Judge rules that Ann Kirkpatrick can be placed on August primary ballot
Jun 19, 2018, 3:25 PM
(AP Photo/Ralph Freso, File)
PHOENIX — A judge ruled Tuesday that Democratic congressional candidate Ann Kirkpatrick can be placed on the primary ballot in August, even though her residency information was incorrectly stated on some her campaign documents.
The ruling was in response to a lawsuit funded by the campaign of former state Rep. Matt Heinz, one of Kirkpatrick’s Democratic opponents.
The lawsuit alleged that Kirkpatrick falsely claimed she lived in Tucson, when she actually resides in Phoenix.
Kirkpatrick said she has been living in Tucson for more than a year.
Judge Joshua Rogers said although some of Kirkpatrick’s nominating petitions incorrectly used her prior Tucson address, this doesn’t invalidate her petitions signatures needed to get on the ballot.
“With today’s court ruling, all doubts have been put to rest,” a statement from Kirkpatrick’s campaign said Tuesday.
“This is Mr. Heinz’s third campaign for Congress, and each one has been marked by dirty tricks, false attacks and failure. We call on him to articulate a positive vision for the issues facing southern Arizona families and to stop what the Arizona Daily Star recently called an ‘aggravated assault’ on his opponents. Democracy is too important to do otherwise.”
In a statement, Heinz said he “respectfully disagree[d] with the judge’s ruling” and said “it was proven” that she lives in Phoenix “in order to obtain bank loans as well as tax credits.
“It is clear that Ann will say anything, anytime, anywhere, and to anyone if it will advance her political career. Southern Arizona deserves better,” the statement read.
Lawyers for Kirkpatrick previously have asked Rogers to dismiss the lawsuit, saying Kirkpatrick has lived in Tucson since April 2017.
They say she rents an apartment in Tucson and occasionally spends time at her home in Phoenix. The cities are about 110 miles (177 kilometers) apart.
Craig Morgan, one of the attorneys seeking to keep Kirkpatrick off the ballot, said it was unacceptable to provide false information on nominating petition documents.
“It has to be accurate,” he said.
Outside court, Kirkpatrick spokesman Rodd McLeod said some volunteers who gathered petition signatures used documents with her prior address and didn’t know she had since moved. McLeod said only a fraction of Kirkpatrick’s petition signatures were gathered under her prior Tucson address.
Kirkpatrick said she registered to vote in Pima County a month after moving to Tucson and cast a ballot in Tucson municipal elections.
Kirkpatrick is a former member of Congress. She gave up her seat representing northeastern Arizona in 2016 to make an unsuccessful challenge to Republican Sen. John McCain.
The 2nd District where she is now seeking to run includes part of the Tucson area as well as Cochise County in the state’s southeastern corner. The Democratic field includes former state Reps. Bruce Wheeler and Matt Heinz.
Last week a judge ruled that former state Rep. Don Shooter can run for the state Senate because he is still a resident of the district he wants to represent. Shooter is the first state lawmaker in the United States to be ousted over sexual misconduct allegations after the rise of the #MeToo movement.
The Associated Press contributed to this report.