September 18, 2010 in Idaho

Closing arguments in CdA election case today

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In an unusual move, closing arguments are scheduled to begin at 9:30 a.m. today in a case challenging the outcome of the November election for Coeur d’Alene City Council.

Jim Brannon filed suit after losing the race to incumbent city Councilman Mike Kennedy by five votes. That margin was narrowed to four votes earlier this week after three votes were deemed illegal due to residency issues. Two of those votes were cast for Kennedy, one for Brannon.

During the trial, numerous votes were called into question as potentially illegal. Some were cast by members of the military living outside the area, some by former residents living in other countries and some by people proven to live outside the city.

Brannon’s attorney, Starr Kelso, attempted to have one vote declared illegal because the voter did not properly re-register after moving. However, Kennedy’s attorney, Peter Erbland, successfully argued against throwing out that vote saying that would “disenfranchise” that voter.

It’s not clear when Kootenai County 1st District Judge Charles Hosack will issue a ruling.

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