A new understanding | AspenTimes.com

A new understanding

Dear Editor:Thanks to the patient explanations of our city attorney, John Worcester, I much better understand what is apparently a complicated legal situation. As explained to me, there seem to be three related, but nonetheless separate, issues.The first issue in any candidacy is to file to be on the ballot. Toni filed, with the appropriate signatures and sworn statements. Nobody challenged her qualifications – AT THAT TIME. Thus she is properly listed on the ballot.The second issue is one of seating her, if she wins, now that a challenge has been filed. That determination is made by the City Council, if she wins. Needless to say, the Council cannot act on that matter until after the election.The third issue is one of her possibly having perjured herself if she filed improperly. That is a matter for the district attorney to consider if there is sufficient evidence to that effect. (This would logically follow any decision by the council not to seat her for residency violations).With this understanding I am thus apologetic to the council for my earlier berating of them for inaction. They are simply not able to act at this time, since their decision would be one of seating her, IF she wins.It might have been better if this explanation had been offered to the public to begin with, by city officials. And it would certainly be better for all of us if the council does undertake to tighten up its residency requirements for future elections so as to avoid such a situation in the future.James DeFranciaAspen

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