Judge upholds city of Bettendorf in election dispute with county auditor

A Scott County judge ruled Tuesday (June 15) in favor of the city of Bettendorf over when appointees to city council and park board vacancies must stand for election.

Scott County Auditor Roxanna Moritz informed city officials earlier this year that newly appointed park board member Frank Baden should be on the ballot this fall in the November general election. The city appealed the decision to Scott County District Court arguing past practice and state statute did not require Baden to face voters until the next city election in the fall of 2011.

The dispute "turns on whether the resulting combined phrase, which implicates 'any other office that is decided by voters of Bettendorf,' should be interpreted as meaning offices for which only Bettendorf citizens vote or offices for which Bettendorf citizens also vote," District Court Judge J. Hobart Darbyshire stated in his summary judgment.

"Despite respondents' arguments to the contrary, the court agrees with petitioner that the 'next pending election,' as it is used in Iowa Chapter 69.12, is meant to imply elections for which Bettendorf citizens are the exclusive voters for an office," the order stated.

For the full court ruling, CLICK HERE.