In uncharacteristically blunt language, attorneys for Rep. Ron Barber's (D-CD2) blasted responses and the Motion to Dismiss filed by GOP challenger Martha McSally's legal team earlier Tuesday. Barber's Reply defending its request for a Temporary Restraining Order (filed Monday) claimed that the McSally argument "offer(ed) little more than broad brush platitudes, inapposite and outdated authority, and callous disregard for the rights of Arizonan voters"
Barber's attorneys (Dan Barr/Kevin Hamilton from Perkins Coie) claim that McSally's argument stands for "the startling proposition that voters have no legal recourse even when they have been denied their fundamental right to vote in an irrational, arbitrary, unlawful, or even unconstitutional
fashion. According to Intervenors, these Arizonans must suffer their disenfranchisement
silently."
The initial hearing on Barber's attempts to rescue the ballots of 133 voters is scheduled for 11am, Wednesday.
McSally currently leads Barber by 161 votes. An automatic recount will take place in December*
* Unless this somewhat-unlikely sequence of events occurs: Court counts the Barber 133, any similarly-situated voters found by McSally's campaign, and the tally ends up favoring one candidate by more than 200.
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