A Surprise City Council candidate who is set to appear on the November ballot is not qualified, under state law, to run for office.

Jim Cunningham, who is challenging Councilman Roland Winters for the District 1 seat, is not registered to vote, according to the Maricopa County Recorder's Office. Under state law, all candidates must be registered voters in the state, said Matt Roberts, spokesman for the Arizona Secretary of State. "You would need to be a registered voter in Surprise at the time of filing the nomination papers," said Joseph Kanefield, a Ballard Spahr attorney based in Phoenix.

The issue first came to the attention of the city on Wednesday when Surprise resident Andy Cepon submitted an email complaint to the city clerk. The complaint stated that Cunningham was not registered to vote, and asked that his name be removed from the November ballot. It's unclear whether the names on the November ballot will change.

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