Arkansas legislator ruled a legal resident

Democrats’ challenge tossed

Pulaski County Circuit Judge Mary McGowan on Wednesday rejected a Democratic-backed challenge to the re-election campaign of state Rep. Marcus Richmond, finding that the Republican House leader has met -- and exceeded -- the state constitution's one-year residency requirement.

"This court is persuaded that the defendant maintained a residence at 10509 S & G Circle [Harvey, Arkansas] and then moved to his current residence at 29761 Highway 28 [West], Gravelly, Arkansas, in 2016," McGowan stated in her six-page ruling. "Though the defendant was slow to update his address in various political filings and personal affairs, the documentary evidence presented by the defendant as well as his testimony convinces this court ... that the defendant meets the residency requirement found in the Arkansas Constitution."

Last month, Circuit Judge Wendell Griffen rejected a similar residency challenge brought by Republicans against Democrat Morgan Lee Wiles, who is running for state House District 18 against incumbent Republican Richard Womack of Arkadelphia.

Richmond's residency was called into question in an April lawsuit by Michael Forrester of Scott County, represented by attorney Chris Burks of the state Democratic Party. Forrester contended that the 62-year-old incumbent really lives on Lady Bug Lane in Harvey.

Richmond is seeking his third term to represent District 21. The Lady Bug Lane house is in District 74, about 200 yards outside of District 21 and 4 miles north of the Richmond home in Gravelly.

District 21 includes parts of Garland, Montgomery, Perry, Polk, Sebastian, Scott and Yell counties. District 74 encompasses portions of Logan, Franklin, Scott, and Sebastian counties.

Richmond and his wife, Susan, own the Lady Bug Lane home and are paying the mortgage, but they have lived in District 21 since 2013, McGowan stated in her ruling, citing 65 years of court precedent.

Richmond is being challenged for the seat in the November general election by Democrat Stele James of Gravelly.

The couple moved to the S&G Circle property in Harvey in 2013, which is owned by Richmond's in-laws, Garry and Sheila Garner.

In 2016, the Richmonds moved to their current home on Arkansas 28 West in Gravelly, a house owned by an aunt of Richmond's wife.

They live at that house rent-free in exchange for maintaining the property and paying the utility bills. The Richmonds established a pet registry business at the S&G Circle property, which is run by Richmond's wife. Both houses are in District 21.

Richmond testified at a May 11 hearing before the judge that he lives in the Gravelly home full time, while his wife is there four to seven days a week. Richmond's lawyer, GOP attorney George Ritter, also showed the judge photos of the home's interior, showing furnished bedrooms, the kitchen, closet and bathrooms.

Richmond told the judge that he mistakenly took a homestead exemption on the Lady Bug Lane home in 2015 and 2016 but corrected it with the Scott County clerk to show that no exemption has been taken on the property since 2011.

Forrester, disputing that Richmond really lives at the Gravelly home, showed that another man, Stan Leek, listed the Gravelly home as his address when he registered to vote in August 2017. Forrester also showed the judge that Richmond listed the S&G Circle house as his home on his candidacy paperwork.

Metro on 05/24/2018

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