5 days ago
Judge tosses lawsuit over Chandler mayor's eligibility
A judge dismissed a lawsuit arguing that Chandler Mayor Kevin Hartke is ineligible to hold office due to disputed language about term limits in the city charter.
State of play: Questions emerged in May over whether Chandler's city charter permits people to serve two consecutive four-year terms as City Council members and then another two as mayor, or if they're limited to eight total years for either office.
Hartke and former Mayors Boyd Dunn and Jay Tibshraeny served two terms on council before their two mayoral terms.
Driving the news: Maricopa County Superior Court Judge David McDowell in late July dismissed a lawsuit filed by Ruth Jones, who ran against Hartke in 2022, seeking to have him removed from office.
The judge ruled the suit was a challenge to Hartke's qualifications for office, which, under state law, must be filed within 10 days of submitting nomination papers.
The judge added that lawsuits under a different statute challenging the eligibility of winning candidates must be filed within five days of an election's certification.
What's next: Voters will have a chance to settle the term limits question before next year's Chandler election.
The City Council referred Proposition 410 to the November ballot, which would amend the city charter to clarify that people can serve a total of 16 consecutive years — two terms as a councilmember and two as mayor.
Anyone who serves 16 consecutive years wouldn't be eligible to hold office again until at least four years after the end of their last term.
Prop. 410 will be on a special election ballot with several other measures.
What she's saying: Jones told Axios the ruling was an "unfortunate result" and said her lawsuit wasn't an election challenge.
"I neither seek to challenge that election or become mayor," she said, adding she hasn't decided whether to appeal.
The other side: "I'm glad to get it behind," Hartke told Axios.
The intrigue: The special election could clarify the eligibility of at least one mayoral hopeful — two-term City Councilmember Matt Orlando, who is running for Chandler's top office.
If voters approve the charter language, it would head off a potential lawsuit challenging his eligibility.
But if the measure fails, it could leave Orlando's candidacy at the mercy of the courts.
He told Axios he's confident voters will approve the change.
