A primary opponent has filed suit to have libertarian Republican congressman Thomas Massie removed from this year's ballot.
Ruling on Deters-Massie lawsuit expected March 15 | LINKnky | Rebecca Hanchett:
March 1, 2024 - "A Lewis circuit court judge is expected to rule March 15 on a motion tied to U.S. congressman Thomas Massie’s qualification for reelection amid a legal challenge from primary opponent Eric Deters.... Deters — a former Northern Kentucky attorney representing himself in the case — filed a lawsuit challenging Massie’s qualification for reelection back on Feb. 22....
"Deters, a 2023 Kentucky gubernatorial candidate who is running against Massie for Congress, says in the Feb. 22 suit that Massie is not qualified to run this year based largely on residency questions surrounding current state House District 66 candidate TJ Roberts – one of two witnesses to Massie’s Dec. 18 candidate filing in Frankfort.
"Deters’ lawsuit claims that Roberts – whose home on East Bend Road in Burlington was destroyed by fire early last year, but has since been rebuilt – was not living at that address last year when he listed it as his permanent address as a witness to Massie’s filing on Dec. 18.... "
Deters claims Roberts’ residency in the district was uncertain when Roberts witnessed Massie’s filing on Dec. 18. His lawsuit asks the court to throw out Massie’s candidacy based largely on that claim. Deters himself filed to run against Massie in this year’s congressional primary Jan. 5.
"Massie responded to Deters in a Feb. 26 motion, asking the court to rule in his favor based in part on a Feb. 26 affidavit from Roberts. In the affidavit, Roberts gave sworn testimony that the East Bend Road address is his permanent address.... According to the motion, Roberts stayed with his mother temporarily at her home in Walton after the fire through mid June 2023. From that point to Jan. 10, 2024, Roberts testified that he stayed temporarily at a residence on Torrid Street in Burlington (also in the 4th District and 66th House District) until moving to a rebuilt home at the permanent East Bend Road address on Jan. 11, 2024. Allstate insurance company paid for temporary living arrangements on Torrid Street during reconstruction of Roberts’ home, the motion reads.
"While living temporarily elsewhere in the district, the motion clarifies however that Roberts returned to the East Bend Road address 'every single day in November, December, 2023 and January, 2024 to check mail, to feed the animals (on the property), to check on construction progress, and to ensure that heat was provided to the residence during cold weather.' The motion goes on to say Roberts was advised by the Kentucky Secretary of State’s office to list his permanent legal address 'and not any temporary address' on both his witness signature for Massie and on Roberts’ own candidate filing dated Jan. 5....
"A ruling from Judge McCloud on Massie’s motion to prohibit Deters from filing future pro se court action without judicial screening is not expected March 15, said Wiest.... On Feb. 26, Massie filed the motion, saying Deters’ Feb. 22 lawsuit meets legal standards for sanctions under existing case law and civil law.... According to the motion, Deters has 'a history of filing frivolous and self-serving actions' and 'his prior history of vexatiously challenging another opponents’ residence'.... Also cited in the motion is Deters’ 2023 lawsuit challenging the residency of last year’s gubernatorial rival Kelly Craft. It says the challenge was made 'not to adjudicate an issue but instead to garner press coverage.' That case was dismissed by Fayette Circuit Court Judge Lucy A. VanMeter last May.
"On Friday Deters filed a motion to strike Massie’s move for sanctions. He provided a statement to LINK Friday evening, published in part below: 'My only comment is that I will be filing my response to their motion and I believe Thomas Massie out of 435 Congressional Members is going to regret being more careful choosing is (sic) witness to his nominating position.'"
Read more: https://linknky.com/news/2024/03/01/massie-reelection-challenge-deters/
No comments:
Post a Comment