Nicole S. Hanlen, Lynn D. Ussery, James H. Joy, June Marie McNees, Kelly L. McNees, Karen Marquez, Meagan Gabaldon…

Summary

The court affirmed the order invalidating Election Rule 10.7.5, which allowed election officials to disregard votes for a certified candidate later deemed unqualified. It held that the rule conflicted with statutory provisions requiring certain votes for disqualified partisan candidates to be counted and improperly transferred judicial authority over candidate eligibility to election officials. Justice Eid, joined by Justice Coats, dissented, arguing that the rule filled a statutory gap and remained subject to judicial review.