City could face yet another lawsuit
KINGMAN – Steve Robinson, chair of Kingman Citizens for Honesty, Accountability and Transparency, had signatures he filed with the City Monday for the recall of Vice Mayor Travis Lingenfelter returned to him on Tuesday as, according to the City, not enough signatures were collected.
Robinson said the PAC will likely file a lawsuit against the City of Kingman.
“We are putting together the case as we speak,” Robinson said. “I can almost certainly guarantee there will be a filing.”
The PAC leading the recall effort for Vice Mayor Travis Lingenfelter was originally told by the City back in October that 410 signatures were required by Feb. 25. But at the end of January, K-CHAT was informed by the City that the original number was incorrect and the appropriate calculation requires 1,946 signatures, which were still due by Monday, Feb. 25.
Robinson said he turned in 1,058 signatures Monday. For some time, the PAC believed the correct number of required signatures should have been 1,305. However, Robinson told The Daily Miner on Tuesday the original number given by the City in October, 410, is correct.
He said that 410 figure did not include votes for candidates who had withdrawn. That comes into play as the City, in justifying its figure of 1,946, uses Tellez V. Superior Court, 104 Ariz. 169.
In an email from City Attorney Carl Cooper to members of Council and staff, the attorney reiterates the City’s position that its “reliance” on Tellez is correct.
“As I have noted in the past, the court is saying that people can vote for whomever they want and for whatever reason they desire,” he said. “While it may not elect an ineligible candidate, it still counts in the process.”
“So she (City Clerk Sydney Muhle) applied the law based upon her understanding of the law before Travis Lingenfelter started telling them what they needed to do,” Robinson said.
As to why the 410 figure is correct, Robinson said that comes down to the City declaring Councilwoman SueAnn Mello Keener would sit on Council after she won her seat in the August primary.
“The 410 figure is correct because it was based upon a bona fide election,” Robinsons said. “They elected SueAnn Mello Keener and issued her a certificate of election based upon the August election. That means that was the most recent election. That is the correct number, 410.”