Kent Carson, James "gil" Tisue, and Dale Pass v. Sheila Reiner, as Clerk and Recorder for the County of Mesa, State…

Summary

The court affirmed the denial of a pre-election petition seeking to remove a certified school-board candidate from the ballot and prevent votes for him from being counted. It held that the specific statutory procedure for challenging a candidate's qualifications within five days after certification governs over the general pre-election remedy for wrongful acts once that period has expired. Justice Eid, dissenting, would have harmonized the provisions by allowing a later challenge under the general remedy until election day, with votes for the ineligible candidate excluded.