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Judge Dismisses Lawsuit Concerning Candidate

By: Import User
Updated: January 7, 2009
A judge has dismissed a suit asking that a Republican legislative candidate be thrown off the ballot. Friday morning, Pulaski County Circuit Judge Tim Fox ruled that the suit should have been filed within 20 days of certification of the results of the primary election, but wasn`t. Democrat Robbyn Tumey of Rogers filed the suit seeking to disqualify Republican Timothy Hutchinson of Lowell in the state House District 95 race. The suit claimed that Hutchinson hadn`t lived long enough in the district to qualify as a candidate. Fox threw out the suit at a hearing Friday morning. But a lawyer for Tumey said an appeal is possible. He said the judge considered the suit under the wrong state law. The lawyer said the suit was not a challenge to the results of the primary, and should not have been considered as though it were.

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