Question
Facts : Five months ago your client moved to a city in state A from a different state. She wishes to run for city council.
Facts: Five months ago your client moved to a city in state A from a different state. She wishes to run for city council. Authority: Your research reveals that the city does not have an ordinance defining residency or the requirements necessary to establish residency; nor does state A have a statute addressing the residence requirements for municipal elections. You have, however, located the following authority:
1. A 1998 state A statute which provides that a candidate for state supreme court judge must have resided in the state three years prior to the election 2. A 2000 state B statute which states that individuals running for any county or municipal office must have resided in the county or municipality for six months 3. Garcia v. Municipality of Weston. A 2001 state A court of appeals decision providing that a person running for state senate must reside within the senate district for a minimum of one year prior to the election 4. Reisin v. City. A state B supreme court decision holding that a person running for any municipal position must reside in the municipality for three months 5. American Jurisprudence Second section which provides that most states have a three-month residency requirement for the purposes of eligibility to run for municipal positions
Questions A. Which authority is primary authority and which is secondary authority?
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