A Pulaski County circuit judge has set a hearing for this afternoon to hear evidence in a lawsuit asking to remove a Democratic candidate from an election ballot because, the Republican Party claims, the candidate doesn't live in the state House district he wants to represent.
The suit seeks to knock Democrat Morgan Wiles off the ballot as a candidate in House District 18, in south central Arkansas.
Circuit Judge Wendell Griffen on Tuesday granted a motion by state Democratic Party attorney Chris Burks to dismiss state Republican Party Executive Director Sarah Jo Reynolds as a plaintiff because she is not a resident or voter in House District 18 and, thus, she lacks standing to file the lawsuit.
Travis Burton of Arkadelphia, who resides in House District 18, is the remaining plaintiff in the suit. The original lawsuit was filed April 18 and was amended the next day to add Burton as a plaintiff. State Republican Party Chairman Doyle Webb, who is an attorney, and attorney George Ritter represent Burton in the lawsuit.
Wiles is challenging state Rep. Richard Womack, R-Arkadelphia, who has represented House District 18 since 2013. House District 18 includes parts of Clark, Dallas, Garland and Hot Spring counties.
Griffen set today's hearing for 1:30 p.m. in his courtroom.
Among other things, Griffen on Tuesday denied Burks' motion to dismiss the lawsuit based on Burks' claim that the suit provided no proof that Wiles is not domiciled at 316 Ninth St. in Mountain Pine in House District 18.
Burks said Wiles has a lease with Wiles' uncle to live at the residence and a driver's license with that address, and that he is a former mayor of Mountain Pine.
The lawsuit states that Mountain Pine is within House District 18 but that district "does not include, most if not all, of the city of Hot Springs, and in particular, the residential address of 125 Copper Mountain Loop, which is listed as [Wiles'] voter registration address and the address of the LLC of which he is a co-principal or 125 Eagle Gate Place in the city of Hot Springs." Wiles listed that address in Garland County District Court records on June 29, the lawsuit states.
Ritter said these records raise questions about Wiles' residency.
The lawsuit cites Article 5, Section 4, of the Arkansas Constitution, which states that, "No person shall be a Senator or a Representative who, at the time of his election, is not ... for one year preceding his election, a resident of the county or district whence he may be chosen."
Metro on 04/26/2018