Tucson Council Candidate’s Nominating Petitions Survive Legal Challenge

Democrat Chris Elsner will remain a candidate for the Tucson City Council after a lawsuit aimed at disqualifying him was dismissed. The legal challenge was brought by fellow Democrat Jesse Lugo, who is competing against Elsner and Selina Barajas in the upcoming primary for the Ward 5 seat.

Earlier this week, Lugo filed the suit, claiming that Elsner failed to secure the required 252 valid signatures on his nomination petitions. Although Elsner submitted 299 signatures, Lugo argued that over 70 were invalid, citing that they came from unregistered voters or individuals who had already signed Lugo’s own petition.

However, Pima County Superior Court Judge Greg Sakall dismissed the case on a procedural technicality. The Tucson City Attorney’s Office argued that Lugo did not properly serve legal documents to the City Clerk’s Office, which is a requirement under Arizona civil procedure rules. Lugo had submitted the lawsuit himself, violating the rules that restrict plaintiffs from serving their own civil actions.

Principal Assistant City Attorney Dennis McLaughlin stated, “Jesse brought this stuff over to us. But under Rule 4, you can’t serve your own lawsuit.” Consequently, the judge ruled in favor of the dismissal.

Despite expressing his belief that he followed the necessary legal steps, Lugo accepted the court’s decision. “I’m not going to use my campaign resources to fight City Hall,” he remarked.

Elsner, a first-time candidate, expressed relief at the ruling, emphasizing the importance of due process. “I’m glad to see the court and the city following due process and the rule of law,” he stated, noting that representing himself in court was a nerve-wracking experience.

The dismissal leaves three Democratic candidates in the Ward 5 primary: Elsner, Lugo, and Selina Barajas. A fourth candidate, Fabian Danobeytia, withdrew after being warned of a potential legal challenge to his candidacy. Danobeytia had submitted 258 valid signatures on his petitions.

With no incumbent running—Democrat Richard Fimbres is not seeking reelection—this primary is pivotal. Currently, no Republican, Libertarian, or independent candidates are vying for the seat, making the August 5 primary the likely deciding factor.

Fimbres plans to resign effective May 1, prompting the council to accept applications for his replacement, with a decision expected at the May 6 meeting. Tucson city elections take place in odd-numbered years, and this year, seats in wards 3 and 6 are also contested.

Mayor Regina Romero and Councilmembers Lane Santa Cruz, Paul Cunningham, and Nikki Lee were elected for four-year terms in 2023.