Omaha Public Radio News
3:09 pm
Thu December 23, 2010

Judge dismisses recall election court challenge

Omaha, NE – A recall election of Omaha Mayor Jim Suttle will happen.

Douglas County District Court Judge Peter Bataillon Thursday dismissed Mayor Suttle's court challenge. Suttle's attorney, Vince Powers, argued there was fraud and misrepresentation on the part of recall petition circulators.

Judge Bataillon ruled that the Douglas County Election Commission handled the petition verification process correctly, and that a Mayor Suttle Recall Committee consultant who testified was credible. He also ruled that testimony given by witnesses who said they never signed the petition was inconsistent.

Jeremy Aspen is spokesman for the Mayor Suttle Recall Committee. He says while they're pleased with the ruling, the group is also concerned that the court fight could have a chilling effect on future recall efforts.

Powers says he doesn't plan to appeal the ruling. The Omaha City Council earlier this week set a recall election date for January 25th. Mayor Suttle issued a statement Tuesday saying he's prepared to face the voters in a recall election.