Lawsuit fails to kick Kirkpatrick off ballot

By Howard Fischer | Capitol Media Services via Arizona Capitol Times

Ann Kirkpatrick is a resident of Tucson and entitled to run for the open congressional seat being vacated by Martha McSally, a judge ruled this afternoon.

Matt Heinz lost the suit to have Fitzpatrick taken off the CD2 ballot.

Maricopa County Superior Court Judge Joshua Rogers acknowledged that Kirkpatrick still owns a home in Flagstaff. And he said she does spend time at a Phoenix condo, which she jointly owns with husband Roger Curley.

But Rogers said based on the evidence he saw and Kirkpatrick’s statements in court on Tuesday he finds that from the time she announced her candidacy in July 2017 and began to collect petition signatures for the Democratic nomination, she “was physically present in Tucson and had an intent to remain in Tucson.”

What that means is that a legal challenge paid for by Matt Heinz, who also wants the CD 2 seat, fails

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