By Charles Wolfe
The Associated Press
LA GRANGE, Ky. - Hunter Bates and his wife testified from a witness stand Thursday that they have always been Kentucky residents, even during six years as apartment dwellers in a Washington, D.C., suburb.
Jennifer Bates was the more emphatic of the two while testifying in a hearing on a lawsuit challenging her husband's eligibility to be a candidate for lieutenant governor.
"We wanted to live in Kentucky. We wanted to raise our children in Kentucky. I never intended to raise my children anywhere else," she said.
In addition, she said that when the couple moved to Alexandria, Va., in 1995, her husband "promised me we would not be there more than three years."
The lawsuit was filed in Oldham County, where the couple settled a year ago. The lawsuit, by a Republican voter and one of Bates' Republican opponents for lieutenant governor, alleges Bates fails to meet a requirement of Kentucky's 1891 constitution: residency in the state for six years preceding the election.
A hearing on the case began Wednesday before Oldham County Circuit Judge Paul Rosenblum and was expected to conclude Thursday.
Hunter Bates also testified that he paid Virginia taxes and got a Virginia driver's license because that's what Virginia law required of anyone who spent more than six months in the state.
"I intended to comply with the laws of Virginia," he testified.
Bates repeatedly characterized Alexandria as his mailing address rather than a home address. He has maintained that he never severed his Kentucky residency or ties which include ownership of property in his native Whitley County.
Bates said in an interview Wednesday that the issue of residency was thoroughly discussed when he agreed to be the running mate of Republican gubernatorial candidate Ernie Fletcher. All involved agreed that he was on solid ground, Bates said. He said the suit is "not about law; it's about politics."
Plaintiffs in the case are Curtis Shain, a University of Louisville student, and Bob Heleringer, running mate of gubernatorial candidate Steve Nunn.
Bates lived in Alexandria, Va., while working in a Washington law firm and as an aide to U.S. Sen. Mitch McConnell from 1995 until last year.
In any event, "the issue here is whether Hunter Bates is a constitutional resident, not whether he's a tax resident," one of his attorneys, James Milliman of Louisville, told the judge. Bates "did what Virginia law forced him to do" about being licensed and paying taxes, Milliman said.
Attorneys for Shain and Heleringer said the case should be decided on Bates' "actual residence" during the disputed period, three years of which he spent as a full-time employee of a Washington law firm, Howrey & Simon.
"Whether he came back to Kentucky, ... whether he was born and raised in Kentucky, all that is irrelevant," Heleringer attorney Tom Hectus said.
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