Ex-con running for CD1 files $10M suit against the state

Brian Malnes, 50, insists the lawsuit seeking restoration of his voting rights as well as those of other felons in the state prohibited from casting a ballot is not linked to his political aspirations.

Malnes said Wednesday he is suing for felony disenfranchisement. Under the U.S. Constitution, losing his voting rights for a 25-year-old conviction for robbing a bank in Utah is a violation of his civil rights, he said.

"I was a slave, and I am still a slave," said Malnes, who is among six Republicans and three Democrats who have said they hope to replace Democrat Ann Kirkpatrick in the massive district that covers portions of 11 counties, including Pima.

Kirkpatrick left the post to run against Republican Sen. John McCain.

Attorneys representing Arizona Secretary of State Michele Reagan filed paperwork on Tuesday to dismiss the Malnes lawsuit.

A spokesperson for Reagan declined to comment on the case, citing ongoing litigation. The office does not verify whether a candidate is qualified to run for an office unless someone files a formal complaint.

Malnes, who lives in Flagstaff, rejects the argument that he is not a "qualified elector" due to his conviction. He notes that a federal judge has already ruled that you do not need to be a registered voter to run for elected office.

Malnes will need to turn in an estimated 3,900 valid signatures from registered independents to qualify for the November ballot.

Currently there is no other independent candidate in Congressional District 1, which means Malnes would not have any competition until the general election in November.

By contrast, Democrats need roughly 1,600 valid signatures from party members to qualify for the primary ballot, and Republicans will need an estimated 1,300 signatures.