Its not up to the city to set a legal battle in that way. I get what you're saying, but during an election, I don't believe that Nenshi is really even mayor when he's campaigning he's certainly the incumbent, but from the time the election starts til the last vote is counted he is a candidate representing his own views, not the city.
I guess and this might be silly, but if Nenshi committed election fraud during his election should the city be on the hook for his legal defense?
One of the quotes that I heard once is its not up to the city to defend democracy, its up to the city to practice democracy.
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