Judge tosses lawsuit over Chandler mayor's eligibility
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Chandler Mayor Kevin Hartke. Photo: Courtesy of the city of Chandler
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.
Between the lines: Hartke said the term limits issue came to his attention when he filed paperwork to run for City Council, the Arizona Republic reported.
- He told Axios he decided not to run due to the term limits issue. He's now running for the Arizona House.