Thomas P. Morrissey v. Logan Stan Garner

Summary

The court affirmed the injunction against the recall election because the required petition signatures had to be calculated from the votes cast in the 2018 primary, where the mayor was effectively elected, rather than from the last general election held in 2002. The court held that the constitutional reference to the last preceding general election is ambiguous as applied to a local election system in which a primary election conclusively elects a candidate, and construed the provision in light of the constitutional and statutory election framework. No separate opinions were filed.