Arizona Supreme Court holds that candidate for election who fails to comply with statutory requirements for inclusion on ballot for one position may not be included on ballot for another position.

Beth Joice applied for an unexpired two-year term on the Peoria School Board. A.R.S. § 16-314(D) requires the nomination petition of a candidate for an unexpired term to designate the expiration date of the term.  Joice’s nomination petition did not do so.  An elector filed suit over the error. 

Joice did not dispute that she did not substantially comply with the statutory requirement.  Instead, she argued that the superior court should have ordered that her name be included on the ballot for the full four-year term because candidates for the full term did not have to identify the expiration date.  In other words, she satisfied the statutory requirements for the full term.  A three-justice panel of the Arizona Supreme Court rejected that argument.  This was not a case in which the candidate’s intentions were clear and the ballot merely needed to be corrected.  To the contrary, Joice’s intentions were clear but she failed to comply with the statutory requirements.  Moreover, the Court noted at least some electors could have thought she was running for the unexpired term and the Court should not thwart those electors’ intentions.

In addition, Joice disputed that the superior court had jurisdiction over her because service of process was insufficient.  The Supreme Court rejected that portion of the appeal, as well.  The plaintiff served the candidate’s statutory agent (the Maricopa County Education Service Agency), which was required to mail the complaint to Joice and notify her by telephone.  Joice had no evidence that agent failed to provide that notice.

In sum, the Supreme Court affirmed the removal of Joice’s name from the ballot.  The Supreme Court had previously issued an order announcing its decision but explained the reasoning in a separate opinion.

Justice Timmer authored the opinion; Vice Chief Justice Pelander and Justice Berch joined.