CHEYENNE - The Wyoming Supreme Court has upheld a district court's ruling that a Pinedale man had to give up his seat on the town council because he was not registered to vote when he put his name on the ballot last year.

Dave Smith was elected to the Pinedale Town Council in the May 2006 municipal election.

Motel owner Robert Brito, himself a council candidate last year, challenged Smith's election in district court. Brito protested that Smith was not a registered voter at the time he filed his petition for candidacy.

District Court Judge Norman Young this spring ruled in favor of Brito. The judge annulled Smith's election and awarded Brito legal costs. Smith appealed to the state Supreme Court.

The Supreme Court ruling, written by Justice Michael Golden and released Monday, states Smith didn't discover that he wasn't a registered voter until the day of the election. Smith registered on election day and was allowed to vote. He won the most votes and was declared the winner of one of two open town council positions.

The Supreme Court ruling states that Smith wasn't legally eligible to hold municipal office because state law requires a person to be a registered voter on the day their petition of candidacy is filed.

"For the sake of all electors throughout the state, we hope in the future that other candidates will be more attentive to the requirements of petitioning for candidacy to a political office," the court ruling states.

Brito didn't gain a seat on the council as a result of his legal action. The seat went to the next-highest vote-getter.

The Supreme Court ruling upheld the district court order requiring Smith to pay Brito's legal costs but didn't specify how much those were.

Attempts to reach lawyers in the case weren't immediately successful on Tuesday.