The city will ask the U.S. Court of Appeals for the Ninth Circuit for a rehearing on a decision by a three-judge panel that the city’s election system is unconstitutional.
The request, if granted by the court, would get the city a hearing with an 11-judge panel.
In a 2-1 decision, the court decided last week that the city’s election system, in use since 1930, violates the 14th Amendment, the “one-person, one-vote” protection.
The case was brought by a group of Republicans who wanted the city to change its election system to a ward-only primary and a ward-only general election.
Currently, the city uses a ward-only primary and a citywide general election.
The Tucson City Council decided in a 5-0 vote Tuesday to request a rehearing. The council’s other options included accepting the ruling or taking the case to the U.S. Supreme Court.
Council members Shirley Scott and Paul Cunningham recused themselves from the discussion and vote because they are the subjects of a new, related lawsuit filed by Republicans last week.
The two were elected by voters citywide, but lost the vote in their own wards.
Their Republican challengers, Kelly Lawton and Margaret Burkholder, are suing in Pima County Superior Court. On Twitter, Burkholder said, “I am being denied my rightful seat.”
The council also agreed to answer that lawsuit and to direct a citizens committee to work through the charter changes needed to alter the election system and suggest ballot questions.
Mayor Jonathan Rothschild said he expects to see questions on the ballot in 2016.
The council also canvassed the results of the Nov. 3 city election, making the results official.
