By Staff Reporter |

The Maricopa County Superior Court declined to weigh in on whether Republican House candidate Michael Way is qualified to run, instead opting to dismiss the complaint.

Way is running in Legislative District 15. 

In the Friday ruling, the court declared that the challenge to Way’s candidacy was inadmissible because it was filed after the statutory deadline and, more significantly, the authority to determine qualified candidates resides with the Arizona legislature.

“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,” stated the court. “If Way is elected, it will be up to the Arizona legislature to judge his qualifications.”

Deborah Kirkland, a resident of the district, challenged Way’s candidacy on allegations that he hasn’t been a resident of the state for at least three years. In one part of the lawsuit, Kirkland alleged that Way indicated to district voters that he’d moved to Arizona from North Carolina in the past year. 

Kirkland’s lawsuit alleged that Way was still registered to vote in North Carolina, per the North Carolina State Board of Elections. Additionally, those election records indicated that Way voted in person in North Carolina’s 2022 general election as well as the 2021 municipal election for the town of Wake Forest.

Her lawsuit further questioned the validity of Way’s claim of residing in or even owning his declared Arizona property, noting that the property was owned by another individual with the same last name. Their lawsuit further alleged that Way didn’t sell his North Carolina property until January 2024. 

The Maricopa County Superior Court declined to address the merits of Kirkland’s claims regarding Way’s eligibility for election to the legislature, and also declined to issue an advisory opinion as requested. The court also declined Way’s request for an award of attorney’s fees. 

In a press release, the Arizona GOP celebrated the court’s dismissal and dismissed the lawsuit claims as “baseless attacks from Democrats and their allies.” Party Chair Gina Swoboda defended Way as an invaluable advocate of GOP values.

“Michael has proven time and time again that he is a dedicated advocate for our shared values,” said Swoboda. “We are thrilled that the court has upheld his qualifications, and we look forward to his continued leadership in the fight to keep Arizona red.” 

Earlier this month, Republican State Representative David Cook asked Attorney General Kris Mayes in a letter to investigate Way’s residency and his claim of having resided in Arizona for at least six years prior to this election, which he made when he signed his nomination paper.

Cook’s letter also echoed allegations of illegal voting made by Kirkland, claiming that Way had voted not only in the North Carolina but also the Arizona primary election in 2022. Cook alleged that Way’s wife did the same.

 “A number of politicians beat the drums regarding election integrity frequently,” said Cook. “This seems to be the poster child for laws ensuring election integrity — we cannot have individuals simply picking and choosing which state they want to vote in depending on the election. Election integrity cannot be a partisan issue, which is why I am coming forward with this complaint.”

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