LD15 Candidate Fights Back Against Eligibility Allegations

A Republican candidate vying for a seat in the Arizona House is contesting a legal complaint that questions his residency eligibility for public office. Michael Way, who advanced in the Legislative District 15 primary, faces a challenge from a local voter advocating for a substitute if Way wins the upcoming election in this predominantly Republican district.

The complaint was lodged in Maricopa County Superior Court on August 19, filed by Deborah Kirkland with the assistance of Attorney Tim La Sota. The suit alleges that Way does not meet the state’s requirement of residing in Arizona for three uninterrupted years before election day.

This legal action follows an article from The Arizona Republic that raised doubts about Way’s eligibility. Voter records indicate that Way participated in North Carolina’s November 2022 elections and maintained residence there from 2021 to 2024.

The lawsuit references a January 2023 opinion piece authored by Way for The Carolina Journal, where he expressed affection for his family’s home in the greater Raleigh area despite graduating from Arizona State University.

On Monday, Way’s attorney, Andrew Gould, filed a motion to dismiss the case, contending that the complaint fails to meet the statutory deadline for filing residency challenges. According to Gould, the April 15 deadline passed 126 days before Kirkland’s complaint was filed.

Gould further argued that the complaint confused the applicable legal statute, which pertains specifically to sitting lawmakers, not candidates like Way who have yet to assume office.

As reported, while Kirkland’s legal action does not seek to disqualify Way from the ballot, it aims to prevent him from taking office if elected.

Gould stated that Kirkland’s request for a court order hinges on future scenarios, asserting, “Plaintiff asks for an advisory opinion,” which is not appropriate at this stage.

In primary results, Way outperformed Republican Peter Anello by over ten percent, advancing alongside Rep. Neal Carter, R-Queen Creek. Anello, who received the endorsement of Rep. Jaqueline Parker, R-Mesa, ran on the same ticket as Carter and Sen. Jake Hoffman.

The Arizona Republican Party has publicly supported Way, characterizing the allegations as “baseless” and orchestrated by “the Left and their media allies.” House Majority Whip Teresa Martinez, R-Casa Grande, has also spoken on Way’s behalf, asserting that he fulfills constitutional qualifications.

Way himself has denounced the accusations as a “false narrative” crafted by “far-left” influencers in Arizona and the “Fake News Media,” perceiving it as an effort to sway the upcoming election towards Democrats.

He confidently asserted on social media, “Democrats have ZERO chance of beating me at the ballot box in November,” suggesting that the opposing party is resorting to misleading tactics. Legislative District 15, which encompasses areas like Queen Creek and San Tan Valley, leans heavily Republican, with a 27% voter advantage.

An evidentiary hearing for the complaint against Way is scheduled for 9 a.m. on September 3 under Judge Rodrick Coffey.