A Republican candidate for state House is seeking to dismiss a complaint filed against him alleging he doesn’t meet state residency requirements to hold public office. 

Michael Way, a Republican who recently advanced in the Legislative District 15 primary race as a candidate for the House, is facing a legal challenge from a voter in his district who wants a replacement to be appointed in Way’s place if he wins election this November in the Republican-leaning district. 

The lawsuit was filed in Maricopa County Superior Court on Aug. 19 by Deborah Kirkland, represented by Attorney Tim La Sota. The lawsuit alleges Way can’t hold public office because he hasn’t lived in the state for three uninterrupted years prior to the election in accordance with state law. 

The lawsuit was filed days after an article published by The Arizona Republic raised questions about Way’s candidacy eligibility. Voter records from North Carolina show Way voted in the state’s November 2022 election and that he had a residence in the state from 2021-2024. 

The lawsuit also cites an opinion article Way wrote in January 2023 about charter schools published by The Carolina Journal. The article describes Way having “deep roots and an appreciation” for his family’s home in the greater Raleigh area while noting he graduated from Arizona State University. 

Way’s attorney Andrew Gould filed a motion to dismiss the lawsuit Monday, arguing the complaint doesn’t comply with the statutory filing deadline of April 15 applicable to the challenge.

That date marked 10 days after the final day candidates could file nomination papers and petitions. Kirkland’s complaint was filed 126 days after the deadline, according to the motion. Gould also argued the complaint was erroneously filed under a statute that is specific to “members of the legislature.” Way has not yet been elected to office.

The Republic reported Kirkland’s lawsuit is seeking a court order not to remove Way from the ballot, but to keep him from taking office if he’s elected. 

Gould also wrote in his motion that the complaint’s claim of a court order in the event Way is elected is not yet ripe. 

“Plaintiff asks this Court to act if and only if some other event occurs. In other words, Plaintiff asks for an advisory opinion,” Gould wrote. 

Way advanced in the LD15 House primary race with Rep. Neal Carter, R-Queen Creek. Way beat Republican Peter Anello by more than 10% of votes. 

Anello was endorsed by Rep. Jaqueline Parker, R-Mesa, and ran with Carter and Sen. Jake Hoffman, R-Queen Creek on the same slate. Parker didn’t run for re-election. 

The Arizona Republican Party has backed Way and called the allegations against Way “baseless” and pushed by “the Left and their media allies” in a statement on Aug. 18. 

House Majority Whip Teresa Martinez, R-Casa Grande, has also supported Way and said in a written statement that he has met the constitutional requirements to be on the ballot. Way has stated he’s lived in Arizona for the past 15 years and the state has been his primary residence. 

“I will not stand for baseless accusations against Republicans at any time,” Martinez said. “Furthermore, as a Republican Party, we need to be unified and supportive to continue the strong leadership Republicans provide for the State of Arizona.” 

Way has called the claims against him a “false narrative” pushed by “far left” Arizona influencers and the “Fake News Media” as an attempt to entertain the idea of a House seat in LD15 going to Democrats. 

“Democrats have ZERO chance of beating me at the ballot box in November. They are instead resorting to writing fan fiction in an effort to gaslight Democrat donors to believe this seat is somehow in play,” Way wrote in a post on Facebook.

LD15, which covers Queen Creek, San Tan Valley and southeast Mesa, falls outside of the Arizona Independent Redistricting Commission’s competitive range, with Republicans holding a 27% advantage in vote spread. 

An evidentiary hearing for the complaint filed against Way is scheduled 9 a.m. on Sept. 3 under Judge Rodrick Coffey.