FAYETTEVILLE -- Washington County Democrats asked Monday to drop their lawsuit seeking to prevent Republicans from nominating a new county judge candidate.
The lawsuit will be refiled later this week, said Chris Burks, attorney for the Democratic Party of Arkansas.
The move comes after a court hearing was set for Tuesday in the lawsuit. Burks and many other Democrats are attending the convention in Philadelphia this week, he said.
The Democratic Party of Arkansas and Tyler Clark, chairman of the Washington County Democrats, jointly filed the motion Monday morning, according to court documents. The motion doesn't include a reason. Clark referred questions about the motion to Burks.
Democrats plan to add the Washington County Election Commission to the lawsuit when they refile in case the judge reaches a decision on the case after the county clerk has certified a Republican nominee, Burks said. Certification happens around Aug. 10 for the general election. The lawsuit previously included the county clerk.
County Attorney Steve Zega said Monday he didn't want to comment.
The motion filed Monday is a one-time move that cannot be done again, Burks said.
A replacement lawsuit will be filed arguing Republicans can't replace state Sen. Micah Neal of Springdale as their nominee because there isn't a valid vacancy for the position.
Neal said in June he planned to leave the race for personal and business reasons. When he officially withdrew from the race July 8, Neal said he planned to move to Benton County in August.
Arkansas Code 7-7-104 states 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 said Neal already has moved.
The Democrats' lawsuit will again claim Neal didn't drop out because he was moving out of the area, but for personal and business reasons -- disqualifying the Republican Party from a replacement candidate, Burks said.
If a judge finds completely in favor of Democrats, only the Democratic candidate's name will appear on the ballot in November. Fayetteville Alderman Mark Kinion is the Democratic nominee for county judge.
Republicans say they plan to proceed with picking a replacement candidate Aug. 4.
NW News on 07/26/2016