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McClusky Out…or Is He?

So, after today’s hearing, Shaun McClusky dropped out of the race for mayor. If you need a summary of his press release: they forced me out but I screwed up. And Jeff Rogers is mean.

So it’s over, right?

Not quite. The hearing is still scheduled for tomorrow. His attorneys suggested that they may make some sort of move to have McClusky’s filing withdrawn.

Here is McClusky’s trouble. This is from ARS 16-312:

E. Except as provided in section 16-343, subsection E, a candidate may not file pursuant to this section if any of the following applies:

1. For a candidate in the general election, the candidate ran in the immediately preceding primary election and failed to be nominated to the office sought in the current election.

2. For a candidate in the general election, the candidate filed a nomination petition for the immediately preceding primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

3. For a candidate in the primary election, the candidate filed a nomination petition for the current primary election for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-322.

4. For a candidate in the general election, the candidate filed a nomination petition for nomination other than by primary for the office sought and failed to provide a sufficient number of valid petition signatures as prescribed by section 16-341.

This gets to why the move to pretend that he never filed in the first place. If he filed petitions, even bad ones, he’s ineligible to run as a write-in. It’s shaky, at best. Section 16-343 seems to allow for candidates who withdraw before a petition deadline to run as write-ins, but that deadline passed almost three weeks ago.

In summary: it’s over, not really, but yeah, it’s over.