Nicole S. Hanlen, Lynn D. Ussery, James H. Joy, June Marie McNees, Kelly L. McNees, Karen Marquez, Me — Eid, J…

Summary

Justice Eid, joined by Justice Coats, dissents from the majority's conclusion that Rule 10.7.5 is void. The dissent argues that the Rule can be harmonized with the statutory partisan-election exception, remains subject to judicial review, and fills a statutory gap when an election official discovers a candidate's ineligibility after the short challenge period but before the election. The dissent further contends that invalidating the Rule risks allowing an ineligible candidate to be deemed duly elected and shifting candidate-selection authority from voters to a school board.