Suit challenges eligibility of Kansas House victor charged with election fraud
A lawsuit filed Monday in Johnson County district court alleges that an Olathe Republican who won a seat in the Kansas House last month is ineligible to serve because he didn’t reside in the district.
Adam Thomas won the 26th District seat in the Kansas House of Representatives despite being arrested and charged with election perjury in September. He allegedly gave a false address when he filed paperwork declaring his candidacy.
The lawsuit contesting Thomas’ ability to assume his seat in the state House was filed on behalf of 11 residents of the 26th District by Kansas City attorney Mark Johnson. He wrote in the lawsuit that if Thomas was in violation of the residency requirement, he “could be neither a nominee nor candidate for the Kansas 26th House legislative district, and as such he may not assume the seat representing that district.”
Within 20 days, Johnson said, a judge will gather evidence and send it to the speaker of the House of Representatives.
Johnson said a House committee will hold a hearing on the question and make a report to the full House, which will ultimately decide whether Thomas is allowed to be seated.
If Thomas is deemed ineligible, Johnson said his understanding of state law is that the Democrat who lost to Thomas in November -- Deann Mitchell -- would assume the seat
Bryan Caskey, Kansas’ director of elections, could not be immediately reached for comment.
Thomas did not respond to a request for comment from The Star.
According to an affidavit made public last month, Thomas filed notice on May 31 with the Kansas Secretary of State that he intended to run for a state House district that covers Spring Hill and part of Olathe.
That same day, he filed a voter registration application with the Johnson County Election Office.
On both documents, he listed an address on East 152nd Street in Olathe, according to the affidavit.
He documented that the address had been established by him the day before.
The election form noted that filing a false application can result in criminal prosecution.
On June 11, according to the affidavit, Thomas filed a “statement of substantial interest” form with the secretary of state listing the 152nd Street address.
Then in June, the Johnson County District Attorney’s Office began an investigation after receiving two letters stating that Thomas actually lived at an address on Apache Lane in a different house district.
On June 12, a post on the “Adam Thomas for Kansas” Facebook page explained that Thomas’ family had outgrown the home on Apache and in late May entered a purchase agreement to acquire their “forever” home in the 26th District.
The post said they would take possession of the house on July 5. Until then, they were staying at a friend’s home in the 26th District and had forwarded their mail to that address.
But according to the affidavit, the DA’s investigators checked with the U.S. Postal Service and found that as of July 2, no change of address form had been filed by Thomas or anyone else at the Apache Lane address.
And he had not requested a change of address for the East 152nd Street home, the affidavit alleges.