Democrat Elsner Battles Legal Hurdles in Tucson City Council Bid

A second candidate vying for the Ward 5 seat on the Tucson City Council is embroiled in a dispute regarding his nominating petitions. Jesse Lugo has initiated a lawsuit against fellow Democrat Chris Elsner, claiming that Elsner failed to collect the requisite number of valid signatures for the upcoming primary ballot on August 5.

Lugo’s legal filing in Pima County Superior Court asserts that over 60 signatures on Elsner’s petitions were from individuals not registered to vote. Additionally, he stated that eight signatures belonged to voters who had already signed Lugo’s petitions. “Under the city of Tucson’s petition requirements, these signatures do not meet the legal standards necessary for ballot qualifications,” Lugo contended. He further argued that Elsner has not submitted the minimum number of valid signatures needed to qualify for the primary ballot.

Elsner commented on the challenge, stating he learned about it on Tuesday from the Tucson City Clerk’s Office. “I’m exploring my options,” he said, expressing confidence in the validity of his signatures, which he gathered himself during door-to-door canvassing in Ward 5.

On April 7, Elsner submitted 299 signatures, surpassing the 252 valid signatures required for ballot qualification. Typically, candidates submit more than the minimum to account for any invalid signatures, which can arise from various reasons such as residents not registered to vote or individuals belonging to different political parties.

Lugo did not respond to requests for comment from the Tucson Sentinel. It is common for candidates to appoint supporters to file such challenges instead of doing so directly. The deadline for filing challenges to nominating petitions was Monday.

This legal battle follows another Ward 5 candidate, Fabian Danobeytia, who recently withdrew from the race after consulting with his attorney about facing a potential legal challenge. Danobeytia had originally submitted 258 signatures but lacked the resources to mount a court defense.

Should Elsner exit the race, Lugo would face off against Democrat Selina Barajas, a newcomer endorsed by several notable figures, including Mayor Regina Romero. Barajas has previously managed the Sunnyside Foundation’s Community Investment Fund and is gaining traction in the race.

Currently, there is no incumbent for the Ward 5 seat as Democrat Richard Fimbres chooses not to seek a fifth term. Fimbres has endorsed Lugo. No candidates from the Republican, Libertarian, or independent parties have filed to run in this ward, making the upcoming primary crucial unless a successful write-in campaign emerges. Fimbres plans to resign effective May 1, prompting the Council to discuss his replacement at an upcoming meeting.

Tucson’s city elections occur in odd-numbered years. This year, seats in wards 3 and 6 are also contested, following the recent four-year terms won by Mayor Regina Romero and Councilmembers Lane Santa Cruz, Paul Cunningham, and Nikki Lee in 2023.