CITY OF HUETTER v. Keene
244 P.3d 157
Idaho2010Background
- Keene and Brown were elected mayor and councilmember of Huetter, Idaho; their elector status was challenged and inquiries were sent by certified mail.
- Keene did not receive his challenge letter because it was not delivered; Brown received hers and was told she could re-register but not that it would satisfy the challenge.
- Keene and Brown were sworn into office on January 9, 2008, and their registrations were canceled on January 18, 2008 for failing to respond.
- At a February 2008 council meeting, two members refused to seat them due to invalid registrations; they re-registered on February 25, 2008.
- The district court held that Idaho Code §§ 50-601, 50-702, and 50-469 created vacancies when the registrations were canceled, and thus the positions were vacant; the appeal reversed.
- The court ultimately held there was no vacancy because they had been elected and sworn, and temporary non-qualification does not create a vacancy under Idaho law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does failure to remain a qualified elector create a vacancy? | City contends §50-469 creates a vacancy when elected fails to qualify. | Keene/Brown argue they did qualify upon taking office; non-qualification was temporary. | No vacancy; vacancy occurs only when a person fails to qualify to assume office. |
| Can temporary ineligibility during term create a vacancy under §59-901(4)? | City relied on §59-901(4) to declare a vacancy. | Temporary non-eligibility does not equal vacancy. | Vacancies under §59-901(4) not shown; no vacancy declared. |
Key Cases Cited
- Athay v. Stacey, 142 Idaho 360, 128 P.3d 897 (Idaho Supreme Court 2005) (statutory interpretation; words given plain meaning and read in context)
- White v. Young, 88 Idaho 188, 397 P.2d 756 (Idaho Supreme Court 1964) (definition of qualifying for office and timing of oath)
- State v. McDermott, 52 Idaho 602, 17 P.2d 343 (Idaho Supreme Court 1932) (residency/absences; temporary removal not abandonment of office)
- Clark v. Wonnacott, 30 Idaho 98, 162 P. 1074 (Idaho Supreme Court 1917) (incumbent remains until successor is elected and qualified)