Louisville Metro Council President David James has filed a lawsuit challenging the eligibility of a Democratic candidate trying to unseat him in May's primary election.
The lawsuit claims that Courtney Lamont Phelps, who is seeking to take over the 6th District council seat that James currently holds, does not live at the address listed in his early January candidacy filing with the Jefferson County Clerk's Office.
According to a copy of his filing that is included as an attachment to the lawsuit, Phelps listed his address on Garvin Place in Old Louisville, which is in the 6th District.
But the complaint from James alleges that Phelps does not live at the listed address and did not live there at the time of his filing. It adds that "Phelps' actual residence is unknown at this time."
"It is not known whether he resides in the district at issue, in Jefferson County, or even within the Commonwealth of Kentucky," reads the complaint, which was filed Tuesday in Jefferson Circuit Court.
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The lawsuit names Phelps as well as the Jefferson County Clerk and Jefferson County Board of Elections as defendants. One of the two lawyers representing James provided The Courier Journal with a copy of the complaint.
Claims made in a lawsuit represent only one side of the case.
Phelps told The Courier Journal in a message that “everyone within a 20-mile radius knows that for the last several years I have been a resident and acting Executive Director for New Legacy Reentry Corporation ... at 1115 Garvin Place.”
That is the address which Phelps listed on his candidacy filing. New Legacy Reentry Corporation is a faith-based organization that works with former felons to prevent reincarceration.
Phelps said the cofounder of New Legacy Reentry Corporation recently placed him on a three-month leave of absence over a domestic violence accusation that Phelps said is false.
“It’s a mess over there,” Phelps said.
James’ attorneys, F. Todd Lewis and Ryan Vantrease, said in a statement that “James welcomes valid and truthful election challengers, who respect the law in pursuing their candidacy.”
“But David has built a career of more than two decades in law enforcement, including enforcement of election laws, and feels strongly that such serious violations of the law must be redressed in any situation, especially when individual citizens have been victimized in the process,” the statement said. “...Election laws exist to offer a level playing field and fairness to candidates and voters alike, and serious transgressions must be pursued and prosecuted on behalf of all voters.”
A spokesman for the Jefferson County Clerk and Board of Election did not immediately respond to a request for comment.
The complaint notes that under state law, a Metro Council candidate must reside in the area they seek to represent for a year or more before the general election.
In addition, the lawsuit takes issue with two voters who signed their names on the filing form stating that Phelps lives at his address.
Someone other than the two listed voters actually signed and made the statements on the form, the lawsuit claims.
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The complaint asks for a court to disqualify Phelps and direct the county clerk and board of elections to take his name off the ballot for the May 19 primary.
A Republican candidate, Kristi "Kristina" Smith, is also registered to run for the 6th District seat that James has held since 2010. The 6th District stretches into neighborhoods like Limerick, California, Old Louisville, Shelby Park, Smoketown, Taylor Berry and the Central Business District.
This story may be updated.
Reach Billy Kobin at bkobin@courierjournal.com or 502-582-7030. Support strong local journalism by subscribing today: courier-journal.com/subscribe.
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February 02, 2020 at 02:10AM
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