Lawsuit Questions Cong. Candidate Kirkpatrick's Legal Residency

By Holliday Moore
Howard Fischer
Published: Tuesday, June 12, 2018 - 10:55am

A Democratic opponent of U.S. Congressional candidate Ann Kirkpatrick has asked the Maricopa County Superior Court to disqualify her from running in Arizona's District 2.

Attorney Craig Morgan, who represents congressional primary opponent Matt Heinz, filed a lawsuit this week charging that Kirkpatrick "improperly – and illegally – mislead" people by claiming on her petitions that she lived in the state's southern district.

"The legal argument in this case is simple," Morgan asserted, "Arizona statutes require you, on your nomination petition, to state where you reside, where you live, period."

Morgan plans to show that Kirkpatrick claimed two primary residences at the time: One in Phoenix, the other in Tucson.

Rod McLeod, a campaign consultant for Kirkpatrick, downplayed the issue of her Tucson address.

"It's printed on her driver's license. She gets a bunch of mail there. And that's where she puts her head on the pillow. That's where she buys her groceries and checks her mail, etc.," McLeod insisted.

He said Kirkpatrick has lived in Tucson nearly a year, and signed a lease in October for an apartment, which she listed as her primary residence.

Legal scrutiny is expected to focus on a second home in Phoenix, which Kirkpatrick and her husband Roger Curley originally listed as their primary home.

He is a tax attorney who spends at least part of his time in the valley where he practices law.

There is no legal requirement for congressional candidates to actually live in the district, but Morgan told Capitol Media Services he is arguing that candidates have a legal requirement to truthfully fill out the legal papers necessary to run for office.