Democrats sue to block replacement of Washington County GOP judge nominee

Micah Neal
Micah Neal

The Democratic Party of Arkansas filed a lawsuit Wednesday to block Republicans from replacing state Rep. Micah Neal as their nominee for Washington County judge after Neal resigned from the race earlier this month.

The Republicans can't replace Neal as their nominee because there isn't a valid vacancy for the position, according to the lawsuit. Neal told reporters at the end of June that he was removing himself from the race for family and business reasons. However, in his official notice filed July 8 he said he was resigning because he was moving to Benton County in August.

"This after-the-fact attempt to cover up the real reason for Neal's refusal is inconsistent with the democratic process and must be rejected as violating both the letter and the spirit of Arkansas election law pertaining to vacancies in nomination," the lawsuit stated.

Arkansas Code 7-7-104 says a party can nominate or have a special election to fill a vacated ballot position if the withdrawing candidate: dies, has a serious illness, moves out of the area or files for another position.

Republicans have until Aug. 10 under state law to submit the name of the party's substitute nominee to county election officials. The suit names County Clerk Becky Lewallen as a defendant to prevent her from turning over a new nominee’s name to the Election Commission, said Chris Burks, general council for the Democratic Party.

County Attorney Steve Zega declined to comment on the lawsuit.

Democrat Mark Kinion of Fayetteville could be the only candidate named on the Nov. 8 ballot otherwise. (Note: Kinion could be the only one on the ballot, but the Democratic lawyer said it is possible Neal’s name could end up on the ballot but votes would not count for him.)

Jim Reavis, former Washington County GOP chairman, said Neal has already moved out of the county and predicted that would pose a challenge to the lawsuit.

Republicans plan to nominate a new candidate Aug. 4.

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