Lawsuit alleges Bates ineligible for State’s Attorney race

A Democratic Party candidate for Baltimore City State’s Attorney is asking a judge to decide if one of his competitors meets the residency requirement.

Charles N. Curlett Jr., managing partner at Levin & Curlett LLC in Baltimore, filed the complaint for declaratory judgment Sept. 18 to “ensure the integrity” of the election by asking the court to determine the legitimacy of Ivan J. Bates’ candidacy.

Bates filed a motion to dismiss the action Thursday, according to court records, as well as a motion for a protective order.

A press release from Curlett’s campaign alleges Bates argues he is not a “candidate” and seeks a protective order “to shield him from having to answer — under oath — the simple questions asked of him” to determine his residency.

In a prepared statement, Bates’ campaign said Friday that he meets the requirements to run for state’s attorney.

“He is focused on talking with city residents who are deeply concerned about record levels of crime because the State’s Attorney’s Office is in disarray,” campaign manager David Kosak said. “Ivan is motivated by the excitement and energy he is receiving from voters across the city.”

The Maryland Constitution requires a candidate for state’s attorney to have resided in the jurisdiction for at least two years immediately prior to the primary election, which in this case is scheduled for June 26, 2018.

Bates, founder of Bates & Garcia P.C. in Baltimore, announced his candidacy in August. The complaint alleges he has resided in Howard County for the past five years, citing property records on file with the Maryland State Department of Assessments and Taxation.

Bates purchased property in Baltimore in 1997, according to the complaint, and is still listed as the owner. He later purchased property in Laurel, which the lawsuit claims is his primary residence through at least early 2017. An additional Baltimore property was purchased in January 2016 and Curlett alleges Bates is registered to vote at that address.

In statements to the press about his potential candidacy, Bates said he moved back to Baltimore in early 2017.

“Because it appears Bates moved to Baltimore no earlier than 2017, if at all, he does not meet the requirement and is ineligible for office,” the complaint states.

Curlett was the first challenger to declare his intention to run against State’s Attorney Marilyn Mosby, announcing in January that he filed paperwork with the Board of Elections last fall. Mosby has not made any official statement about her intention to seek reelection.

The case is Charles N. Curlett Jr. v. Ivan J. Bates, 24C17004683.