Court Sidesteps Decision on GOP House Candidate Michael Way’s Eligibility

By Staff Reporter |

The Maricopa County Superior Court recently dismissed a complaint regarding the qualifications of Republican House candidate Michael Way, who is campaigning in Legislative District 15. The court ruled that the challenge was filed past the statutory deadline and highlighted that the authority to determine candidate qualifications belongs to the Arizona legislature.

In the ruling, the court stated, “Because the duties of judging elections of members of the State Legislature and determining the qualification of those who are elected to be legislators are expressly delegated to the Arizona legislature, dismissal of the complaint is warranted.” They further indicated that if Way is elected, it will be the legislature’s responsibility to assess his qualifications.

The complaint, brought forth by district resident Deborah Kirkland, claimed that Way did not fulfill the residency requirement of being a state resident for at least three years. Kirkland alleged that Way had communicated to voters that he relocated to Arizona from North Carolina within the past year. Evidence cited in the lawsuit included his registration status in North Carolina and his participation in the state’s 2022 general election.

Kirkland also contested the assertion that Way resides in or owns property in Arizona, pointing out that the property is registered under a different individual with the same last name. Additionally, she noted that Way reportedly did not sell his North Carolina property until January 2024.

The court opted not to evaluate the specifics of Kirkland’s claims about Way’s eligibility, nor did it provide the requested advisory opinion. It also denied Way’s request for attorney’s fees.

In response, the Arizona Republican Party applauded the court’s dismissal, labeling the lawsuit as a “baseless attack from Democrats and their allies.” Party Chair Gina Swoboda lauded Way’s commitment to GOP values, expressing optimism about his leadership moving forward. “Michael has proven time and time again that he is a dedicated advocate for our shared values,” she remarked.

Notably, earlier this month, Republican State Representative David Cook urged Attorney General Kris Mayes to investigate Way’s residency claims and his assertion of living in Arizona for at least six years prior to this election. Cook referenced similar concerns raised by Kirkland, alleging that Way had participated in both North Carolina and the Arizona primary election in 2022.

Cook emphasized the importance of election integrity, stating, “This seems to be the poster child for laws ensuring election integrity.” He voiced his belief that election integrity should transcend partisan divides and that candidates should adhere strictly to residency laws.