(Updated to reflect background of the case; inserts comment from Thomas’ lawyer)
A Johnson County candidate for the Kansas House was arrested Thursday on a charge of election perjury.
Records show that Adam Thomas, a Republican candidate in District 26, was booked at the Johnson County Detention Center on a charge of election perjury. It is a level nine felony.
His arraignment is set for Friday at 9 a.m. His bond is set at $2,500. He was out of jail late on Friday afternoon.
The case centers on where Thomas was living when he filed to run for the Kansas House in May. Democrats contend that Thomas misrepresented an Olathe duplex as his address within the House district when he filed to run for the Legislature.
Thomas’ lawyer, Michael Kuckelman, said he was surprised prosecutors would bring a case against his client. He pointed out that the investigation was started by a Democratic lawmaker representing Thomas’ opponent in the House District 26 race.
Kuckelman said his client didn’t do anything wrong.
He said the law only required Thomas to show where he intended to live as evidenced by the fact that he had a lease-to-purchase home in the district. Kuckelman said the contract on the new home was signed before the filing deadline.
He noted that residence doesn’t necessarily mean Thomas has to spend every waking hour there, much as someone might stay in a hotel away from home.
He pointed out that lawmakers live in Topeka during the legislative session but that doesn’t mean they surrender their residency back home.
“Mr. Thomas intends to vigorously defend himself and we believe he will be acquitted,” Kuckelman said. “This is really dirty politics at its absolute worst.”
The felony charge comes about two months after Democratic state Rep. Vic Miller accused of Thomas of committing election fraud when he filed to run for the House.
Miller, who represents District 26 Democratic candidate Deann Mitchell, asked the Johnson County district attorney to investigate the case.
Thomas listed an address on election documents where he allegedly didn’t live when he filed to run for the Legislature in House District 26, Miller said.
Miller collected documents showing that Thomas registered to vote and filed to run for the District 26 seat on May 31 using duplex address at 1308 E. 152nd St. in Olathe.
Miller argued – and later presented photographs – showing that Thomas lived at 1420 S. Apache Lane in Olathe, outside the 26th House District.
Miller also obtained an affidavit from the duplex owner saying she did not have a lease with Thomas or his wife.
He also had another affidavit from a neighbor who said he never saw Thomas or his wife and four children at the three-bedroom duplex.
Thomas, as recently as Tuesday, said the duplex was a transition between the home where he lived on South Apache and a new home that he took possession of July 5.
However, Miller argues Thomas never lived in the duplex during June, even supplying a photo of him in front of a moving van at his Apache Lane address on July 5.
“It is my contention that he and his wife were lying and are lying if they claim they were ever living at east 152nd,” Miller said.
“They have four children and for that to be true all six of these people had to be invisible for a month.”
House Speaker Ron Ryckman Jr. issued a statement responding to the charge lodged against Thomas. “We are obviously disappointed with this news, but trust the legal system in place to investigate these serious charges.”
The Kansas Republican Party did not respond to a request for comment.
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.
Miller has already challenged Thomas’ residency with the state Objections Board, which will decide next week whether to remove him from the ballot. If the board denies the challenge, Miller is prepared to go to court.
Kuckelman said Thomas would defend his residency when the Objections Board convenes next Monday.
The district, which leans heavily Republican, could be a pickup for Democrats if Thomas’ name is removed from the ballot.
Thomas had raised about $4,500 for his statehouse campaign against Mitchell.
This is the second legislative seat that Republicans are at serious risk of losing in the Legislature this election cycle in districts they where they should have an advantage.
State Rep Michael Capps, who represents the 85th District in Wichita, has been accused of emotionally abusing two children.
Most leading Republican officials, including the governor and the House speaker, have called for Capps to resign and suspend his campaign for the Legislature.
Capps has said he did nothing wrong and has vowed to continue his campaign for the Legislature.
