit. In the article, Way highlights his connections to North Carolina while mentioning his graduation from Arizona State University.

Way’s attorney, Andrew Gould, filed a motion to dismiss the lawsuit, arguing it was not filed within the statutory deadline of April 15, which applies to residency challenges. He pointed out that Kirkland’s complaint was submitted 126 days late.

The motion emphasizes that the complaint was filed incorrectly under a statute meant for individuals already holding office, as Way has yet to be elected. The Republic reported that Kirkland seeks a ruling to prevent Way from taking office if he wins but does not aim to remove him from the ballot.

Gould stated in his motion that the request for a court order contingent on Way’s potential election is “not yet ripe,” framing it as an advisory opinion. “Plaintiff asks this Court to act if and only if some other event occurs,” he wrote.

Way recently advanced in the Legislative District 15 primary, defeating candidate Peter Anello by over 10%. Anello, who was backed by Rep. Jaqueline Parker, R-Mesa, faced off against Way, along with Rep. Neal Carter, R-Queen Creek.

The Arizona Republican Party has expressed support for Way, describing the allegations against him as “baseless” and driven by political opponents. House Majority Whip Teresa Martinez, R-Casa Grande, also defended Way, asserting his compliance with residency requirements.

Way claims to have lived in Arizona for 15 years, asserting that the state is his primary residence. He has dismissed the allegations as a “false narrative” propagated by “far-left” influences and likened it to a desperate tactic by Democrats to gain a foothold in LD15.

With Republicans enjoying a significant voter advantage in LD15, where the demographics favor the party by 27%, Way remains confident about his chances in the upcoming election. An evidentiary hearing for the complaint is scheduled for 9 a.m. on September 3 before Judge Rodrick Coffey.