Wednesday, May 22, 2013

READ: Pro-Arpaio's (Klayman's/Burnell Smith's) Response To Recall Arpaio's Motion To Dismiss and For Sanctions: Our Lawsuit's Not Frivolous, Your Motion Is

David Burnell Smith, former Arizona lawmaker and local counsel for the pro-Arpaio Citizens To Protect Fair Election Results ("CPFER"), filed a response to the motion filed by the Respect Arizona ("RA") defendants.  His office was kind enough to forward a copy to Arizona's Politics, and it is re-produced below.

CPFER filed suit to stop RA's petition drive to recall recently re-elected Maricopa County Sheriff Joe Arpaio.  RA has until May 30 to file more than 335,000 valid signatures to put the recall on the ballot.  CPFER claims that the recall effort is unconstitutional because it began less than six months after the Sheriff was sworn in for his sixth term.  While the Constitution is not clear whether the six month waiting period applies only to the first time that someone is elected to the office or whether it applies to each subsequent election, Arizona statutes clearly state the former.

RA filed a motion to dismiss the lawsuit, and asked for sanctions against the plaintiffs and their attorneys.  Here is CPFER's delayed response.

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