Some say that one of the new council members-elect will be challenged for eligibility to accept office. The issue raised is whether the candidate qualifies, based on the one year residency requirement. If a challenge is filed, voters can thank our Town Attorney Martin Brannan. In his Response to Motion to Expedite, in the action brought against the Town and Mike Jewitt by Candidate John Prutch, Brannan has already adjudicated the issue:
“Challenges concerning alleged procedural violations of the election process must be brought prior to the actual election. Sherman v. City of Tempe, 202Ariz. 339, 342, ¶ 9, 45 P.3d 336, 339 (2002); citing Tilson v. Mofford, 153 Ariz. 468, 470, 737 P.2d 1367, 1369 (1987) (holding that “[p]rocedures leading up to an election cannot be questioned after the people have voted, but … must be challenged before the election is held”)(citing Kerby v. Griffin, 48Ariz. 434, 444-46, 62 P.2d 1131, 1135-36 (1936)).”
