Lynch at Large

Yeah. I know we all thought he was done, but Drew Pritt has surfaced with the following press release.

Pritt is a troublemaker. There's nothing wrong with that. The merits of his complaint will be decided elsewhere.

If memory serves me well, the legal concept of "residency" is not exactly cut and dried.

Drew Pritt, Democrat, who withdrew officially from the race for Lt. Governor on April 4th is filing a formal protest with the Arkansas Democratic Party asking that Bill Halter's name be withdrawn from the May 23rd Preferential Primary Ballot.

"Bill Halter can say he has resided in Arkansas but his business & professional activities show that Mr. Halter has been in California and Washington, D.C.," said Pritt. "Pursuant to Rule 21 of the Official Rules of the Arkansas Democratic Party and in the qualifications set down by the Arkansas Secretary of State's office concerning eligibility for office, Iam hereby challenging the right for Bill Halter to seek the Lieutenant Gvernor‚s office because he has not been a resident of the State of Arkansas. I further ask that he be removed from the May 23rd Democratic Preferential Primary Ballot as soon as possible."

Pritt is filing his protest with Chairman Jason Willett and the Arkansas Democratic Party primary this afternoon. "As prescribed by Rule 21, since the ballot was certified on A ril 14th, I am filing this grievance from that official date in the ten day time period,"

DETERMINATION OF ELIGIBILITY

A Governor and Lieutenant Governor

[Arkansas Constitution, Article 6, as amended by Amendment 6, §§1 and 5; Amendment 63, §1]

Must be an Arkansas resident for seven (7) years Article 6, §5

According to Websters, the definition of a resident is as follows : One who resides in a particular place permanently or for an extended period.

PRECEDENT

 There is the case of Valley v. Bogard, 342 Ark. 336, 28 S.W.3d 269 (000), to support this argument. Valley involved a pre-primary eligibility challenge brought by Arnell Wllis, a candidate for State Representative, District 99, in the Democratic primary, against J.F. Valley, another Democratic candidate for the same office. Willis argued that Valley was not eligible for the office because he had not resided in Dstrict 99 for a year prior to the election. The trial court agreed with Willis and entered an order finding that Valley did not meet the residency qualifications.

 Section 7-5-207(b) provides a means for a voter to raise a pre-election attack on a candidate's eligibility to stand for election and for removal of that ineligible candidate's name from the ballot. (See Helton v. Jacobs, 346 Ark. 344, 57 S.W.3d 180 (2001); Tittle v. Woodruff, 322 Ark. 153, 907 S.W.2d 734 (1995); State v. Craighead County Bd. of Election Comm'rs, 300 Ark. 405, 779 S.W.2d 169 (1989).) "That statute created a right in the people to the proper administration of election laws by prohibiting the inclusion of ineligible candidates on the ballot.

 Hunter Bates, a candidate for Lt. Governor in Kentucky in 2003, was removed from the primary ballot because he did not meet residency requirements set forth by the Kentucky Constitution. Though the ballots had been printed, the Judge ruled that new ballots be printed or Bates blotted out.

Oldham Circuit Judge Paul Rosenblum said that even though Bates maintained the right to vote in his native Whitley County and owns poperty there, he lost his residency status because he was out of state too long.

http://www.courier-journal.com/localnews/2003/03/27/ke032703s387817.htm


 Robbyn Tumey of Arkansas, in 2002 did raise a similar challenge about the validity and residency of her challenger, Timothy H tchinson III, in a bid for State House. Her case was not heard on the merits, but merely the fact it was not properly filed, according to Judge Tim Fox.

http://www.tumey.com/story6.htm

RESIDENCY CHALLENGE

 According to a letter from the Dean at Stanford University, on January 20, 2003, Mr. Halter is listed as a resident of Washington, D.C., not Arkansas.

Mr. William A. Halter
Stanford University, Board of Trustees
Washington, D.C.
http://deansnewsletter.stanford.edu/archive/01_20_03.html

 Furthermore, according to Halter‚s official biography with the Social Security Administration, he lists himself as a native, but not a resident of North Little Rock, Arkansas.

http://www.ssa.gov/history/halter.html

 According to various press releases within the last seven years time frame, found on the internet detail Mr. Halter‚s activities at Threshold Pharmaceuticals in Redwood City, California, Stanford University in California, the Social Security Administration in Washington, D.C., Akami
Technologies in Massachusetts.

 Although Mr. Halter may have owned land in Arkansas and registered to vote here, he did not maintain a constant residence. Furthermore, his involvement in business and social means were in other states, not in Arkansas. Therefore, he has not resided in Arkansas the proper amount of time to be a legitimate candidate for Lt. Governor in Arkansas.

 Pritt says he also understands that Halter attempted to claim the Homestead Exemption Act on his taxes when residing in Washington, D.C. Pritt says this is indicative of the fact that Halter saw himself as a resident in D.C., not Arkansas.

UPDATE" The following latest release speaks for itself.

Drew Pritt, Democrat, had the following statement to make concerning the decision of the Arkansas Democratic Party to not hear the complaint filed earlier today.

"I deeply respect Chairman Jason Willett and the long standing policy ofthe Democratic Party to not get involved in a contested primary. However, I verbalized in my complaint the concerns that I and many Arkansans believe about the legitimacy of Bill Halter's candidacy. I believe those
facts do stand as accurate and I will respect the Chairman and the Party's Legal Counsel at what they interpreted to be the window of opportunity to file this complaint. But it doesn't change the fact that there are serious questions that continue to go unanswered about Bill Halter and his candidacy for Lt. Governor of Arkansas."