Court Rejects Legal Battle Against LD15 Aspirant

Maricopa County Superior Court Judge Rodrick Coffey has dismissed a complaint challenging Republican legislative candidate Michael Way’s eligibility for office. The ruling clears the way for Way to run for a seat in the House of Representatives for Legislative District 15 in the upcoming November general election.

The complaint argued that Way was ineligible due to his recent residency in North Carolina, where he lived and voted in 2021 and 2022. Arizona law mandates that candidates must reside in the state for at least three years before election. Way contends that his time in North Carolina was for a temporary work assignment and affirms that Arizona has been his home since 2009.

Judge Coffey, appointed by former Republican Governor Jan Brewer, noted that the court is not authorized to address such matters under current law. The complaint was filed by Deborah Kirkland, a Republican precinct committeewoman, long after the deadline to contest a candidate’s qualifications.

Arizona’s legislation, established in 1991, effectively bars post-primary election challenges, aiming to minimize judicial disputes during election cycles. Coffey emphasized that it’s the Arizona Legislature’s responsibility to determine the qualifications of its elected members should Way win.

Analysts indicate that Way is favored to win in a district that significantly leans Republican. The demographic includes Queen Creek, San Tan Valley, and parts of southeast Mesa. He faces competition from Democrat Barbara Beneitone and incumbent Republican Rep. Neal Carter.

Kirkland’s complaint proposed that Way remain on the ballot while appointing an alternative candidate should he win. This approach sought to prevent multiple Republican candidates from emerging as write-ins against Beneitone. However, Coffey stated that the court cannot issue rulings on hypothetical scenarios.

At the hearing, it was noted that ballots had already been printed, and any finding of Way’s ineligibility could have shifted the electoral dynamics in favor of Beneitone.

Way’s attorney, Andrew Gould, criticized the complaint as untimely and unfounded, stressing its potential impact on Republican control of the legislature. The Arizona Republican Party celebrated the dismissal, interpreting it as a dismissal of unfounded Democratic attacks, even though Kirkland is a Republican.

During proceedings, Kirkland revealed support for Way’s primary opponent, Peter Anello. Way described the lawsuit as politically motivated, linking it to broader critiques of his residency and voting history by figures associated with the Arizona Freedom Caucus.

Gould pressed Kirkland about the financial backing behind her lawsuit, to which she admitted uncertainty. Gould expressed concern that undisclosed third parties could be financing the legal action to advance a political agenda.