Kentucky U.S. Rep. Thomas Massie to stay on ballot, court rules

A Kentucky judge made a decision Friday that keeps U.S. Rep. Thomas Massie on the primary ballot this spring.
A Kentucky judge made a decision Friday that keeps U.S. Rep. Thomas Massie on the primary ballot this spring.
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VANCEBURG, Ky. – Rep. Thomas Massie will stay on the ballot in Kentucky following a judge's ruling Friday afternoon.

It took Judge Brian McCloud less than a minute to announce his decision to attorneys at a Lewis County courthouse about 90 miles southeast of Cincinnati.

He wrote in his decision that an address on Massie's candidate filing paperwork is accurate. That defeated the crux of a legal claim that the address was incorrect and thus would disqualify Massie from the Republican primary ballot.

Republican congressional candidate Eric Deters – an enthusiastic Donald Trump supporter who filed the lawsuit – said he will appeal the decision.

After the hearing, Deters said he took issue with witnesses who submitted affidavits that helped Massie win his case.

"They’re ducking the truth ... They don’t want to be cross-examined on them (the affidavits) and I think I have a right to do that," he said.

Eric Deters said he will appeal Judge Brian McCloud's decision.
Eric Deters said he will appeal Judge Brian McCloud's decision.

Who are Thomas Massie and Eric Deters?

Massie beat three other Republicans in the 2022 primary with over 75% of the vote. In 2020, he won the primary with over 80% of the vote. He represents 21 counties in a district that runs from the suburbs of Louisville, through Northern Kentucky and east to the West Virginia border.

But he’s made enemies among Republicans in Congress for his vocal pushback and votes against party-line policies he has disagreed with.

He also publicly supported Florida Gov. Ron DeSantis’ presidential bid and has criticized Donald Trump.

Rep. Thomas Massie, R-Ky., speaks to reporters before attending a meeting along with other GOP house members to work on formally elect a new speaker of the House in Washington on Oct. 13, 2023.
Rep. Thomas Massie, R-Ky., speaks to reporters before attending a meeting along with other GOP house members to work on formally elect a new speaker of the House in Washington on Oct. 13, 2023.

Deters is his own brand of rabble-rouser.

The controversial figure can no longer legally practice law in three states, online records show. He's also faced charges for chasing his nephew down in a truck and harassing him via phone; been arrested after he failed to appear in court for a traffic ticket; and was banned from a courthouse after threatening to burn it down.

While Deters has never held elected office, he still hovers in the political sphere with a politics-focused show on YouTube. He also hosts an event called Freedom Fest that’s drawn over 10,000 people and featured speakers that included Eric and Donald Trump Jr.

He said after the court hearing that he's not naïve and knows that without an endorsement from the former president, he likely won't be able to beat Massie in the May 21 primary. But he thinks it's his duty to challenge Massie because he doesn't agree with the lawmaker's policies.

"These guys are professional politicians. The whole world depends upon (the court decision.) I'm happy and jolly and I’m going to keep doing what I do every day,” Deters said.

What were the allegations against Massie?

Massie filed to run for reelection Dec. 18. In doing so, he was legally required to include signatures from two voters in the district. Those voters signed the filing and included their address.

The problem spouts from the signature of T.J. Roberts, a state representative candidate in Boone County, located about 20 miles southwest of Cincinnati.

The home Roberts shares with his grandparents burned down May 2, 2023 and was not able to be occupied until Jan. 11, 2024, which is the day he moved back in.

Roberts said in court documents he continued living in the 4th Congressional District during that time at a temporary residence.

The court documents and several affidavits from neighbors say Roberts was at the home almost daily to check on farm animals, the status of construction, and get mail. His voter registration, license, insurance, and vehicle all remained registered at his grandparents’ home and the family kept personal items in a garage at the home.

Roberts also said in a court document that he checked with the Kentucky secretary of state's office before filing to run for office and was told to use his permanent address instead of his temporary one.

But Deters said in court documents Roberts’ stated residency was not accurate despite the circumstances. He’s also trying to get Roberts removed from the ballot.

Tom Bruns, one of Massie's attorneys who attended the court proceeding, said afterwards that the judge clearly made the right decision.

"You shouldn’t lose your residence simply because, temporarily, you had a fire and are staying somewhere else," he said. "I tell clients all the time, the law makes common sense. You can almost figure it out for yourself."

This article originally appeared on Cincinnati Enquirer: Judge's ruling keeps Kentucky U.S. Rep. Thomas Massie on ballot