Colling files motion to dismiss case

A candidate for Grant County state’s attorney in the primary election has filed a motion to dismiss her case against five Grant County officials related to a ballot measure which asked voters to consider appointment rather than election of the county state’s attorney.
On Sept. 17, Jodi Colling filed a motion to dismiss “because she has decided to pursue alternative relief.”
Her expedited ex parte motion to dismiss without prejudice, filed in South Central Judicial District Court, states no defendant will be unduly prejudiced by the relief requested by the plaintiff and the request is not made for vexation or delay, but rather to ensure the matter is closed expeditiously and amicably. The motion states Colling consulted with the defense counsel, who does not object to the request.
On Sept. 10, Grant County Auditor/Treasurer Sara Meier sent a letter to Colling stating due to the passage of County Measure No. 1 in the primary election, the contest for Grant County state’s attorney has been removed from the 2026 November election ballot.
The county measure on the June 9 primary election ballot passed, 413-406, to allow for appointment rather than election of the county state’s attorney.
As the only candidate for state’s attorney on the June ballot, Colling gathered 741 votes during the primary election, but passage of the county measure, which would go into effect Jan. 1, 2027, means the position would be appointed.
Colling responded to the auditor’s letter on Sept. 23, asking for the county’s “legal basis and authority for being able to remove a certified nominated candidate from the General Election ballot.”
On June 29, Colling filed her original civil complaint against five Grant County officials related to the ballot measure which asked voters to consider appointment rather than election of the county state’s attorney.
Colling filed the 15-page complaint against Grant County commissioners Alton Zenker, AlRoy Hochhalter and Marty Meyer, Grant County Auditor Sara Meier and Grant County State’s Attorney Grant Walker.
On June 29, Colling also filed a motion for a temporary restraining order, seeking to restrain the Grant County defendants from “certifying, adopting and/or implementing” the ballot measure. Judge James Hill ruled July 2 to deny that motion, stating Colling had not shown a need for immediate relief.
Shortly after, Colling filed a motion for a preliminary injunction, which was also denied by a judge.