What's Up?

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Q: Why does the town's attorney refuse to challenge the legitimate residency question of town council candidate Diana Sexton? Why won't the town attorney pursue the fact that she lives in lot 24 lower Round Valley full time and de-certify her as a candidate?

A: "ARS Section 16-351 gives a qualified elector the authority to challenge a candidate. The town is not an elector," said Town Attorney Sam Streichman. According to Streichman, the person who asked the "what's up" question, for instance, would have to challenge Sexton's candidacy by filing a lawsuit challenging her right to be on the ballot. It would probably name the town as a defendant, seeking to have the town not leave her name on the ballot. This is one of those things that the Arizona Legislature did not authorize the town to become involved in.

According to the attorney, Sexton had independently reviewed her qualifications to run, per ARS 9-232. She believes she meets the qualifications as a candidate for the Payson Town Council.

Arizona Revised Statutes may be viewed on the Web at: http://www.azleg.gov/ArizonaRevisedStatutes.asp

Call 474-5251, ext. 147, to reach Roundup's What's Up? line. Leave your question on the answering machine and we'll try to find the answer.

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