FAYETTEVILLE -- A lawsuit claims Paul Colvin Jr., Tontitown mayoral candidate, doesn't live in the city.
The suit, filed by Toni L. Zulpo in Washington County Circuit Court, contends Colvin claimed in documents when he filed to run for office Aug. 15 he changed his address from 18753 Harmon Road in Fayetteville to 717 S. Barrington Road in Springdale.
The lawsuit contends the Barrington Road address is the home of Colvin's mother and Colvin continues to live at the Harmon Road residence that's not in Tontitown's limits. The suit claims Colvin is, therefore, not eligible to run for mayor and he should be removed from the Nov. 4 General Election ballot.
"Colvin is attempting to circumvent Arkansas law by claiming to have moved into the incorporated city limits of Tontitown so that he can run for the position of mayor," according to the lawsuit.
The Washington County Assessor's office shows Colvin owns commercial property at 633 Barrington in Tontitown.
A hearing and injunction are being requested. The Washington County Election Commission and chairman Jennifer Price are the named defendants.
Officeholders and candidates for mayor, clerk, recorder or treasurer must reside within the municipal limits at the time they file as a candidate and must continue to reside within the corporate limits to retain elective office, according to the Arkansas Municipal League website.
The Arkansas Constitution requires elected and appointed officers to be "qualified electors." According to the Arkansas Supreme Court, that means they must be residents of the city or town.
Colvin is running against Clint Penzo, a city alderman, and Joseph Edgmon, a former mayor.
Colvin didn't return a telephone call Tuesday afternoon.
Colvin is a board member of the Tontitown Area Fire Department board that has been embroiled with Tontitown over which entity would respond to fires and emergencies in the city.
NW News on 10/01/2014