Democrats sue as Republicans look for county judge candidate

GOP ballot change fought

Micah Neal
Micah Neal

FAYETTEVILLE -- Democrats filed a lawsuit Wednesday to stop Republican plans to nominate a replacement candidate for county judge in Washington County.

The Democratic Party of Arkansas and Tyler Clark, chairman of the Washington County Democrats, said in the lawsuit that Republicans can't replace Rep. Micah Neal as their nominee because there isn't a valid vacancy for the position.

At a glance

Republicans plan to replace Rep. Micah Neal after Neal withdrew from the Washington County judge race earlier this month. However, the Democratic Party of Arkansas filed a lawsuit Wednesday asking a judge to stop the process and prevent the nomination of another candidate.

Source: Staff report

County Republican Committee Chairman Lance Johnson said Wednesday that Republicans will proceed with picking another nominee Aug. 4.

Johnson has said he planned to talk with the Republican Party of Arkansas chairman about the lawsuit, but he didn't have much information Wednesday, he said.

A judge will hear the case in the next seven to 10 days, said Chris Burks, general counsel for the Democratic Party of Arkansas.

"What our lawsuit says is that Micah Neal did not drop out due to moving out of the area. He, instead, is trying to drop out for personal and business reasons," Burks said. "Therefore, the Republican Party does not get a replacement candidate."

Neal said in June he planned to leave the race for personal and business reasons. When he officially withdrew from the race July 8 by filing a statement with the county clerk, he said he planned to move to Benton County in August.

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.

Neal doesn't meet those criteria, Burks said.

"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," according to the lawsuit.

Neal has since moved out of Washington County, said Jim Reavis, a Republican Committee member.

In their lawsuit, Democrats said Neal was still registered to vote at a Springdale residence July 8 through July 13. Neal was a Washington County resident when he submitted his withdrawal to the county clerk, according to the lawsuit.

Neal also hasn't resigned as a state Representative for District 89, which is "entirely within Washington County," the lawsuit says. Neal's legislative term ends in December.

Republicans have until Aug. 10 to submit the name of the party's substitute nominee to county election officials under state law.

Democrats added County Clerk Becky Lewallen as a defendant in the lawsuit to prevent her from turning over a new nominee's name to the Election Commission, Burks said.

County Attorney Steve Zega declined to comment on the lawsuit Wednesday, saying it was a political contest.

Other defendants in the suit include any potential Republican nominee, according to the filing.

Fayetteville Alderman Mark Kinion is the Democratic nominee for county judge.

Metro on 07/25/2016

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