Enrico Figueroa, Brian Vande Krol, Joseph Holt, Mark Rule, and Melissa Wills, Plaintiffs-Appellants and Wayne W…

Summary

The court held that an unqualified candidate may nevertheless be the person legally elected when she received the most legal votes and no court had declared her ineligible before the election. Because the candidate could not qualify to take office, the election was properly voided and a vacancy declared; the opposing candidate was not legally elected merely because he was qualified and received the next-highest vote total. The court therefore affirmed the district court's judgment.