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Residency issue could stop Sims comeback

| May 1, 2018 1:00 AM

By BRIAN WALKER

Staff Writer

State officials on Monday said they plan to instruct poll workers to black out Republican legislative candidate Kathy Sims’ name from the ballot of this month's primary election due to a residency issue.

However, Sims said she's continuing her campaign and plans to fight to stay on the ballot.

Chief Deputy Secretary of State Tim Hurst said Secretary of State Lawerence Denney told Sims via phone on Monday that legislative candidates must live in their districts at least a year before the November general election. Hurst said Sims moved from Coeur d'Alene to Post Falls in February.

Hurst said instructions were being sent Monday night informing the counties to mark out Sims’ name when issuing ballots and advising how to report the results on Election Day. The state's decision comes after early voting at county elections offices has started.

Sims issued a written statement on Monday afternoon in response to the decision.

"I have been a registered voter in Kootenai County for 50 years where I have voted in many dozens of elections since 1968," she wrote. "Article VI, Section 2 of the Idaho Constitution states that one must be an elector of the county or district one year prior to the election. I meet the criteria based on what the Idaho Constitution very clearly says and am continuing my campaign and fighting vigorously to stay on the ballot so that I can continue to promote conservative principles and issues for the people of Kootenai County and District 3."

The pending removal of Sims from the ballot would leave Tony Wisniewski of Post Falls unopposed for the GOP nomination to the House seat formerly held by Rep. Don Cheatham, R-Post Falls. Wisniewski will run against Democrat Dan Hanks in November.

Cheatham is running unopposed for a state Senate seat in both the primary and general elections.

A phone message left with Sims for additional comment was not returned as of deadline on Monday night.

Kootenai County Clerk Jim Brannon said his office was awaiting direction from the Secretary of State's office late Monday afternoon on the pending blackening out of Sims’ name on the ballots.

"I don't want to throw anybody under the bus, but this is a heck of a time to catch this," Brannon said, referring to the early voting that has started.

State legislative candidates file with the Secretary of State's office.

Hurst said he didn't know who notified Denney of Sims’ move.

Sims, who owns Coeur d'Alene Honda, formerly served in the House and Senate as a Coeur d'Alene resident. She was defeated in the primary by Rep. Paul Amador, R-Coeur d'Alene, two years ago.

Sims is expected to receive a letter from the Secretary of State's office today explaining why, in its opinion, Sims does not meet all the qualifications of a legislative candidate, Hurst said.

Sims can appeal the Secretary of State's decision to the district court.

"A judge would have to issue an injunction to leave her name on the ballot," Hurst said.

The residency snafu has occurred statewide 13 times since 2006, Hurst said.

The same rule was applied last week to former state Rep. Phil Hart, who served in the Idaho Legislature when he lived in Athol, and was attempting a comeback in District 7 with a Kellogg address, Hurst said.