Kent Carson, James "gil" Tisue, and Dale Pass v. Sheila Reiner, as Clerk and Recorder for the County — Eid, J…

Summary

Justice Eid, dissenting, would have held that the statutory provisions governing pre-certification ballot challenges and later challenges to wrongful acts by election officials can be harmonized. In her view, the former provides an accelerated remedy before certification, while the latter permits challenges to candidate ineligibility discovered after certification and before election day, with votes for the ineligible candidate excluded. She rejected the majority's conclusion that a late challenge would make the specific five-day deadline meaningless. Justice Eid also argued that the majority improperly converted contextual language about voting into a statutory deadline.