http://obamaballotchallenge.com/arizona-judge-grants-leave-to-amend-obama-ballot-challenge
I am not a lawyer (nor do I play one on TV), but what I get from this is that the judge dismissed the case because the plaintiff didn’t properly serve the defendant, BUT the judge is allowing the plaintiff to amend the complaint and refile, the refiling fee waived if submitted by March 1.
Can those who read legalese better than I correct me if I’m wrong? Thanks!
That sounds right, but I see a red flag. The judge was saying that elections have to follow statutory provisions. If there’s not a statutory provision that clearly spells out a requirement for Constitutional eligibility and/or a stautory definition of eligibility, the court may choose to deny the future motion if it gets filed and served properly.
I think the plaintiff is screwed.
“As noted, Plaintiff also has sought leave to file an amended complaint. Again, the amendment rules are inconsistent with the extremely shortened time frames at play in election contests.”
He doesn’t have enough time to meet the statutory deadline, especially if he is going to serve the president via certified mail.