COEUR d'ALENE - The former City Council candidate who unsuccessfully challenged the 2009 general election is petitioning for a rehearing in light of the Idaho Supreme Court's recent decision that upheld the election.
Jim Brannon, who lost the 2009 Seat 2 election to incumbent Mike Kennedy by 3 votes, petitioned for a rehearing Tuesday on grounds that the Supreme Court erred in its decision not to toss out five votes from people living abroad despite not knowing for whom the voters voted.
It also states the court erred in tallying the correct number of absentee votes.
Brannon challenged Kennedy's then 5-vote victory after the polls closed in 2009.
Kootenai County First District Court upheld Kennedy's win in 2010, throwing out some illegal votes in the process. The ISC upheld 1st District Court's decision Nov. 16, but said the 5 abroad voters shouldn't have voted in the city election, though they couldn't be thrown out because it was unclear for whom they voted.