Zolliecoffer v. Post, 371 Ark. 263

Summary

The Arkansas Supreme Court held that a circuit court lacked subject-matter jurisdiction to hear a pre-election challenge to a candidate's eligibility when the challenge was filed after the election. The court reversed and dismissed the case, explaining that post-election election contests are governed by different statutory procedures and that a challenge to eligibility could not be recast as such a contest.

Holdings

1. A statutory pre-election challenge to a candidate's eligibility must be brought before the election; a post-election petition for mandamus and declaratory judgment challenging eligibility is not authorized and does not confer subject-matter jurisdiction on the circuit court.
2. Post's petition did not constitute a statutory post-election election contest because it challenged Zolliecoffer's eligibility rather than contesting the certification of the vote or nomination in an adversarial proceeding between successful and unsuccessful candidates.
3. Subject-matter jurisdiction is never waived, may be questioned for the first time on appeal, and may be raised by the appellate court even when the parties did not raise it.

Questions Presented

1. Whether the circuit court had subject-matter jurisdiction to hear a pre-election candidate-eligibility challenge brought after the election.
2. Whether Post's petition constituted a post-election election contest under Arkansas Code Annotated section 7-5-801.
3. Whether the appellate court could raise subject-matter jurisdiction on its own initiative when neither party raised the issue.

Disposition

reversed_and_remanded