(Updated to reflect Thomas’ correct name in parts of story)
Topeka Democratic state Rep. Vic Miller on Tuesday asked Johnson County prosecutors to investigate whether an Olathe statehouse candidate is living in the district where he filed to run for office.
Announcing his request at a news conference, Miller said that Adam Thomas of Olathe may have committed election perjury when he filed to run for the House at an address belonging to a duplex owner in House District 26. The same request was sent to Secretary of State Kris Kobach.
“All indications are that there is significant evidence of election perjury and egregious fraudulent activity,” Miller said in a statement.
Thomas denied the accusation, saying the duplex served as a transition residence as his family moved from their old home to a new one in the 26th District.
He blamed his Democratic opponent Deann Mitchell for “launching personal, baseless attacks at my family.”
Records supplied by Miller show that Thomas registered to vote and filed to run for the District 26 seat on May 31 using the duplex’s address at 1308 E. 152nd St. in Olathe.
Miller said it appears Thomas lives at 1420 S. Apache Lane in Olathe, outside the 26th House District.
Miller presented reporters with a copy of an affidavit from the duplex owner saying she did not have a lease with Thomas or his wife.
Miller argued that the actual resident of the duplex on 152nd Street is Jacob Swisher, who contributed $400 last year to Thomas’ campaign for Olathe City Council.
Miller said that under the terms of the duplex lease, the owner inspected the interior of the property on June 11 in Swisher’s presence. At that time, Swisher said nothing about any other occupants of the property.
The lease, Miller said, requires Swisher to notify the owner of any occupants beyond himself.
Thomas said he and his wife agreed to buy a new home in the 26th District in late May. He said the family takes possession of the new home on July 5. He said the duplex was a temporary residence as his family moved into their new home.
“In the interim, as many families in our situation have done, we are staying at the home of a friend and have forwarded our mail to this address,” Thomas said in a statement. “Notably, this temporary residence is also in the 26th District and nearby our new home.”
District 26 has been represented by Rep. Frank Trimboli, who is not running for re-election. He succeeded former state Rep. Larry Campbell, who resigned from the Legislature early in the year to become chief budget officer for Gov. Jeff Colyer.
The district, which leans heavily Republican, could be a pickup for Democrats if they succeed in getting the district attorney to take action. A spokeswoman for the district attorney couldn’t comment because the office had not seen the complaint.
The only other candidate to file in the district is Mitchell.
Thomas said Mitchell should “stop making up false accusations and spinning the rumor mill regarding my family’s Olathe residency. Mitchell could not be reached for comment late Tuesday afternoon.
“My wife and I have been proud to call Olathe home for 31 years, and we are proudly looking forward to making Kansas House District 26 our home for many more years to come. We will represent Olathe and Spring Hill well in Topeka.”
It would be very hard for a Democrat to win a race against a Republican in the 26th District, given that it went 58 percent for President Donald Trump in 2016 and 57 percent for former Republican Gov. Sam Brownback in 2014.
This is the second residency challenge that Miller has brought in a similar situation.
On Monday, the state Objections Board turned down an effort to remove a Republican candidate in the 85th House District over residency questions.
Like the Olathe situation, if Miller had been successful in removing the Wichita candidate from the ballot, it would have given the seat to a Democrat in an area that’s heavily Republican.
