Hancock v. Bisnar

132 P.3d 283, 212 Ariz. 344, 476 Ariz. Adv. Rep. 37, 2006 Ariz. LEXIS 44
CourtArizona Supreme Court
DecidedApril 21, 2006
DocketCV-05-0381-AP/EL
StatusPublished
Cited by11 cases

This text of 132 P.3d 283 (Hancock v. Bisnar) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hancock v. Bisnar, 132 P.3d 283, 212 Ariz. 344, 476 Ariz. Adv. Rep. 37, 2006 Ariz. LEXIS 44 (Ark. 2006).

Opinion

OPINION

HURWITZ, Justice.

¶ 1 This is an election contest challenging the qualifications of three individuals elected as directors of the Mohave Valley Irrigation and Drainage District (“MVIDD” or “District”) in a recall election. We hold that the challenged directors are not qualified to serve under the statutes governing irrigation districts.

I.

¶ 2 MVIDD is a political subdivision of the state and a municipal corporation. See Ariz. Const. art. 13, § 7; Ariz.Rev.Stat. (“A.R.S.”) § 48-2901 (2005). The District contains 21,-648 acres of land, of which 3273 are agricultural. At the time of the trial in this matter, 563 landowners had registered to vote in the District, only four of whom were agricultural landowners. Agricultural landowners use eighty-four percent of the water in the District and a combination of municipal, industrial, and domestic users consume the re *346 mainder. All landowners in the District are subject to annual assessments of $1.33 per acre.

113 The District is composed of three divisions and is governed by a board of directors, with one director elected from each division. A.R.S. § 48-3011(A) (2005). District directors must be “qualified electors of the division of the district from which they are elected.” A.R.S. § 48-3011(B). MVIDD elections are conducted through a “personal and individual” (one elector, one vote) voting system, see A.R.S. §§ 48-3015 (2005), -3018 (2005), as opposed to a “per acre” voting system, see A.R.S. §§ 48-3041 (2005), -3043 (2005).

¶ 4 A director is subject to recall under the laws governing recall of county officers, A.R.S. § 16-674 (1996), “by the vote of a majority of the qualified electors of the division which he represents,” A.R.S. § 48-3024 (2005). Recall petitions were filed with respect to the three incumbent directors of MVIDD, and the District held a recall election on September 13, 2005. Because three other individuals received the most votes, the incumbent directors were each recalled. The Mohave County Board of Supervisors approved the canvass of the election on October 3, 2005.

¶ 5 Four days later, one of the ousted directors and an elector (“Contestants”) filed this election contest, arguing that the newly-elected directors (“Electees”) are not eligible to serve because they do not own agricultural land in the District and therefore are not qualified electors under the rule in Post v. Wright, 37 Ariz. 105, 289 P. 979 (1930). 1 In response, the Electees challenged the sufficiency of the Contestants’ statement of contest and argued that Post was wrongly decided and should be overruled.

¶ 6 The superior court rejected the Electees’ challenges to the statement of contest. On the merits, the court held that it was bound by Post and that the Electees therefore were not qualified electors because they are not agricultural landowners. Because the Electees were not qualified electors, the superior court held that they were ineligible to serve as directors of the District. The court ordered “that the incumbent directors shall remain in office until their successors are appointed and qualify.” 2

¶ 7 The Electees timely appealed. We have jurisdiction pursuant to Article 6, Section 5(3) of the Arizona Constitution and A.R.S. § 12-210KB) (2003). 3

II.

If 8 The Electees argue that the Contestants failed to plead jurisdictional facts necessary to maintain an election contest. Because these arguments, if correct, would dispose of the appeal, we address them first.

A.

¶ 9 The statutes governing irrigation districts permit districts to be subdivided into divisions, A.R.S. § 48-2913(B) (2005), and require that “[djirectors representing a division shall be qualified electors of the division ... from which they are elected,” A.R.S. § 48-3011(B). The Electees first assert that the statement of contest and its supporting affidavits are insufficient because they do not allege in which MVIDD division the Contestants are qualified electors.

*347 ¶ 10 Proceedings to recall the directors of an irrigation district “shall be in all respects as provided by the constitution and laws of the state for the recall of county officers.” A.R.S. § 48-3024. Contests of county elections, in turn, are made “on the same grounds and in the same manner as contests of election to a state office.” A.R.S. § 16-674(A). Section 16-673(A) (1996), which governs the requirements for a statement of contest for state elections, is thus the relevant statute. 4 Under that provision, a valid statement of contest requires:

[A] statement in writing setting forth:

1. The name and residence of the party contesting the election, and that he is an elector of the state and county in which he resides.
2. The name of the person whose right to the office is contested, or the title of the measure, or constitutional amendment, or other proposition as it appeared upon the official ballot.
3. The office the election to which is contested.
4. The particular grounds of the contest.

A.R.S. § 16-673(A).

¶ 11 Section 16-673(A)(1) requires only an allegation that the contestant is “an elector of the state and county in which he resides.” This Court interpreted the predecessor to this statute in the context of a local election in Kitt v. Holbert, 30 Ariz. 397, 248 P. 25 (1926) (addressing Arizona Code ¶ 3061 (1913)). Kitt involved challenges to the election of two Tucson city councilmen, and held that under the statute, “the right of contest of any election is granted to any elector of the particular political subdivision

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Bluebook (online)
132 P.3d 283, 212 Ariz. 344, 476 Ariz. Adv. Rep. 37, 2006 Ariz. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hancock-v-bisnar-ariz-2006.