Tuesday, November 13, 2012

CD2 Update: Republicans Go to Cochise County Court To Block Counting of Provisional Ballots in Latino Precincts

Posted By on Tue, Nov 13, 2012 at 1:15 PM

As Congressman Ron Barber and GOP challenger Martha McSally continue to battle for every vote in a race that Barber leads by just 512 votes, attorneys were in Cochise County court today in an effort to block the counting of provisional ballots in a predominantly Latino precinct.

Barber’s campaign manager, Jessica Floyd, said it was an effort by Team McSally to disenfranchise Cochise County voters.

"We respect the ballot counting process currently taking place and want to see it move forward,” Floyd said in statement. “The request for a temporary restraining order filed today is an active attempt by Martha McSally’s attorneys to disenfranchise voters in Cochise County. Throwing away the votes of Southern Arizonans is wrong and unacceptable.”

National Republican Congressional Committee spokesman Daniel Scarpinato emailed this statement: “We believe that every voter has the right to an election that is free of fraud and ballot tampering. Southern Arizonans expect that their will is not diluted by fraudulent ballots. We want to make sure the law is followed and the rights of legal voters are preserved.”

Attorneys Eric H. Spencer and Michael Liburdi of the Snell and Wilmer law firm claim that approximately 130 provisional ballots should not be counted because they “have been spoiled because they were not sealed, as required, when they were transported from the Castro Park, Ramsey and Hopi Precinct polling locations to the Cochise County Elections Department and Recorder’s Office.”

The lawyers have asked for a temporary restraining order to keep the Cochise County Division of Elections from counting the ballots.

But attorneys Paul F. Eckstein, Dan Barr and David Gaona of the Perkins Coie law firm, which is representing Barber, say that Judge Wallace R. Hoggatt should reject the request for a temporary restraining order because Spencer and Liburdi “simply cannot point to anything in section 16-584(D)—or any section of the election code, for that matter—which would require that provisional ballots be sealed when presented to election officials for verification.”

Additionally, Barber’s attorneys argue that “above all, the public interest does not favor casting aside 135 valid provisional ballots as a result of an invented technicality that has no basis in Arizona law.”

UPDATED: Democratic Party Executive Director Luis Heredia weighs in with a statement:

The actions of Martha McSally and her campaign to disqualify provisional ballots in a majority Latino precinct and in other parts of Congressional District 2 are both deplorable and desperate. The attempts to use temporary restraining orders in hopes of swaying this election's outcome threatens voters' rights and should be taken seriously. If this is the tone that McSally wants to set, she clearly does not know the district nor does she possess the qualities of leadership that are needed. This is a desperate campaign that seems to think the only way it can win is to cherry-pick votes.

We are still awaiting comment from Team McSally.

The legal briefs in the case:

Request for TRO: TRO.pdf

Barber response: Response.pdf

Tags: , , , , ,

Comments (24)

Showing 1-24 of 24

Add a comment

Subscribe to this thread:
Showing 1-24 of 24

Add a comment

More by Jim Nintzel

  • The Skinny

    Babeu's past continues to haunt him as he tries again to win a congressional seat, Team McSally releases poll that shows her way ahead of Democrat Matt Heinz and more tales from the Old Pueblo's political scene.
    • Sep 29, 2016
  • McCain and Kirkpatrick Split on AZ Min Wage Prop

    • Sep 23, 2016
  • The Skinny

    McCain stands firm on opposition to Supreme Court hearings—although he’d have pushed for them if he were president
    • Sep 22, 2016
  • More »

Staff Pick


In adjacent apartments that resemble broom closets with windows, three young, ambitious neighbors come together to discuss,… More

@ Live Theatre Workshop Thursdays-Saturdays, 7:30-9:30 p.m. and Sundays, 3-5 p.m. Continues through Sept. 25 5317 E. Speedway Blvd.

» More Picks

Submit an Event Listing

Popular Content

  1. Song of the Day: 'Poor Poor Pitiful Me' by Linda Ronstadt (The Range: The Tucson Weekly's Daily Dispatch)
  2. Quick Bites: Arizona's Oldest Craft Beer Turns 25 (The Range: The Tucson Weekly's Daily Dispatch)
  3. Casa Video Top 10 (The Range: The Tucson Weekly's Daily Dispatch)
  4. Quick Bites: Don’t Miss Miss Saigon’s New Late Nights (The Range: The Tucson Weekly's Daily Dispatch)
  5. Remind Me Again, Why Does Arizona Have a Teacher Shortage? (The Range: The Tucson Weekly's Daily Dispatch)

© 2016 Tucson Weekly | 7225 Mona Lisa Rd. Ste. 125, Tucson AZ 85741 | (520) 797-4384 | Powered by Foundation