Wednesday, November 26, 2014

UPDATE, #AZ02 MCSALLY/BARBER, LEGAL: Judge Takes Matter Under Advisement After Today's Hearing

(UPDATE 1:10pm: Arizona Star reporter Joe Ferguson's report on the hearing notes that Judge Jorgenson gave no indication as to when she will issue a ruling. Ferguson also notes that the McSally attorneys pointed out (for the first time) that two of the 133 voters cited in Barber's suit may have had their ballots not counted in neighboring CD3 (Grijalva vs. Saucedo Mercer), rather than the headed-for-automatic-recount #AZ02 race.)

At today's court hearing, U.S. District Court Judge Cindy Jorgenson listened to oral arguments from attorneys for Rep. Ron Barber and GOP challenger Martha McSally, with a decision likely later today.

Rep. Ron Barber's (D-CD2) campaign filed the legal action on Monday to ask the Court to order that at least 133 voters have ther ballots counted.  Their ballots were disqualified by Pima and Cochise Counties, allegedly because of errors by election workers.

GOP challenger Martha McSally currently holds a 161-vote lead, heading into a legally-mandated automatic recount.  The Secretary of State is slated to certify the vote this coming Monday, with the recount to follow.

The attorneys for Barber and McSally traded increasingly-provocative legal memoranda before the hearing. The Barber attorneys pointedly refuted one McSally argument by saying that it "might pass muster in Wonderland", and (separately) stated that their opponent's position is "...frankly offensive to the most basic principles of our democratic system of government.

In return, McSally retorted this morning, saying that "Through the hyperbole of Plaintiffs' Response...the glaring holes in Plaintiffs' case cannot be missed" and called Barber's arguments "sensational and speculative".

(h/t to Arizona Republic reporter Rebekah Sanders for post-hearing Tweet)

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