Pulaski County Circuit Judge Mary McGowan will hear evidence May 11 in a lawsuit seeking to knock state House Republican leader Marcus Richmond off the ballot, McGowan decided Thursday.
Michael Forrester of Scott County -- represented by attorney Chris Burks of the state Democratic Party -- filed a lawsuit last month against Richmond and others in which Forrester asks the judge to rule that Richmond is ineligible to run for re-election in House District 21 in west central Arkansas because he hasn't lived in the district for more than a year.
In his lawsuit, Forrester argues that Richmond has kept his family home outside of House District 21.
The suit asks a judge to order that the counties that are included in House District 21 annul the certification of Richmond, not accept the name of any replacement candidate for Richmond and not count any votes for Richmond.
Richmond faces a challenge from Democrat Stele James of Gravelly in House District 21, which includes parts of Garland, Montgomery, Perry, Polk, Sebastian, Scott and Yell counties, in the Nov. 6 general election. Richmond was elected without opposition in 2014 and 2016.
Richmond told this newspaper last month that he moved into House District 21 in 2013, and "we live in this house that we rent in the district," at 29761 Arkansas 28 West in Gravelly.
At that time, he said he also owns a home at 34300 Lady Bug Lane that's about 200 yards outside House District 21. He said he and his wife use that house for business purposes and have better cellphone service there. The house is in House District 74 in Scott County.
Forrester's lawsuit said Richmond resides with his wife at the 34300 Lady Bug Lane house in Harvey. Richmond claimed a homestead credit in 2015 for the Scott County home, the lawsuit said. Richmond has registered to vote at 10509 S&G Circle Lane in Harvey in Yell County, but land records prove that Richmond doesn't live in or own that property, according to the lawsuit.
Article 5, Section 9 of the Arkansas Constitution requires any candidate to have been a resident of the district to be represented for one year preceding the general election, the lawsuit said.
Last week, Pulaski County Circuit Judge Wendell Griffen dismissed, for lack of evidence, a lawsuit challenging the eligibility of Democratic state House candidate Morgan Lee Wiles.
Griffen said Republicans had proved that Wiles of Mountain Pine actually had exceeded the yearlong residency standard set by the Arkansas Constitution. Wiles is challenging state Rep. Richard Womack, R-Arkadelphia, in House District 18 in the Nov. 6 general election. House District 18 includes parts of Clark, Dallas, Garland and Hot Spring counties.
Metro on 05/04/2018