Federal judge rules on case regarding Peoria City Council ballot error

PHOENIX - A federal Judge has weighed in on the controversy surrounding a Peoria city council candidate whose name was left off the ballot mailed to voters -- twice.

Late Friday, Judge David Campbell ruled that none of the votes cast for the Peoria City Council will be counted whether by mail-in ballot or at any polling place.

Instead, a special election for the Peoria City Council will be held within two weeks.

Dr. Ken Krieger is running for Peoria’s Mesquite District and was left off the original ballot that was mailed out to 8,500 voters. That mistake cost taxpayer an estimated $15,000.

“I was confident and I'm thankful that the judge ruled in favor of the voters, that's what this is about. Really my campaign promises about open government, transparency and accountability, really came to the forefront," Dr.Krieger told ABC15 shortly after the ruling.

The Peoria City Council met last month and decided to mail out a third ballot to only voters in the Mesquite District, as well as open up remote polling locations.

Attorney's for Krieger said the results of a last-minute poll showed that 45 percent of voters found the situation confusing, 18.7 percent hadn't received the third ballot and that 15.8 percent were not even aware of the mistake.

Attorney's for Ben Toma, the incumbent, argued that the poll was not an official poll, and that 50 percent of voters don't vote anyway.

It was also argued that Krieger had already received a lot of media attention surrounding the ballot issue.

 

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