10/14/2009 11:58:00 AM Judge considers Katan's ballot challenge
Cindy Barks/ The Daily Courier Gil Shaw, Paul Katan's attorney, and Prescott city clerk Elizabeth Burke discuss the election ballot status at Wednesday's hearing in Camp Verde.
Cindy Barks/ The Daily Courier From left, Prescott assistant city attorney Tom Lloyd, Prescott city clerk Elizabeth Burke, Yavapai County Superior Court Judge Michael Bluff, attorney Gil Shaw and Paul Katan discuss the election ballot status at Wednesday's hearing in Camp Verde.
CAMP VERDE - In what city officials have dubbed "the election from hell," another wrinkle could be in the works.
Although an official ruling is still pending, Yavapai County Superior Court Judge Michael Bluff said this week that the City of Prescott erred in not moving council candidate Paul Katan up to the sixth-place spot on next month's ballot.
Katan, who finished seventh in the Sept. 1 primary, sued the city this past week over its handling of his write-in candidacy.
That is just latest in a series of legal challenges that the city has faced in the 2009 primary and general election - starting with a July courtroom drama over two candidates' nominating petitions, and continuing with an October legal debate over the number of signatures necessary for the Taxpayer Protection Initiative.
The abundance of legal questions caused the term "the election from hell" to come up between City Clerk Elizabeth Burke and Assistant City Attorney Tom Lloyd at a Wednesday morning court hearing.
In Katan's challenge, the candidate contends that he should have taken the place on the ballot of outgoing City Councilman Bob Bell, who dropped out of the race after finishing fifth in the primary.
After city officials ruled that Katan's name would not be on the ballot, he says, they should have taken more steps to let voters know about his write-in candidacy.
When the city did neither, Katan told the judge, he determined that the two sides were at an "impasse," and he filed his complaint asking for a temporary restraining order/preliminary injunction to halt the city's Nov. 3 general election.
While stopping short of calling for a new election Wednesday morning, Bluff did say that Prescott was mistaken in its interpretation.
"Mr. Katan should have automatically gone up to the sixth place," Bluff said at the conclusion of the two-hour hearing in the Yavapai County Superior Court's Camp Verde courtroom.
After Bell notified the city on Sept. 11 that he was considering dropping out of the race and then subsequently making it official on Sept. 15, Bluff said, "It seems to me, then, on Sept. 15, if one of the parties is out, then Mr. Katan moves up. I think that's consistent with the city charter."
But throughout the hearing, Assistant City Attorney Tom Lloyd emphasized the severe impact a ruling in Katan's favor could have on Prescott and its voters.
While questioning Burke and Yavapai County Recorder Ana Wayman-Trujillo and Elections Director Lynn Constabile, Lloyd determined that thousands of ballots had already gone out in the mail by Wednesday.
Constabile reported that the county mailed out 37 ballots to military and overseas voters on Sept. 23, and then mailed about 2,500 ballots to local voters on Tuesday, with another 10,000 expected to go out on Wednesday.
That amounts to approximately half of the 24,996 total Prescott ballots that will go out for the Nov. 3 general election.
Burke testified that the city would spend about $60,000 to $70,000 on its election.
In his closing argument, Lloyd stressed the cost - both in money and in the amount of confusion that would result from a ruling that called for a new election.
But Katan's attorney Gil Shaw maintained that the city should have been better prepared to deal with a write-in candidate.
"It's the city's duty to anticipate write-in candidates," Shaw said, contending that the city should have been prepared to follow through with Katan's request for placing a notice in each ballot to alert voters to the write-in candidate.
The steps the city and county did take - posting notices of Katan's candidacy at ballot boxes - were ineffective for the mail election, Shaw said, because only about 25 percent of voters actually drop off their ballots in the boxes, and most of those have already filled out their ballots by that time.
And of the $60,000 cost of the new election, Shaw said, "In the context of a fair, clean, accurate election, that's a small price to pay."
While Shaw had suggested a compromise that would require the city and county to place notices of Katan's candidacy in the remaining one-half of the ballots that have yet to go out in the mail, Bluff said he was "not inclined" to take that step, because it would result in Prescott voters getting two different ballots.
At the end of the hearing, Bluff said he would take the matter under advisement and would rule either later Wednesday or Thursday. By the close of business on Wednesday, Bluff had yet to issue a ruling.
INTITAL REPORT:
Although an official ruling won't come until later today or Thursday, Yavapai County Superior Court Judge Michael Bluff said the City of Prescott should have put Council candidate Paul Katan's name on next month's ballot.
Katan, who finished seventh in the Sept. 1 primary, sued the city this past week over the city's handling of his write-in candidacy. Katan contends that he should have taken the place on the ballot of outgoing councilman Bob Bell who dropped out of the race after finishing fifth in the primary.
The city, however, opted not to put Katan on the ballot, maintaining that only the top six vote getters in the primary should appear on the ballot.
After a two-hour hearing in Camp Verde Wednesday morning, Bluff disagreed and ended the hearing just after 11 a.m. to take the matter under advisement.
"Mr. Katan should have automatically gone up to the sixth place," Bluff said at the hearing. "It seems to me then on Sept. 15, if one of the parties is out then Mr. Katan moves up. I think that's consistent with the city charter."
Bluff's ruling could have a major impact on the Nov. 3 general election. Officials estimate it could cost the city $60,000 if Bluff orders a new election.
Check back to dCourier.com for details on this developing story.
Posted: Friday, October 16, 2009
Article comment by:
No name provided
Well, here we go again! I just put my ballot in the closet. No use sending it in, it may confuse the situation if all of us vote and mail our ballots now. Actually it might be kind of fun watching what they'll do with them. The decision is made now so hopefully the City will just keep quiet and let us get on with it. BUT I'm sure someone from the City council will speak because "the city council can do no wrong folks". Thanks Mr. Katan and Mr. Shaw for trying to make a cleaner election. Truly, its about time. Would love to be a mouse right now watching and listening to Mr. Kidd, Mr. Norwood and the City council. Wouldn't it be fun?
Posted: Friday, October 16, 2009
Article comment by:
It's not Paul's fault!
If you were wronged by the government, wouldn't you fight it? Why blame Paul for being smart and proactive? Thanks to all citizens who stand up for their rights. Paul's for the people!
Posted: Friday, October 16, 2009
Article comment by:
Bill
I would not faint if I were to find out that Mr. Bell intended to drop out all along. If he didn't have the stomach to go through the electoral process, why did he run in the first place? As for the cost of doing this over again, why not deduct the costs from the pay of those responsible for this fiasco? And some folks have the nerve to pick on Chicago politics.
Posted: Friday, October 16, 2009
Article comment by:
VOTE!
The only reason Paul isn't on the ballot is because people didn't vote for him. Do you realize only 1/4 of the population in Prescott voted in the primaries....so I've heard. If you know anything about Paul, you will vote for him. If you don't...then you must be the ones making ignorant comments about him. GO Katan GO !!!
Posted: Thursday, October 15, 2009
Article comment by:
No name provided
Paul Katan is not responsible for this mess. The city needs to do the right thing and should have submitted an amended ballot on request.
Paul isn't wasting money: the city is.
Posted: Thursday, October 15, 2009
Article comment by:
Ethical Voter
This is pretty cut and dry, whether you like Paul Katan as a candidate or not. We, the voters, are guaranteed 6 choices on the ballot by city charter. Bob Bell dropped out in time to be taken off of the ballots, so obviously the city had time to add a name at the same time, per city charter. Katan even gave the city a chance to rectify the situation by putting a note in the ballots that said he was an "official" write in candidate. That would have cost the city almost nothing, but they just didn't want to do the right thing and run a fair election. Pure politics at the cost of integrity and fair election practices.
BTW, for those who think Katan wasn't close, my understanding is that he missed the sixth spot by only 25 votes. This from a candidate that has spent a tiny fraction of most of his rivals (in previous years he limited himself to a $500 budget). Its time to choose a representative that's not supported by big development or the "old boy" system, regardless of whether its Katan or someone else.
Posted: Thursday, October 15, 2009
Article comment by:
bad advice abounds
Prescott voter and tax payer: It sure is the city who says which names to put on the ballot. The county elections dept just does what they are told. And it looks like they were told wrong. If this holds up in court then the already mailed ballots will be tossed, new one printed and sent out. 60 grand wasted because someone in the city govt did not want Katan's name on that ballot. He's not gonna win most likely (maybe he will now with all the publicity), so the city was just pigheaded about it and got bad legal advice. It's not the first time.
Posted: Thursday, October 15, 2009
Article comment by:
Fat Lady hasn't sung yet
I have read Prescott City Charter ARTICLE IX Section 7 (Nomination for general election). Ambiguous yes as are most lawyer written articles, however, when drilling down to word by word analysis, there is a "key clause" that clearly says that a qualifying candidate for the second election MUST HAVE RECEIVED THE HIGHEST NUMBER OF VOTES IN THE FIRST (PRIMARY) ELECTION. Katan DID NOT meet that criteria because Bell won the qualifying number of votes. The Charter further, in the same paragraph ONLY CALLS FOR twice the number of candidates as are open seats, "OR LESS IF THERE BE LESS". Notice the period, it does not go on to say "but if".
"This is the end" of the legal criteria for qualifying for the second election is at the end of the Primary Election. A). This does not say there MUST BE 6 names on the Ballot, only if 6 "originally" qualified. B). NO WHERE does this Article make provision that a NON QUALIFIED PRIMARY LOSER should hang in candidate suspension in the event a primary winner dies or drop out, the next in line should move up. Contrary, this Article PROVIDES "you must have winning numbers" to advance and FURTHER provides for LESS than 6 CANDIDATES on the election ballot.
Posted: Thursday, October 15, 2009
Article comment by:
Tom
Hey Speedy Gonzales,
The Clerk and Attorney don't work for the manager. They are at will employees of the Council. The manager has nothing to do with this.
Posted: Thursday, October 15, 2009
Article comment by:
tired and want more
I just received my ballot in the mail. I filled it out, voted and sent it right back out "without" Katan's name in site. NOW WHAT? Is the Judge going to call my vote invalid? More Legal wrangling is on the way, just wait until the Judge says MY VOTE is INVALID. I'll be glad to submit that Katan was already eliminated once. If any name should be on the ballot it should be Bob Bell's even though he withdrew.
Posted: Thursday, October 15, 2009
Article comment by:
gary ian worob
I just received my ballot in the mail and called voter registration to see if it was legal/valid. The person at the other end of the phone says it is until the Judge rules otherwise. So, does that mean that when he rules otherwise this ballot will not be legal?
I will wait. The voting poll at my house is closed until further notice!
Posted: Thursday, October 15, 2009
Article comment by:
Prescott voter and tax payer
Corruption? No. Stupidity? Not really. Ambiguous state election laws? Most likely. Frivilous law suit by Katan and local attorney Gil Shaw who seems to make a nice living off the Prescott taxpayers? Yes. If Katan was a serious candidate, this might have some merit. But he couldn't even beat either of two incumbents in a "throw 'em out" election year. As such this is a waste of taxpayer dollars to massage his poor ego and feed Gil Shaw's bank account. We have our ballots. Our kid over seas got hers and sent it in already. What will they do with ballots that are returned. PS to Jim Lawrence: the county sends out the ballots based on state election law. The City has nothing to do with it.
Posted: Thursday, October 15, 2009
Article comment by:
Fair and Balanced
I definitely do not want Katan on the Council, BUT, if the rules state that he should be able to go through another electoral trouncing, then so be it. We do have to be fair.
Posted: Thursday, October 15, 2009
Article comment by:
MORE tax money down the drain, who cares
When someone has already lost the election once, and gains a second, borrowed chance by virtue of a "fluke," I can hardly justify $60,000 in legal fees. I suppose this is really Bob Bell's fault for being a gentleman and withdrawing for the good of the city. Maybe Katan should take a lesson from Bob Bell and think of the good of the city taxpayers.
Posted: Thursday, October 15, 2009
Article comment by:
6 names need to be on the ballot
This is actually pretty humorous. The city charter says the top 6 vote getters go on the ballot. Vote getter number 6 quits the race after the primary. You HAVE to put 6 names on the ballot that is clearly stated (twice the number of available council seats). So whose do you put #6, the guy who drops out or #7? I bet when I get my ballot there are not 6 names on it. That's clearly a violation, anyone can surmise that. Who's running this show anyway?
Posted: Thursday, October 15, 2009
Article comment by:
Speedy Gonzales
We need "A" City Manager; we don't have one now, at least one that has the brains to figure this mess out. Katan; another brick in the wall...
Posted: Thursday, October 15, 2009
Article comment by:
No name provided
We need a new City manager, that is for sure. We also need our media to actually interview the Council...I know a couple members that stated what the judge said, but were never quoted. Don't believe everything you see about that Council, they are not all bad.
Posted: Thursday, October 15, 2009
Article comment by:
Integri what?
Gotta love Prescott , slammin the city attorney , maybe you ought to look at how much he has saved this city both in court battles and with his understaffed office,also look at what he inherited when he took the job.He has done a tremendous job for this city . By the way he is accountable, its all there for you to see . Now cant say the same for council candidates running for office . But thats ok because prescott will elect them anyway .
By the way Paul, you get a permit for that bio diesel plant you walked away from , leaving the mess for someone else to clean up ?
Posted: Wednesday, October 14, 2009
Article comment by:
Earth to Paul
Of couse this isn't fault, after all he filed a worthless lawsuit so he could gather a distant 6th place finish and cost the taxpayers $60,000.That is alot of rocket fuel for he and his space cadet followers.Wonder how many miles of bike lanes one could paint for that much coin.What a joke.
Posted: Wednesday, October 14, 2009
Article comment by:
KRS
DOA: How do YOU know Katan doesn't have a "remote chance to be elected". I felt as you do, but the more I listen (do you know how to do that?) and observe, the more I think I'm going to give this guy a vote. So, kindly do not speak for me, and probably several others just like me. I admire that Katan has the courage of his convictions and that he's definitely NOT one of the good old boys.
Posted: Wednesday, October 14, 2009
Article comment by:
No name provided
GO PAUL! Time to straighten out our crooked Prescott politics.
Posted: Wednesday, October 14, 2009
Article comment by:
Rosie
Paul's lawyer/Paul dropped the ball-a request for restraining order and injuction should have been filed the date after Bob Bell withdrew-to have waited until after the ballots have been printed and 1/2 mailed out Tuesday and the rest Wednesday constitutes a waiver and standing of his claim!
Posted: Wednesday, October 14, 2009
Article comment by:
Pay up dudes, you blew it.
The ultimate resposibily rests with the city attorney and his legal eagles. Because now it went to court. Court is a person's last resort. The city is still reeling from Gary Kidd's embarrassing fiasco over the Side Road project. He bowed out of that one when the going got sticky but he got them into it and it cost us a fortune in private legal fees. I don't think this guy should be doing what he's doing. He's expensive. This isn't going to go away because the city says "but it's sooooo expensive".
Posted: Wednesday, October 14, 2009
Article comment by:
D
its not paul who is wasting 60,000, it is the city who wasted it by using unethical practices.
Posted: Wednesday, October 14, 2009
Article comment by:
Jim Lawrence
3 strikes & your out! By my count City has had at least 5. Who allowed the mailing of 12,500 ballots while Judge is deciding?
