John Ley might well be eligible to represent the 18th District in the Legislature; that will be up to Clark County Auditor Greg Kimsey. But it is clear that Ley has violated the spirit of Washington law if not the letter, calling into question his commitment to voters in the 18th District.
The fascinating case brings up wide-ranging questions about residency requirements for political candidates, about local representation and about the need for changes to the state and U.S. constitutions. But in the short term it brings up issues for county election officials and, perhaps, voters in the 18th District.
A brief synopsis: Ley for years has lived in Camas, at a residence currently in the 17th District. He filed to run as a Republican in the 18th District this spring, after changing his voter registration to a Battle Ground residence in that district.
“All parties are in agreement that prior to April 2022, Mr. Ley resided and was domiciled in Camas, Washington, outside of the 18th District,” Kimsey said last week during a hearing about the matter.
Washington law specifies that candidates must “reside” in the district where they are seeking office, but it does not define “reside.” Citizen activist Carolyn Crain has challenged Ley’s eligibility in the district.
During the hearing, Ley said he is renting a room at the Battle Ground address for $1 a month and is free to stay in the home whenever he likes.
When asked about a previous statement that he doesn’t recall how often he has stayed at the Battle Ground address, Ley said: “I have spent the night at that address, and that was accurate at the time. I did not recall specifics. My intention in renting the room was they are snowbirds. They live out of state and therefore I could freely access that location per our agreement anytime I desired.”
County property records show that Ley has owned a home in Camas for more than 20 years.
Ley’s “residence” and his eligibility to run for office in the 18th District will be determined by Kimsey, the county’s top elections official. If Ley is eligible, voters in the 18th District will determine whether the issue is important.
Given the facts in the case, it seems similar to Washington residents who use an Oregon address to register vehicles. The goal of that strategy: An end run around Washington’s registration fees, at the expense of the rest of us.
In Ley’s case, he appears to be a carpetbagger who wants to represent the 18th District but is not committed enough to move there. He could have pursued either of the 17th District seats that are up for election this year.
Even if Ley is deemed eligible, voters should question how effectively he would represent the 18th District. A local connection is essential to America’s system of representative democracy.
From a broader standpoint, the issue raises questions about representative government. In Congress, the U.S. Constitution requires representatives to be at least 25 years old, be a citizen for at least seven years, and reside in the state they represent; but it does not require them to live in the district, an oversight that should be corrected.
The state Constitution says: “No person shall be eligible to the legislature who shall not be a citizen of the United States and a qualified voter in the district for which he is chosen.”
Using a Battle Ground address, Ley might be a qualified voter in the 18th District — as specious as that status may be. Kimsey will have a difficult decision in making that determination. But voters in the 18th District should have an easy decision regarding Ley’s candidacy.
