IN FOCUS - Sept. 6, 2024

Arizona Republicans’ defense of single-seat majorities in the state House and Senate is looking even more tenuous at the moment. Consider the curious case of Michael Way.

The Arizona Constitution requires legislative candidates to have been a state resident for at least three years. Way voted in North Carolina in 2021 and 2022 and is somehow registered to vote in both that state and Arizona.

Now, a Republican precinct committeewoman is challenging Way’s residency and qualification to run for the Arizona House in LD-15. If a Maricopa County Superior Court agrees with her, Way may be disqualified and the seat thrown to Democrats - potentially flipping control of the Arizona House.

Notably, the intraparty squabble has ties to the Freedom Caucus as Way blames the organization and its leader, Sen. Jake Hoffman, for the residency challenge. For his part, Sen. Hoffman denies any role with the suit. 

Here’s where it gets interesting. Ballots with Way’s name on them are already printed. The GOP challenge to Way asserts that any votes in his favor be counted and, if he wins, the seat treated like any other vacancy that would be filled by another member of the same party. Democratic Secretary of State Adrian Fontes disagrees, and says the seat should fall to the next-highest vote-getter - meaning a Democrat would win one of the two House seats by default.

Political-watchers won’t have to wait long … a decision by the court is expected within the next week.