Court rules Downing not eligible for funds

Nicholas Valenzuela Arizona Daily Wildcat Dimitri Downing, UA Law student and candidate for Ward 3 City Councilman shakes hands with Arthur Higven and speaks with Alejandria Castillo and Joseph Higven while campaigning door-to-door yesterday afternoon. The race for the Ward 3 City Council position will be narrowed in tomorrow's primary election.

Downing said he will appeal the decision to the Arizona State Supreme Court this week.

"The Respondent trial court clearly erred as a matter of law ƒ It is undisputed that (Downing) does not meet Tucson Charter eligibility requirements for receiving matching public funds for city council candidates from the City's campaign finance system," wrote presiding appellate Judge John Pelander.

The appellate court decision overrules Judge Robert Donfeld's Aug. 8 ruling that Downing has the right to any resources available to other candidates on the ballot, despite the failing to meet the requirement of having been a registered voter in his ward for at least three years.

Downing registered to vote in Ward 3 in Sept. 18, 1994, two days short of the three-year requirement.

If the appellate court decision stands, Downing said his campaign will be short about $6,000.

"It really doesn't matter at this point because it's just a money issue," Downing said Friday. "Very few people understand that the money issue is separate. It doesn't have anything to do with being placed on the ballot and being able to run. Our campaign is still strong. We're going door to door and talking to people, running a campaign the way a campaign should be run."

Downing said he believes all equally qualified candidates should be given the same opportunity, but does not know how the Arizona State Supreme Court will rule.

"We just want government to work the wat it's supposed to work, which is to serve the people," he said.