John McGee wanted out of the Caldwell mayor runoff. Here’s why the clerk said no
The city of Caldwell will proceed with a runoff election for mayor, despite one candidate’s efforts to remove his name from the ballot and have his opponent declared the winner.
John McGee, who received the second-most votes in last week’s election, submitted a notice Monday to withdraw himself from the runoff, even filing a civil suit. A judge dismissed that lawsuit Tuesday and said the decision was up to the city.
Debbie Geyer, Caldwell city clerk, said Wednesday that the runoff election must proceed on Tuesday, Nov. 30, with McGee’s name still on the ballot, according to both Idaho and Caldwell code.
McGee’s lawsuit had named Geyer and Canyon County Clerk Chris Yamamoto, and sought to remove his name while declaring Jarom Wagoner the mayor. Wagoner received 46.7% of the votes in the election, which left him just short of the 50% needed to win outright. McGee got only 22.4%.
Geyer and Caldwell City Attorney Mark Hilty found that McGee’s notice to withdraw did not meet the requirement that a candidate drop from an election at least 46 days before the day of the vote.
Jason Hancock, deputy Idaho Secretary of State, said Idaho code does not provide a mechanism for people to drop out of a runoff election. Candidates can drop out 46 days before Election Day, but state law requires runoff elections to be held within 30 days of a general election. Therefore, anyone qualifying for a runoff election would not be able to drop out.
In a text message to the Statesman, McGee’s attorney, Greg Chaney, said he was “currently reviewing the (clerk’s) decision with (McGee.)“ McGee did not respond to a request for comment.
Wagoner and McGee are both former state legislators and current members of the Caldwell City Council. McGee said in his notice to withdraw that he wanted to “see the recipient of the most votes for mayor, Jarom Wagoner, certified as the winner.”
“I believe that would best reflect the will of the voters and the spirit of unity within the City of Caldwell,” McGee said.
Wagoner said he understands and respects McGee’s concerns but does not want to come into the mayor’s office with legal questions looming.
“We would all love to save taxpayer money, but the code makes it clear that there must be a runoff election,” Wagoner said by phone.
The Nov. 30 election will be held at a single polling place. Voters from all 20 Caldwell precincts will cast their vote at O’Connor Field House at 2207 Blaine St. in Caldwell. The polls will be open from 8 a.m. to 8 p.m.
People can also early vote at O’Connor Field House from Monday, Nov. 15 through Friday, Nov. 26, between 8 a.m. and 5 p.m.
Wagoner encourages all residents who voted on Election Day to come back out to vote early or vote on Nov. 30. He said he hopes to “finish strong.”
This story was originally published November 10, 2021 at 12:25 PM.
