A Kentucky judge dismissed a lawsuit against Rep. Thomas Massie by his primary opponent who claimed the GOP congressman did not qualify for the primary ballot.
Lewis County Circuit Judge Brian C. McCloud ruled against Republican candidate Eric Deters, who said in a Feb. 22 suit that T.J. Roberts, one of two witnesses who signed Mr. Massie’s candidate filing form did not meet the district’s residency requirements, thereby disqualifying the paperwork.
Kentucky law requires ballot filings to be witnessed by two people who live in the same district as the candidate and are registered with the same political party as the candidate.
Mr. Deters said Mr. Roberts’ permanent address was not clearly established when he witnessed the candidate’s filing because he had temporarily relocated while his home, which was destroyed by fire, was being rebuilt.
In his ruling, Judge McCloud said state law prohibits stripping voters of their residency status when they live outside the county or precinct temporarily.
“It is clear from the evidence Mr. Roberts intention was to continue to reside at his permanent address,” he said.
Mr. Roberts, who is running for the state legislature, called the lawsuit a “desperate attempt to manipulate the legal system and undermine the electoral process.”
“The tragic fire that destroyed my home in 2023 was a personal tragedy that my opponent and his allies have shamelessly attempted to exploit for political gain,” Mr. Roberts said.
In the ballot paperwork, Mr. Roberts listed a permanent address in Burlington in Mr. Massie’s district, though the home was later destroyed by fire. His home has since been rebuilt.
Mr. Roberts testified that while his home was being rebuilt, he temporarily lived at two different addresses within the district and returned to his newly rebuilt home on Jan. 11.
He also said he was advised by the Kentucky Secretary of State’s Office to list his permanent legal address on the paperwork.
After the case case dismissed, Mr. Massie said he was “glad this frivolous lawsuit is behind us.”
Mr. Massie also filed a motion for sanctions against Mr. Deters, a suspended attorney and 2023 gubernatorial candidate known for filing similar lawsuits against other political candidates.
Mr. Massie’s motion would prohibit him from filing future pro se court action without judicial screening, but Mr. McCloud did not enter a ruling Friday on the motion.
Mr. Deters said he plans to appeal the dismissal.
“Imagine not being allowed to cross-examine witnesses who sign affidavits. Not at a deposition. Not at a hearing,” he said on X. “That just happened in my case against Thomas Massie. I will appeal immediately. I have made a strong record.”
• Kerry Picket can be reached at kpicket@washingtontimes.com.
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