A challenge to the city's Nov. 3 election results was dismissed by a Pima County Superior Court judge today.
Republican candidates for city council Kelly Lawton and Margaret Burkholder filed the challenge saying the judge should throw out the Nov. 3 election results and either name them the winners or order a do-over election.
That's because the two lost in the citywide election but say they would have won if the city had been using a ward-only election. They said a recent ruling by a Ninth Circuit Court of Appeals panel of judges, which said Tucson's election system is unconstitutional, means the November election was unfair.
The city argued the election was legal and conducted correctly using the city and state laws.
In his ruling, Superior Court Judge Gus Aragon said the candidates shouldn't have waited until after the election was over to file their challenge, and he said the Ninth Circuit case is not final.
The city has until Friday to file a petition for hearing before the full Ninth Circuit panel of judges instead of a three-judge panel.
The winning candidates, Democratic incumbents Paul Cunningham and Shirley Scott, were sworn into office in an inauguration ceremony today.
