Quartzsite residents who thought they voted in new municipal leadership found out otherwise last week when the Town Council decided not to seat Mayor-elect Ed Foster and Councilman-elect Mark Orgeron, claiming the two men are not eligible to hold office.

Incumbents contend that Foster, a former mayor who leads the opposing political faction, is ineligible because of an unpaid debt to the town. They refused to let Orgeron take office because they do not consider him to be a town resident.

"I served in the military, and this is not the America that I raised my right hand and swore to defend," said Foster, who garnered 56 percent of the vote to easily defeat opponent Jerry Lukkasson.

Foster said he filed papers asking La Paz County Attorney Sam Vederman to file a writ under an obscure state law that allows a court to remove usurpers from public office and seat a legitimate candidate.

Orgeron said he has hired an attorney and filed a legal action, but he declined to provide details.

Vederman said Monday that he is studying options and should make a decision "soon." Meanwhile, he said, the situation in Quartzsite is volatile enough that he worries about violence.

"We're exploring the entire situation," Vederman added. "A lot of people are concerned there could be violations (of Arizona law). I just want everyone to remain calm."

The election hullabaloo is just the latest political clash in the dusty desert town along Interstate 10, the freeway to California. Years of feuding have resulted in numerous criminal and civil investigations.

Foster and about a dozen other critics of the establishment who have been jailed repeatedly say they are victims of false arrest and civil-rights violations. A town attorney was replaced last year after he refused to prosecute cases that he described as politically motivated.

Most of the town's police officers were fired in 2011 after they accused Chief Jeffrey Gilbert of abusing his authority. Their complaint was referred by state police investigators to the Attorney General's Office, which censured the Town Council for violating public-meeting laws.

The state ombudsman reprimanded the town for violating Arizona's Public Records Law. State Bar complaints have been lodged against the new town attorney. Foster said he was interviewed recently by FBI agents investigating public officials.

Vice Mayor Barbara Cowell, who placed third in the election and would have been replaced by Orgeron, said she and other incumbents are fighting against disruptive newcomers.

"All we're trying to do is protect the people of Quartzsite," she said.

Jose Lizarraga, who was to be replaced as mayor but remains in office, did not respond to interview requests. According to town records, Lizarraga opposed the council's decision to disqualify Foster and Orgeron.

Minutes from last week's meeting indicate the council's vote took place after a closed-door discussion, and no public explanation was given for the board's decision.

In an interview, however, Cowell said Foster was disqualified because he failed to pay court-ordered attorney fees from a lawsuit he lost against the town.

Several years ago, Quartzsite adopted an ordinance banning municipal debtors from office. Foster and others contend the ordinance violates the rights of voters as well as candidates.

Ken Strobeck, executive director of the League of Arizona Cities and Towns, declined to comment on the legal question but said he knows of no other municipality in the state with a similar candidate code.

Tim Casey, a Phoenix attorney who practices election law, said that, under Quartzsite's ordinance, a resident could not hold office if he or she had an unpaid traffic ticket or was contesting a municipal fee.

"I would think there would be a number of constitutional problems with that," Casey said. "It would seem to be an impermissible limitation on public service and a violation of the will of voters."

Cowell said Orgeron was not seated because council members do not believe his legal residence is in Quartzsite. Orgeron teaches in the community and stays there five days each week, but he has a home in Yuma and was registered to vote there in the past year.

Orgeron said he has lived in Quartzsite since 2009 and considers it his residence.

"I believe the current Town Council and city government have stifled the voters," he said. "We need to turn that town back over to the people."

Casey said that residency questions hinge largely on subjective intent and that challenges from political rivals should be viewed skeptically: "You have to be careful about using these things to exclude people who you don't see as desirable."

Rob Dalager, another attorney experienced in election law, said it is unlikely that a judge would disqualify Orgeron based on an issue that was not even raised before the election.

"Courts like to give pretty good deference to the voters," he noted.

The U.S. Census Bureau puts Quartzsite's population at about 3,500, with a median age of 67.

But actual numbers fluctuate wildly from a few thousand people who brave the summer heat to about 1 million visitors during winter months when snowbirds are drawn to gem shows, craft events and swap meets.

The political furor is complicated by allegations of election fraud in a mayoral vote that tallied just 706 ballots.

Town Manager Alex Taft announced during this week's council meeting that 168 votes are under investigation.

Cowell said she and other incumbents believe "something is not right" because about 300 new voters registered before the election, including some staying on federal lands.

"We have proof that there were (three) people who were dead who voted," she added.

Cowell was unable to identify the investigator hired by the town or give details on how the person was selected or how much he or she is being paid.

"I'm not privy to that. It's not my business," she said.

Cowell said she understands that Quartzsite's code banning municipal debtors from office may be challenged in court.

"If it finds out we are wrong, then we'll seat him," she said. "From my heart, I know we have not done anything illegal."

Likewise, Cowell said, she will be replaced on the council if a judge rules that Orgeron resides in Quartzsite. However, she noted, "I am still in that position right now."