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This morning, something happened in the La Paz County Superior Court that few expected. Mayor Elect Jose Lizarraga was determined to be "unqualified" if he failed to obtain and file a bond prior to taking office, as required by Quartzsite Town Code. This was only one of several allegations made against him by third place mayoral candidate Jennifer Jones, who contested Lizarraga's eligibility for office.
Lizarraga had not filed the required response to the contest of the August 30th mayoral election, and did not show up to court today. Contestant Jones motioned for a default judgment, but Judge Michael Burke stated the law allowed for the hearing to proceed "ex parte".
No one was present to legally represent the interests of the town, after Judge Burke had granted them intervention for relief, in the event that Lizarraga was found ineligible under the law. However, Jones argued that:
"The arguments listed in the town’s motion to intervene were based on false premise. First, election contests were not known at common law and therefore they are purely statutory and are special proceedings, not actions at law or suits in equity. Harless v. Lockwood, 85 Ariz. 97, 32 P.2d 887 (1958); Brown v. Superior Court in and for Santa Cruz County, 81 Ariz. 236, 303 P.2d 990 (1956).
This means the procedure is strictly in accordance with ARS §16-671 through 16-678. Nowhere in these statutes is there a right of intervention and the parties are limited to contestor and contestee under ARS §16-673, 16-674.B, and 16-675. The Town of Quartzsite is not a party under these statutes."
Originally posted by aboutface
reply to post by Xcathdra
It's making me wonder just how high this collusion goes. Has there been any update on the investigation of the police, or will this drag on forever until it fizzles in everyone's memory?