KY governor’s race: Judge denies Eric Deters challenge to Kelly Craft’s residency

A Fayette Circuit Judge has ruled that GOP gubernatorial candidate Eric Deters’ challenge against fellow candidate Kelly Craft’s Kentucky residency has no legal merit.

And according to the order, Deters agreed.

The candidates were scheduled to appear in Fayette Circuit Court Thursday afternoon for a hearing to determine whether Craft is a legal resident of Kentucky, and therefore eligible to run for governor of the commonwealth.

Hours before they were scheduled to appear, Fayette Circuit Judge Lucy VanMeter issued a ruling which dismissed Deters’ complaint with prejudice and said Craft has been a resident of Kentucky for the past six years.

Deters, a suspended attorney from Northern Kentucky, filed a civil suit against the former ambassador Monday, challenging her residency and ultimately her ability to run for the state’s highest office.

In his complaint, Deters argued Craft is not a resident of Kentucky, but of Tulsa, Oklahoma, where her husband, Joe Craft, is CEO of Alliance Resource Partners.

Craft has vehemently denied Deters’ allegations, saying she has been a Kentucky resident all of her life.

However, in the agreed order it states Deters agrees that under legal standards, Craft has been a “resident” of Kentucky for the past six years.

“Accordingly, plaintiff’s request for declaratory and injunctive relief is denied, and plaintiff’s complaint is dismissed with prejudice,” the order reads.

Craft was born in Lexington, and raised in Glasgow where she attended Glasgow High School. She attended the University of Kentucky and currently resides at a home in Lexington she purchased in 2000, according to an affidavit.

She claims in court documents she has been registered to vote in Fayette County since 1991, only held a Kentucky driver’s license, paid her taxes in Kentucky, and her vehicle is registered in the state. The Herald-Leader independently verified Craft’s voter registration with the county clerk; Craft first registered as a Democrat in 1991, then as a Republican in 1995.

According to her affidavit, Craft said when she served as a United States ambassador she stayed in U.S. government owned housing in Canada and New York, but maintained her home in Lexington where she “immediately returned there when her tenure was completed.”

Craft recognizes her husband does own a home in Tulsa, where his business is headquartered. However, over the past six years that she and her husband have been married, Craft claims she has visited Tulsa “only occasionally” and spent the “overwhelming majority” of her time at her home in Lexington.

Though Deters tried to draw some parallels to former lt. gov. candidate Hunter Bates, who left the ticket of former GOP governor Ernie Fletcher after having his residency challenged, Craft’s counsel argued that the situations were not comparable.

“(The court) found Hunter Bates was not a ‘resident’ of Kentucky for the prior six years because he continuously and exclusively resided in Virginia from 1996-2002; he held a Virginia driver’s license throughout the period; his vehicles were registered solely in Virginia; and he filed taxes as a Virginia resident though 2001,” the response to Deters’ complaint read.

None of those circumstances applied to Craft, they said.

“The facts show that Ambassador Craft has only occasionally visited her husband’s Tulsa, Oklahoma property, and has instead spent the overwhelming majority of her time at her Lexington residence. She has never had an intention or taken any steps... to make Oklahoma her permanent residence. She remains, as ever, a Kentucky resident,” Craft’s attorney stated.

Deters argued Craft has been living in Tulsa with her husband.

“It’s my opinion, based upon the public record, that Kelly Craft has not lived in the state of Kentucky for a consecutive time, a period of six years, under the state constitution. She may or may not have created a legal domicile, but that is not it,” Deters said during the Kentucky Educational Television GOP debate Monday.

Deters said he wanted a circuit judge to say Craft is “not qualified by residency to run for the governor of Kentucky.”

According to the Kentucky Bar Association, Deters has been suspended from practicing law in Kentucky for “disciplinary reasons” since 2020.

The Kentucky Supreme Court ruled in favor of the Kentucky Bar Association to not reinstate Deters’ law license in June 2021 when the court published an opinion which said, “Deters’ practice of law is not governed by Constitution, rule of law or procedure. It is anarchy.”

The initial judge assigned, Circuit Judge Thomas Travis, recused himself.

In his recusal form, he wrote, “I am acquainted with the defendant Kelly Craft. She and I are both natives of Glasgow, KY, and were in the same high school/graduating class. From time to time we have had some communication over the years.”

Weston Loyd, a spokesperson for Craft’s campaign, said the residency mini-saga would not distract Craft, and suggested that a PAC supporting Cameron and the Cameron campaign were “shopping” the claims leading up to the suit.

“The Agreed Order entered today by Judge VanMeter dismissing this frivolous lawsuit reaffirms what everyone already knew: Kelly Craft is a Kentucky resident. It’s a shame that Eric Deters, Desperate Daniel and his super PAC have been shopping around these bogus claims for months, and that some people sadly took the bait. They could have been talking about Kentucky’s future,” Loyd said.