A challenge to the City of Tucson's Nov. 3 General Election was dismissed yesterday by a Pima County Superior Court judge. Republican City Council candidates Kelly Lawton and Margaret Burkholder filed the challenge, saying the judge should throw out the election results and declare them the winners or order a new election. The two lost in the citywide election, but say they would have won had the City used a ward-only election.
In his ruling, Superior Court Judge Gus Aragon said the candidates shouldn’t have waited until after the election was over to file their challenge.
A recent opinion from a Ninth Circuit Court of Appeals panel of three judges said Tucson’s election system is unconstitutional, but the City plans to file a petition for hearing before the full Ninth Circuit.