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Brannon to appeal election lawsuit decision

by Tom Hasslinger
| November 16, 2010 8:00 PM

COEUR d'ALENE - Jim Brannon is appealing his legal suit loss to the Idaho Supreme Court.

Brannon, unsuccessful challenger for seat 2 of the Coeur d'Alene ity Council, filed an appeal Monday to the state's high court, the final day before the deadline to do so.

It lists 20-plus grounds for the appeal, including whether the 1st District Court erred when it determined the city clerk could contract the county to conduct the November 2009 election, allowed abroad and military voters to legally cast ballots, as well as if it erred when Judge Charles Hosack did not disqualify himself.

Brannon lost to incumbent Mike Kennedy during the November 2009 general election by five votes. He challenged it in court on grounds that inadmissible ballots had been cast.

During a nearly yearlong trial that concluded in September, that margin was trimmed to three votes, but the court ruled in favor of Kennedy.

Brannon filed for a new trial at the district court last week. That hearing has been set for Dec. 7 before Hosack. Monday, he filed to the Supreme Court. There is no timeline on when a high court decision could be reached.

The filing also asks the Supreme Court to consider if the court erred when it established the $5,000 bond, failed to allow Brannon to amend the original complaint to include "malconduct," and whether a number of voters accused of having cast ballots but who never testified during trial were qualified to cast ballots.

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