Rue v. Carter

919 P.2d 633, 1996 Wyo. LEXIS 110, 1996 WL 391469
CourtWyoming Supreme Court
DecidedJuly 15, 1996
Docket95-212
StatusPublished
Cited by8 cases

This text of 919 P.2d 633 (Rue v. Carter) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Rue v. Carter, 919 P.2d 633, 1996 Wyo. LEXIS 110, 1996 WL 391469 (Wyo. 1996).

Opinion

LEHMAN, Justice.

Mary Ellen Rue and Edward N. Strader filed a petition for election contest against Margaret A. Carter. The district court found no genuine issue as to any material fact in this case and granted Carter’s motion for summary judgment. Rue and Strader appeal.

We affirm.

ISSUES

Rue and Strader present the following issues for our review:

1. Did the court err in failing to order a new election in the above-referenced action?
2. Was defendant, Margaret Carter, qualified as a candidate for office at the time of the filing of her application for nomination on 31 May 1994?
*634 3. If unqualified, did her subsequent registration on 7 June 1994 cure that defect?
4. If the defect was not cured, did she properly or improperly appear on the ballot?
5. Was the certificate of election properly or improperly conferred upon her by the county clerk?
6. If the defect in her registration could not be cured and her election was improper, should she be removed from office?

Carter presents a single issue:

In an election contest commenced after the general election, is a person’s eligibility to hold office to be determined as of the date of: (1) the filing of the nominating petition, (2) the primary election, (3) the general election, or (4) taking office?

FACTS

On May 31, 1994, Carter filed her Application for Nomination by Primary for Cheyenne City Councilperson in Ward II. On her application, Carter certified she was a registered voter. On or about June 6, 1994, Carter received notice that she had been purged from the voter registration list between January and March 1993 for failure to vote in the 1992 general election. Carter reregis-tered as a voter on June 7, 1994. Subsequently, Carter’s name was placed on the ballot. Carter’s appearance on the ballot was affirmed by the Wyoming Secretary of State prior to the 1994 primary election.

Strader was one of the three candidates for councilperson in opposition to Carter. Prior to the primary election, Strader discovered that Carter had been purged from the voter list and had reregistered after the filing deadline. Strader spoke with voters concerning this issue prior to . the primary election. He also shared this information with Rue, who was an election judge for the 1994 general election.

As a result of the primary election, both Carter and Strader were nominated to appear on the general election ballot. Carter won the general election held on November 8,1994, and was sworn into office on January 3, 1995. On November 16, 1994, Rue and Strader filed a Verified Petition for Election Contest and Permanent Injunction asking the court to annul the election because of Carter’s failure to be registered on the date of filing her application. The district court granted Carter’s motion for summary judgment, and Rue and Strader now appeal.

STANDARD OF REVIEW

Summary judgment is granted to a party if there are no genuine issues of material fact and the party is entitled to judgment as a matter of law. W.R.C.P. 56; State ex rel. Bayou Liquors, Inc. v. City of Casper, 906 P.2d 1046, 1048 (Wyo.1995). A material fact is one which, if proved, would have the effect of establishing or refuting one of the essential elements of the cause of action or defense asserted by the parties. O’Donnell v. City of Casper, 696 P.2d 1278, 1285 (Wyo. 1985). We conduct our review in the light most favorable to the party opposing the motion, and we accord no deference to the district court’s decisions on issues of law. Duncan v. Town of Jackson, 903 P.2d 548, 551 (Wyo.1995). In our review we use the same factual materials and the same standards as the district court, and we may affirm the summary judgment on any' legal grounds appearing in the record. City of Casper, 906 P.2d at 1048.

DISCUSSION

The qualifications required of a municipal officer are set out in W.S. 22-23-102 (1992):

All municipal offices are nonpartisan, and municipal officers shall be qualified electors resident in the municipality and any ward established * * *.

(Emphasis added.) The definition of a qualified elector is found in W.S. 22-l-102(a)(x) (1992):

The term “qualified elector” includes every citizen of the United States who is a bona fide resident of Wyoming, has registered to vote and will be at least eighteen (18) years of age on the day of the election at which he may offer to vote * * *.

The Application for Nomination by Primary completed by Carter conformed with *635 the requirement of W.S. 22-23-802 (Cum. Supp.1995) and read as follows:

I, Margaret A. Carter, the undersigned, certify that I was born on 7/29/47, and that I have been a resident of the State of Wyoming since 1974, and that I am a registered voter of Election District No. 2, in Precinct No. 4, in Ward No. (if any) II, in the City of Cheyenne, and the State of Wyoming, do hereby petition and request that my name be printed upon the Official Municipal Primary Ballot at the next primary election as a candidate for the office of Cheyenne City Council. I hereby declare that if nominated and elected, I will qualify for the office.

(Emphasis and underscoring added.) To accept appellants’ position that one must be a registered voter at the time the application is completed would be to ignore and render as meaningless the final sentence in the application. That argument is contrary to the judicial rules of statutory interpretation that a statute should not be interpreted to render any portion of it meaningless. See e.g., Matter of ALJ, 836 P.2d 307, 310 (Wyo.1992) and Reliance Ins. Co. v. Chevron U.S.A. Inc., 713 P.2d 766, 770 (Wyo.1986).

The language of W.S. 22-17-101(a)(ii) (1992) indicates that only when a person whose election is contested is not eligible to hold the office should the election be annulled. This language is unambiguous and, therefore, the court must apply the plain meaning of the statute. See Parker Land & Cattle Co. v. Game and Fish Comm’n, 845 P.2d 1040, 1043 (Wyo.1993).

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Bluebook (online)
919 P.2d 633, 1996 Wyo. LEXIS 110, 1996 WL 391469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rue-v-carter-wyo-1996.