Election results in Arizona: When will the votes be counted?
Maricopa County Recorder Stephen Richer answers questions about the timing of Arizona’s election results, the counting of results and other election topics.
Courtesy of Stephen Richer, Maricopa County Recorder
A seat in the Arizona House of Representatives that was considered safe in Republican hands could be up for grabs after one of the Republican candidates in a southeast Valley district appears to be unqualified for the office.
Michael A. Way confirmed in his nomination papers that he will have lived in Maricopa County for six years and in the 15th Congressional District for five years prior to this fall’s election.
Certification is done under penalty of perjury and is required because the Arizona Constitution requires that members of the legislature must have lived in the state for three years and in the district in which they seek election for one year before taking office.
It remains unclear whether Way meets the constitutional criteria.
Voter registration and property records show Way’s recent ties to North Carolina
Voter registration records show that Way is currently registered to vote in North Carolina, where he voted in the November 2021 and 2022 elections.
Voters must cast their ballot in the state in which they are legally resident. Arizona law states: “When a person with intent to take up residence in another state ceases to be resident in this state.”
Way had previous ties to Arizona, but property records indicate he did not return until February after he and his wife sold their single-family home in Wake Forest, North Carolina, in late January.
In a brief phone call Friday, Way said he could not remember whether he voted in North Carolina in 2022. He said he has been a resident of Queen Creek since 2009 but briefly moved to North Carolina during the outbreak of the COVID-19 pandemic before returning to Arizona.
He said his eligibility to run had been examined by lawyers, but did not reveal who had provided him with legal advice.
In a statement sent late Friday, Way reiterated that he met the eligibility requirements.
“I have lived in and around LD15 for most of the last 15 years. Under Article 4, Part 2, Section 2 of the Arizona State Constitution, I am qualified to run for the Arizona House of Representatives in LD15,” he said.
Way won the Republican nomination and is running in the July primary for one of two House seats representing LD15. He finished behind incumbent Rep. Neal Carter, R-San Tan Valley, but ahead of two other challengers.
Questions about Way’s eligibility arose when The Arizona Republic conducted background checks on House candidates.
Court ruling requires 3 consecutive years of residence
The constitutional requirement to have lived in the state for three years before running for legislative office was upheld in a 1984 Arizona Court of Appeals ruling. In that case, a legislative candidate argued that he had lived in Arizona for a total of three years, even though he had only returned to the state two years before running for office.
The appeals court affirmed a Maricopa County Superior Court judge’s finding that the three years must be continuous.
“Our decision to require three years of continuous residency prior to the election helps to ensure that the candidate is sufficiently familiar with the policy issues and the constituency he or she seeks to represent,” the appeals body concluded.
Way’s name will appear on the Nov. 5 ballot because he won the primary. A candidate’s name cannot be removed unless the Arizona Secretary of State’s office is ordered to do so by a court, which has not yet been done.
Carter and Way will likely prevail in the heavily Republican district. Democrat Barbara Beneitone is also on the ballot.
If Way is found ineligible, Carter and Beneitone would be the only official candidates for the two House seats, barring write-in campaigns.
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You can reach the reporter at [email protected] or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter, @maryjpitzl.
