(The Center Square) – Only a day after residents filed a lawsuit questioning his eligibility, Spokane City Council candidate Alejandro Barrientos said Tuesday night that the plaintiffs are dismissing the case.
Three individuals filed a lawsuit against Barrientos on Monday after Range Media published a story last week questioning his eligibility to represent District 2. The city charter requires him to live there for at least a year before filing for office, but several people told the outlet that Barrientos was on the move.
Former Councilmember Lili Navarrete, who held that seat in District 2 until resigning on June 30, and Councilmember Paul Dillon both claimed Barrientos might have been living downtown over the last year.
The candidate was going through a divorce and denied the accusations when pressed by Range Media, as did his ex-wife. The story concluded by explaining that if someone files a lawsuit and a judge rules against Barrientos before ballots are counted, Spokane County will not count votes for the candidate.
“This last-minute lawsuit was a frivolous and politically motivated attack. It is explicitly prohibited by the very state law cited in the complaint itself,” Barrientos wrote in a press release late Tuesday night, “which is why [the plaintiffs’] counsel was forced to tell us moments ago that he is dismissing the case.”
However, the case isn’t dismissed yet. Technically, the plaintiffs filed their complaint under the wrong law. That statute pertains to the primary election, which occurred in August, not the Nov. 4 general election.
Several media outlets reported on the lawsuit earlier this week, noting that a judge must rule on the case by Monday, the day before the election. That may no longer be the case after the plaintiffs’ attorneys realized their mistake and filed an amended lawsuit on Tuesday, striking their original complaint.
The new complaint cites the correct statute this time, but the timing means the plaintiffs may not get a hearing until after the election. That means the county will count Barrientos’ votes, but a judge could still rule against him after the results are announced, forcing the city council to appoint a replacement.
Barrientos maintains that he only slept outside of the district a few days at a time due to the divorce.
The Center Square contacted the plaintiffs’ counsel but did not receive a call back before publishing.
“This action challenges the eligibility of Alejandro Barrientos to seek election to the Spokane City Council seat for District 2, and therefore challenges an official certification of the general elections ballot if he prevails,” according to the plaintiffs’ amended petition filed on Oct. 28.
