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Ruling on Deters-Massie lawsuit expected March 15
https://linknky.com/news/2024/03/01/massie-reelection-challenge-deters/
{Rebecca Hanchett | 01 March 2024}
A Lewis circuit court judge is expected to rule March 15 on a motion tied to U.S. congressman Thomas Massie’s qualification for reelection amid a legal challenge from primary opponent Eric Deters.
Lewis and Greenup Circuit Judge Brian McCloud said in court Friday he plans to rule March 15 on Massie’s motion that the court find Massie “a bona fide candidate” for reelection to the 4th U.S. House District, Massie attorney Chris Wiest told LINK nky. Other motions are also pending.
Deters — a former Northern Kentucky attorney representing himself in the case — filed a lawsuit challenging Massie’s qualification for reelection back on Feb. 22.
Wiest told LINK he does not expect a March 15 ruling on another Massie motion asking that Deters be sanctioned in response to the lawsuit, although a ruling on that could come at a later date. That motion requests Deters be prohibited from filing any future pro se (meaning “for himself”) state court actions without having the actions first screened by a judge.
Deters, a 2023 Kentucky gubernatorial candidate who is running against Massie for Congress, says in the Feb. 22 suit that Massie is not qualified to run this year based largely on residency questions surrounding current state House District 66 candidate TJ Roberts – one of two witnesses to Massie’s Dec. 18 candidate filing in Frankfort.
Deters’ lawsuit claims that Roberts – whose home on East Bend Road in Burlington was destroyed by fire early last year, but has since been rebuilt – was not living at that address last year when he listed it as his permanent address as a witness to Massie’s filing on Dec. 18. State law requires election filings be witnessed by two persons, both living in the same district as a candidate and registered with the same political party as the candidate.
Deters claims Roberts’ residency in the district was uncertain when Roberts witnessed Massie’s filing on Dec. 18. His lawsuit asks the court to throw out Massie’s candidacy based largely on that claim.
Deters himself filed to run against Massie in this year’s congressional primary Jan.5.
Massie response, Roberts’ affidavit
Massie responded to Deters in a Feb. 26 motion, asking the court to rule in his favor based in part on a Feb. 26 affidavit from Roberts.
In the affidavit, Roberts gave sworn testimony that the East Bend Road address is his permanent address.
“Mr. Roberts testifies that he is a legal permanent resident,” the motion reads. “He has been a registered Republican in Kentucky’s Fourth Congressional District (and Kentucky House District 66) since 2017.”
According to the motion, Roberts stayed with his mother temporarily at her home in Walton after the fire through mid June 2023. From that point to Jan. 10, 2024, Roberts testified that he stayed temporarily at a residence on Torrid Street in Burlington (also in the 4th District and 66th House District) until moving to a rebuilt home at the permanent East Bend Road address on Jan. 11, 2024.
Allstate insurance company paid for temporary living arrangements on Torrid Street during reconstruction of Roberts’ home, the motion reads.
While living temporarily elsewhere in the district, the motion clarifies however that Roberts returned to the East Bend Road address “every single day in November, December, 2023 and January, 2024 to check mail, to feed the animals (on the property), to check on construction progress, and to ensure that heat was provided to the residence during cold weather.”
The motion goes on to say Roberts was advised by the Kentucky Secretary of State’s office to list his permanent legal address “and not any temporary address” on both his witness signature for Massie and on Roberts’ own candidate filing dated Jan. 5.
“Roberts followed the Office of the Secretary of State’s advice in completing both forms,” the motion reads. “Thus Roberts’ legal residence throughout 2023 and 2024 was (East Bend Road) Burlington.”
Motion for sanctions on hold
A ruling from Judge McCloud on Massie’s motion to prohibit Deters from filing future pro se court action without judicial screening is not expected March 15, said Wiest. He said a ruling on that motion could come at a later date.
On Feb. 26, Massie filed the motion, saying Deters’ Feb. 22 lawsuit meets legal standards for sanctions under existing case law and civil law. Among the case law cited is Large v. Oberson (Ky. 2017) which determined that “sanctions are appropriate when litigants pursue baseless claims,” the motion reads.
According to the motion, Deters has “a history of filing frivolous and self-serving actions” and “his prior history of vexatiously challenging another opponents’ residence.” It goes on to say that the lawsuit was filed for “improper purposes, namely to harass, cause needless delay, generate free press coverage, and increase the costs of litigation.”
Also cited in the motion is Deters’ 2023 lawsuit challenging the residency of last year’s gubernatorial rival Kelly Craft. It says the challenge was made “not to adjudicate an issue but instead to garner press coverage.” That case was dismissed by Fayette Circuit Court Judge Lucy A. VanMeter last May.
On Friday Deters filed a motion to strike Massie’s move for sanctions. He provided a statement to LINK Friday evening, published in part below:
“My only comment is that I will be filing my response to their motion and I believe Thomas Massie out of 435 Congressional Members is going to regret being more careful choosing is (sic) witness to his nominating position. He messed it up.”
https://linknky.com/news/2024/03/01/massie-reelection-challenge-deters/
{Rebecca Hanchett | 01 March 2024}
A Lewis circuit court judge is expected to rule March 15 on a motion tied to U.S. congressman Thomas Massie’s qualification for reelection amid a legal challenge from primary opponent Eric Deters.
Lewis and Greenup Circuit Judge Brian McCloud said in court Friday he plans to rule March 15 on Massie’s motion that the court find Massie “a bona fide candidate” for reelection to the 4th U.S. House District, Massie attorney Chris Wiest told LINK nky. Other motions are also pending.
Deters — a former Northern Kentucky attorney representing himself in the case — filed a lawsuit challenging Massie’s qualification for reelection back on Feb. 22.
Wiest told LINK he does not expect a March 15 ruling on another Massie motion asking that Deters be sanctioned in response to the lawsuit, although a ruling on that could come at a later date. That motion requests Deters be prohibited from filing any future pro se (meaning “for himself”) state court actions without having the actions first screened by a judge.
Deters, a 2023 Kentucky gubernatorial candidate who is running against Massie for Congress, says in the Feb. 22 suit that Massie is not qualified to run this year based largely on residency questions surrounding current state House District 66 candidate TJ Roberts – one of two witnesses to Massie’s Dec. 18 candidate filing in Frankfort.
Deters’ lawsuit claims that Roberts – whose home on East Bend Road in Burlington was destroyed by fire early last year, but has since been rebuilt – was not living at that address last year when he listed it as his permanent address as a witness to Massie’s filing on Dec. 18. State law requires election filings be witnessed by two persons, both living in the same district as a candidate and registered with the same political party as the candidate.
Deters claims Roberts’ residency in the district was uncertain when Roberts witnessed Massie’s filing on Dec. 18. His lawsuit asks the court to throw out Massie’s candidacy based largely on that claim.
Deters himself filed to run against Massie in this year’s congressional primary Jan.5.
Massie response, Roberts’ affidavit
Massie responded to Deters in a Feb. 26 motion, asking the court to rule in his favor based in part on a Feb. 26 affidavit from Roberts.
In the affidavit, Roberts gave sworn testimony that the East Bend Road address is his permanent address.
“Mr. Roberts testifies that he is a legal permanent resident,” the motion reads. “He has been a registered Republican in Kentucky’s Fourth Congressional District (and Kentucky House District 66) since 2017.”
According to the motion, Roberts stayed with his mother temporarily at her home in Walton after the fire through mid June 2023. From that point to Jan. 10, 2024, Roberts testified that he stayed temporarily at a residence on Torrid Street in Burlington (also in the 4th District and 66th House District) until moving to a rebuilt home at the permanent East Bend Road address on Jan. 11, 2024.
Allstate insurance company paid for temporary living arrangements on Torrid Street during reconstruction of Roberts’ home, the motion reads.
While living temporarily elsewhere in the district, the motion clarifies however that Roberts returned to the East Bend Road address “every single day in November, December, 2023 and January, 2024 to check mail, to feed the animals (on the property), to check on construction progress, and to ensure that heat was provided to the residence during cold weather.”
The motion goes on to say Roberts was advised by the Kentucky Secretary of State’s office to list his permanent legal address “and not any temporary address” on both his witness signature for Massie and on Roberts’ own candidate filing dated Jan. 5.
“Roberts followed the Office of the Secretary of State’s advice in completing both forms,” the motion reads. “Thus Roberts’ legal residence throughout 2023 and 2024 was (East Bend Road) Burlington.”
Motion for sanctions on hold
A ruling from Judge McCloud on Massie’s motion to prohibit Deters from filing future pro se court action without judicial screening is not expected March 15, said Wiest. He said a ruling on that motion could come at a later date.
On Feb. 26, Massie filed the motion, saying Deters’ Feb. 22 lawsuit meets legal standards for sanctions under existing case law and civil law. Among the case law cited is Large v. Oberson (Ky. 2017) which determined that “sanctions are appropriate when litigants pursue baseless claims,” the motion reads.
According to the motion, Deters has “a history of filing frivolous and self-serving actions” and “his prior history of vexatiously challenging another opponents’ residence.” It goes on to say that the lawsuit was filed for “improper purposes, namely to harass, cause needless delay, generate free press coverage, and increase the costs of litigation.”
Also cited in the motion is Deters’ 2023 lawsuit challenging the residency of last year’s gubernatorial rival Kelly Craft. It says the challenge was made “not to adjudicate an issue but instead to garner press coverage.” That case was dismissed by Fayette Circuit Court Judge Lucy A. VanMeter last May.
On Friday Deters filed a motion to strike Massie’s move for sanctions. He provided a statement to LINK Friday evening, published in part below:
“My only comment is that I will be filing my response to their motion and I believe Thomas Massie out of 435 Congressional Members is going to regret being more careful choosing is (sic) witness to his nominating position. He messed it up.”
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