10/19/2009 1:41:00 PM
City of Prescott appeals election ruling
Deadline to make Nov. 3 election near
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PRESCOTT - In a Monday morning response to this past week's court order halting the Nov. 3 election, the City of Prescott has asked the Arizona Court of Appeals to take immediate action to reverse the order.
Claiming "irreparable harm," the city filed a request this morning for a stay of the ruling that Yavapai County Superior Court Judge Michael Bluff issued this past Thursday, prohibiting the city from continuing with its November general election.
The city maintains that "Without the stay, the rights of the 25,000 voters in this general election, the rights of qualifying candidates and the proponents of a citizen initiated measure, and the city will be irreparably harmed."
The case centers on the city's decision in September not to place City Council candidate Paul Katan's name on the general election ballot. Katan, the seventh-place finisher in the Sept. 1 city primary, maintained that he should have moved up and onto the ballot after fifth-place finisher Bob Bell withdrew from the race in mid-September.
Katan filed a motion against the city this past week, and Bluff ultimately ruled in his favor and issued the ruling that halted the election.
Katan's attorney Gil Shaw, who was working on his response to the city motion earlier today, maintains that it is clear that the city violated its own charter when it failed to list Katan's name on the ballot - a claim that he said Bluff twice supported, first in the initial ruling, and then in a Friday evening telephone hearing.
And Shaw disputes the city's claim that the cancellation of the election would cause irreparable harm. Basically, he says, the city's argument is, "We're too big and too important to redo a city election, (even though) we screwed up."
City officials expect a response from the Court of Appeals this afternoon - either by calling for a teleconference hearing, or by issuing a decision on whether to hear the matter.
Complicating the time issue is the fact that 5,000 of the city's 25,000 ballots are currently on hold at the Yavapai County Recorder's office because of Bluff's ruling. State law requires that all ballots be in the mail by today in order to be valid for the Nov. 3 election.
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Posted: Tuesday, October 20, 2009
Article comment by:
No name provided
Oh my gosh A New, don't you see it isn't about money, it is about a CLEAN ELECTION and from what I see, we will not know anything about cleanliness!! The City should pay the $60 grand and no other department. They messed up, didn't communicate as usual and DIDN'T DO THE RIGHT THING. Get a grip, we have some real problems in the City council, legl dept. & City Manager's office. Think about it.
Posted: Tuesday, October 20, 2009
Article comment by:
Shameful
I love how the city attorneys in their appeal are claiming to want to protect the 'right s of a citizen initiated measure' (Prop. 401) - when we all know no one at the City wants this measure to pass! They're trying to sound noble in their efforts to reverse Judge Bluff's ruling; there is no nobility at the city right now! There's not much to proud of in our 'hometown' right now - except maybe Paul and his lawyer!!
Posted: Tuesday, October 20, 2009
Article comment by:
Money is a drop in the bucket
So many people have complained about the $60,000 the new election will cost. Where were they when the city spent $40,000 for a bullet-proof window for the water collection department? I'd rather spend the money to protect the democratic process than to protect a couple of city workers from a potentially lethal water customer.
Posted: Tuesday, October 20, 2009
Article comment by:
SB
This is to "Just another yocal" saying this city needs change. We had change with the last mayor and with the last national election. How is that change working for you?
Posted: Monday, October 19, 2009
Article comment by:
Down with America?
You know, I just can't get behind all the folks that think its alright to pick and choose who gets rights and who doesn't. This is the sickness of our Country today. How about some of you that are blaming Katan for this mess get your rights as an American Citizen squashed because some doe heads in City Hall think you don't have the right and they screwed up on something so simple as just adding a name to the ballot. Come on all of you with this mob mentality, think about what you are trying to allow. The destruction of your rights because it may not be convenient for you. How come Tammy Lynn can sue the City and be praised for it but Katan can't. This kind of thinking just makes me sick to heart. Has the American way went by the way side? I say that heads should roll at City Hall for this stupid fiasco, starting with the Clerk and the entire legal department. My understanding is that the Council should have weighed in on these decisions but apparently were not informed. This really makes one wonder just who is running this show and what is their real agenda.
Posted: Monday, October 19, 2009
Article comment by:
He has a right
To no name provided who won't be voting for Mr. Katan--following proper procedures, Mr. Katan has as much right to have his name on the ballot as the other five. It's not his fault the city messed up the election. I may not like the odds, but I am certainly going to vote for him.
Posted: Monday, October 19, 2009
Article comment by:
Sick of it
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Posted: Monday, October 19, 2009
Article comment by:
To R
You can get a replacement ballot from the county or just let mine count for twice as much!
Posted: Monday, October 19, 2009
Article comment by:
R
I and my wife threw away our ballots. Wonder how may others did the same? So this election is a dead puppy no matter what the judges say!
Posted: Monday, October 19, 2009
Article comment by:
No name provided
You finished 7th, not good enough to make it to the 'run off'. Do you really like you chances now...
I wont be voting for Mr. Katan.
Posted: Monday, October 19, 2009
Article comment by:
No name provided
Let's not make this a political forum. It appears, that just like Tammy Lynn, Paul Katan is protecting OUR rights. Whether we agree or not with his views, what is right is right. The cost of freedom is often expensive.
May be the council should look at city staff and ask why didn't they get it right from the start? That is a disturbing trend!
Posted: Monday, October 19, 2009
Article comment by:
Greg
What's right is right. Let's admit the mistake that was made and do what we need to to make it right.
Posted: Monday, October 19, 2009
Article comment by:
Just another local yocal
Only 38 minutes...Give it up already and do what is right for everyone. You screwed up but please don't screw the citizens of this city or ALL the candidates!! GO PAUL!! It's obvious you have what it takes to stand up to those good ol boys and this city needs change!!
Posted: Monday, October 19, 2009
Article comment by:
A NEW start for OUR city !
Paul Katan REALLY MUST want to be ont he Council...NOT THIS WAY!
The $60,000 to do what Mr. Katan would like could go to better use.
I won't be voting for him!
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