Rating:

0.0 (0 votes)

TUCSON - A Pima County Superior Court Judge has upheld a recently-passed state law that requires non-partisan, ward-only elections.

Senate Bill 1123 took effect September 30, 2009, prohibiting partisan primary elections and city-wide general elections for members of the City Council and to elect council members by ward rather a city-wide vote.

Election to the Tucson City Council is currently a two-step process. First, there is a partisan primary election by ward in which candidates for each registered political party are selected by the voters of the respective parties in the ward. The candidates from each ward are then subject to election by all the voters in the City in the general election.

The City argued the bill is an improper attempt by the State to regulate local municipal matters.

But the State argued the City's interest is trumped where the State legislates in a matter of statewide concern. And says the conduct of Tucson City Council elections is a matter of statewide concern.

Thursday's ruling by Superior Court Judge Michael Miller says local control does not trump the will of the Legislature.

Tucson City Attorney Mike Rankin said, "This is a big deal. The impact of the decision unless it is appealed or overturned, will fundamentally change how we conduct elections in Tucson."

Rankin said, "The city will then have 'ward only' elections and non-partisan elections. I will bring this up with City Council at a later date."

Republican Steve Kozachik won his city council seat by less than 2000 votes, or about 2.5 percent. Ironically he lost Ward 6, the ward he represents, by almost 19 percent. But this new ruling could make the city wide elections that put him in office, a thing of the past. Kozachik says, there is more to the story.

"If we had been running a non partisan, ward only race, we'd have run the race completely differently. We were spending a lot of time out on the far east side, solidifying the east side vote," Kozachik said.

Democrats are not so sure, confident under these new rules Kozachik would not have knocked Nina Trasoff out of her comfortable council seat.

"With all due respect to Council Member Kozachik, I think losing 2 to 1 in your ward pretty much indicates that no amount of campaigning or changing how your campaign would run would have won him that election in Ward 6," Executive Director of the Pima County Democratic Party, Adam Kinsey, said.

When it comes to the ruling itself, both sides agree on one thing and Ward 3 Council Member Karin Uhlich put it plainly.

"I just wish the legislature would invest its energy rather than trying to overreach and overrule the voters of Tucson. It would be awfully nice to see them fulfilling their primary duties including balancing the budget," Uhilch said.

The City of Tucson can appeal today's ruling but council members note it may come with some additional costs.