Late-breaking news: According to Plaintiff Paul Katan, at approximately 4:45 Friday evening, the City of Prescott filed a motion for a stay in the Temporary Restraining Order/Preliminary Injunction prohibiting the City of Prescott from conducting its General Election.
Katan has sought relief in the election process, alleging that he should have been on the ballot as the candidate who garnered the 6th highest number of votes. His basis was the fact that Councilman Bob Bell, who was the candidate that obtained the 5th highest number of votes, had withdrawn from the race.
Judge Bluff's staff immediately alerted him to the filing, and his response was to set up a telephonic hearing right away, Friday evening. Participating in the telephonic conference was Judge Bluff; Gil Shaw, the attorney for Paul Katan; and Tom Lloyd, who represented the City of Prescott. Katan also was in attendance.
After hearing both sides, Judge Bluff declined to grant the City's request for a stay of his ruling. "He explained his decision by saying something to the effect of the stay wouldmake things more confusing for the voters," Katan reported.
Katan said that it is his understanding the City of Prescott will will appeal first thing Monday morning. He stated that Shaw, his attorney, will recommend that the appeal be filed with the Arizona Supreme Court to avoid an additional step in the appeals process.
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