A Kentucky circuit court judge has ruled that Congressman Thomas Massie’s candidacy is valid, striking down a case brought against him by 4th congressional district rival and former attorney Eric Deters.
Lewis Circuit Judge Brian McCloud dismissed Deters’ lawsuit against Massie Friday, stating Massie’s candidacy filing with the state dated Dec. 18, 2023 “is valid and (Massie) shall remain a bona fide candidate.” The petition was dismissed “with prejudice,” meaning it has been permanently dismissed by the court.
Deters said Friday that he will appeal McCloud’s ruling, arguing that the judge did not rule on Deters’ right to take depositions in the case.
He said he will file his appeal Monday.
“It’s my belief that they’re not allowed to issue affidavits and then I not get to cross-examine them either at hearing or deposition,” Deters said in a Facebook post after the dismissal. “So I believe this decision is erroneous. And I have a right to appeal it, and I will.”
“If they had lost they would have appealed, too,” Deters said.
In the lawsuit, Deters argued Massie’s candidacy for reelection is invalid because of residency questions surrounding one two witnesses to the filing, TJ Roberts of Burlington, a political candidate for Kentucky’s 66th House District.
There are two legal requirements to serve as a witness to a political candidacy in Kentucky: being a member of the same political party and residency in the same political district. Both Massie and Roberts (like Deters and Massey) are Republican. Roberts is also a resident of the district, Massie argued, although he temporarily relocated after a 2023 fire at his home.
In his ruling, McCloud quoted state law (KRS 116.025 2) that read ‘A voter shall not lose his or her residence by absence for temporary purposes merely, nor shall he or she obtain a residence by being in a county or precinct for temporary purposes without the intention of making that county or precinct his or her home.’
“It is clear from the evidence Mr. Roberts’ intention was to continue to reside at his permanent address (on) East Bend Road, Burlington (Boone County) Kentucky,” McCloud wrote.
Roberts responded to the ruling Friday in a press statement to LINK nky that read:
“The baseless lawsuit filed by Eric Deters to disqualify Thomas Massie from the ballot has been dismissed. The lawsuit, initiated by Mr. Deters and his associates, was a desperate attempt to manipulate the legal system and undermine the electoral process. The tragic fire that destroyed my home in 2023 was a personal tragedy that my opponent and his allies have shamelessly attempted to exploit for political gain. It is disgraceful that they would stoop so low as to use my family’s suffering to interfere with Kentucky’s elections. … I am grateful for Judge Brian McCloud’s common-sense ruling and the outpouring of support we have received from our community.”
Deters’ complaint against Massie, filed Feb. 22, claimed that Roberts did not live at the East Bend residence given as a witness to Massie’s candidacy filing, adding “Thereafter TJ moved elsewhere. It is unknown where he resided. It is unknown where (Roberts) resided on Dec. 18, 2023, but it is beyond doubt TJ Roberts did not live or reside at (the East Bend Road property in Burlington) on that date.”
Deters claimed Roberts “falsified under oath his residential address as a residence that burned down and had open building permits prohibiting occupancy.”
In a text to LINK nky, Deters followed up his Facebook remarks on the case by reiterating his intention to appeal the case against Massie.
“I like my chances,” he told LINK. “As Americans have come to learn, every level of a case and appeal has to be played out.”
Massie’s campaign Thursday released polling results for his 2024 reelection race that show him leading Deters 70% to 12% among 300 polled voters in the 4th district.
The polling was conducted March 2-4 by DC-area UpONE Insights, a data polling and research firm that cites several federal Republican political candidates among its clients. According to a press release from UpONE, “even if Donald Trump were to endorse Deters, Massie’s lead would still be over 40 points.”
Deters said in his Facebook post on Friday that he is hopeful for a Trump endorsement this year.
“I know for a fact that if Trump endorsed me, I would win,” he said.