Section Three and State Quo Warranto Actions

Today the Arizona Supreme Court issued an order affirming the dismissal of Section Three challenges brought against two Congressmen and against one state representative, Mark Finchem, who is running for Secretary of State. The Court held that the state law does not permit Section Three challenges against candidates. This point is just stated as a conclusion and is not well-reasoned, but that's the final word on state election law.

This may not end the dispute about Mr. Finchem's eligibility to serve. If Finchem wins the primary and is then elected in November, his eligibility to serve in office may be challenged in a state quo warranto action next year. The candidate eligibility statute does not apply to a state quo warranto action.