This case presents the far less typical scenario where the claim is that the candidate is ineligible because the office itself is not properly on the ballot. Although Marendt's certification was made on August 21, no effort to review or challenge that action was made until the preliminary injunction motion of October 23, which was unsuccessful. Because the resolution of that issue ultimately turned on the merits of the issue discussed in Part I, and because we conclude the office was properly on the ballot, this is a moot point. The judgment of the trial court is affirmed. Judge Sammons does not allege that there was an error, other than the certification by Marendt, in the paperwork filed by Mr. Leach to have his name placed on the ballot.
Persons appointed to most other courts of record also serve the balance of an unexpired term.
Many of these, unlike circuit courts, are not elected offices in the first place.