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Federal suit filed in Barber, McSally CD2 race. Contest ballots the issue
SierraVista Herald ^ | Bill Hess

Posted on 11/25/2014 8:25:53 AM PST by SandRat

TUCSON — U.S. Rep. Ron Barber filed a federal lawsuit on Monday seeking to stop certification of the 2nd Congressional District race in Arizona as his campaign argued for including ballots that were rejected in the Nov. 4 election.

The lawsuit filed in federal court in Tucson is the latest attempt by the Tucson-area Democrat to challenge the results that had him losing to Martha McSally by 161 votes. Barber wants 133 disqualified votes to be counted before the election is certified. The results are headed for an automatic recount that will begin next week, as mandated by state law because of the razor-thin margin.

McSally has claimed victory and has attended freshman orientation for incoming members of Congress in Washington.

Three Arizona voters who say their lawful votes weren’t counted are also plaintiffs in the lawsuit.

Lea Goodwine-Cesarac, an 81-year-old retired teacher, says she moved shortly before the election and voted at the wrong polling place but was not told to go to the correct one.

“No election is perfect. We rely on volunteers to run our democracy and make it work. And they deserve our thanks, but sometimes they make mistakes,” Barber attorney Kevin Hamilton said.

Barber last week asked the board of supervisors for both Pima and Cochise counties to hold off on certifying the election results, a necessary step before the Arizona secretary of state certifies the outcome on Dec. 1.

Both boards declined to do so. In Pima County, some supervisors said it was not their role to interfere in the election in that way.

The Barber campaign has also requested that Secretary of State Ken Bennett add 156 uncounted ballots to the tally. They include the 133 votes mentioned in the federal lawsuit.

Hamilton said he hopes a judge will hear the request on Tuesday.

Last Friday the Barber campaign requested Arizona’s Secretary of State Ken Bennett to stop the state from canvassing the CD2 votes until all the disputed ballots have been count. That request had not been answered as of Monday, said attorney Kevin Hamilton.

“We want every lawful vote counted,” Hamilton said..

The failure of the supervisors in both counties to halt the canvassing is denying voters their ability to express their constitutionally protected rights, Hamilton said.

Although the Secretary of State for Arizona hasn’t yet replied to the campaign’s request, Hamilton noted there is no time to wait to see if Bennett will halt the state process and that’s why the federal court is being asked to intercede, he said.

In the federal suit, Barber’s legal team argues “Cochise County outright refused to provide voters with any opportunity to resolve supposed ‘mismatches’ after the polls closed on Election Day.”

The end result became “treating similarly-situated voters differently based simply on where they reside is anathema to a fair election,” the filing states.

Another problem is some poll workers in the two counties either did not inform voters they were at the wrong polling place but allowed the individuals to cast a provisional ballot stating the ballot would be counted — which they were not — or the poll worker did not check to see if provisional ballots had been signed.

The filing also states there are no allegations of any misconduct by elected officials, election officers or poll workers, but just errors in procedures and as such there is no belief of “willful wrongdoing.”


TOPICS: Politics/Elections; US: Arizona
KEYWORDS: democrat; gop

1 posted on 11/25/2014 8:25:53 AM PST by SandRat
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To: SandRat

Wait! A box stuffed full of Rat ballots was found in the trunk of Barber’s car! They MUST be counted in order to ensure the integrity of the vote! /sarc


2 posted on 11/25/2014 8:30:08 AM PST by Blood of Tyrants (Good Muslims, like good Nazis or good liberals, are terrible human beings.)
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To: SandRat

Even if the Rat wins in court, the House CAN and SHOULD override it and seat McSally. Whether it will, time will tell, but last night illustrates the results of kowtowing to Rat antics.


3 posted on 11/25/2014 8:41:59 AM PST by JohnBovenmyer (Obama been Liberal. Hope Change)
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To: SandRat

” Lea Goodwine-Cesarac, an 81-year-old retired teacher, says she moved shortly before the election and voted at the wrong polling place but was not told to go to the correct one. “

LOL....


4 posted on 11/25/2014 8:45:51 AM PST by stephenjohnbanker (The only people in the world who fear Obama are American citizens.)
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To: SandRat

Democrat War on Women.


5 posted on 11/25/2014 8:47:26 AM PST by kiryandil (making the jests that some FReepers aren't allowed to...)
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To: SandRat
Barber wants 133 disqualified votes to be counted before the election is certified.

...and he's volunteered to count them himself, once he finds them!


6 posted on 11/25/2014 9:18:54 AM PST by smoothsailing (Mel Kaminsky for President!!!)
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To: stephenjohnbanker

They also are claiming that a woman who was born in 1919 didn’t have her leftist vote counted. Apparently her signature changed and the election crew was suspicious.


7 posted on 11/25/2014 9:22:27 AM PST by Borax Queen
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To: Borax Queen

: )


8 posted on 11/25/2014 9:24:52 AM PST by stephenjohnbanker (The only people in the world who fear Obama are American citizens.)
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To: Borax Queen; et al

They also are claiming that a woman who was born in 1919 didn’t have her leftist vote counted. Apparently her signature changed and the election crew was suspicious.
——===008===——
Hence an argument for your ballot be attached to your tax bill and payment.......


9 posted on 11/25/2014 9:48:27 AM PST by S.O.S121.500 (Had ENOUGH Yet ? ........................ Enforce the Bill of Rights ......... It's the LAW !!!)
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To: Blood of Tyrants

They found some more when he went thru a full TSA body GROPE.


10 posted on 11/25/2014 10:53:14 AM PST by SandRat (Duty - Honor - Country! What else needs said?)
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