She has confirmed that she has viewed the Town Code and Town Agenda and Minutes of June 4, 2012 which caused the Voting Rights Act Department to begin a review of Quartzsite's apparent failure to submit a voting-related ordinance now known as Town Code 2.1.10 (aka Ordinance 09-15) for preclearance prior to implementation by the Town of Quartzsite.
This failure to submit appears to be cummulative by three town attorneys 1) Dan Field Town Attorney-Manager, 2009, Field is now La Paz County Administrator, 2) Pam Walsma Town Attorney, 2009-2011, Walsma has a continuing relationship doing legal services through April 2012 or longer for the Town of Quartzsite, 3) Martin Brannan, 2011 to present being Town Attorney/Prosecutor/Parliamentarian.
The Ordinance (09-15/aka Town Code 2.1.10) was a basis used to determine the eligibility of candidates for elective office in this recent 2012 election cycle (and perhaps even prior elections since 2009 when the ordinance was enacted). Mike Roth, Steve Bennett, and Jim Loyd of Quartzsite were previously refused opportunity to be on the ballot for elective office by the Town about two years ago, pre-emptively via the administrative-side of the Town (not the Council) as an earlier administrative-implementation of this Town Ordinance.
The ordinance was more publicly 'implemented' by and through the June 4, 2012 meeting of the governing body of Quartzsite, as it was mentioned in an Agenda item (3x) for the meeting as a measurement by which the Town would be "qualifying" / judging the recently elected persons for office, which did occur immediately after the Town canvassed the May 15, 2012 election in the same meeting.
Council member-elects, Workman and Orgeron, and Mayor-elect Foster were judged, after an executive session was held regarding each of them under this Town Code, and subsequently two of the three were disqualified. The motion to disqualify Foster and Orgeron were non-specific, the ACTUAL REASON was not disclosed in the motion, however, later the town manager and others have claimed Foster owed a debt and that was the basis for his not being qualified to run for office at the time he filed his candidacy for Mayor (back in the primary nomination period of Nov-Dec 2011). It was not a violation of federal law to pass the ordinance, only to implement it without "preclearance".
Department of the Voting Section
Civil Rights Division
Room 7254 - NWB
Department of Justice
950 Pennsylvania Ave., N.W.
Washington, DC 20530
Title 28: Judicial Administration
PART 51—PROCEDURES FOR THE ADMINISTRATION OF SECTION 5 OF THE VOTING RIGHTS ACT OF 1965, AS AMENDED
Subpart A—General Provisions
§ 51.13 Examples of changes.
Changes affecting voting include, but are not limited to, the following examples:
(g) Any change affecting the eligibility of persons to become or remain candidates, to obtain a position on the ballot in primary or general elections, or to become or remain holders of elective offices.