Elected member of city council filed a petition seeking to invalidate the recall petition filed against her and to cancel the special recall election scheduled by the city.
The District Court denied council member’s petition. The Supreme Court granted council member’s petition for accelerated review.
The Supreme Court held that recall petition’s allegation that council member made racially insensitive comments to candidate and subsequently lied about the incident failed to allege malfeasance or nonfeasance, the constitutional prerequisites to recall an elected municipal official, and consequently failed to lawfully trigger a special recall election.