Arizona: Judge tosses key campaign finance law | The Arizona Republic

What started as a Fountain Hills woman’s attempt to protest a local bond issue could lead to the demise of Arizona’s oversight of campaign finances. A federal judge has tossed out the key component of the state’s campaign-finance law, opening the prospect of future elections in which there is no disclosure of who is raising and spending money to influence voters. The state Attorney General’s Office said Monday that it plans to seek a stay of U.S. District Judge James Teilborg’s ruling while state officials contemplate an appeal. Teilborg on Friday ruled that Arizona’s definition of a political committee is unconstitutional because it is vague and overly broad. The definition, which runs 183 words, has resulted in conflicting interpretations from various attorneys and election regulators.

Arizona: Groups no longer required to disclose money sources to Secretary of State’s Office | Arizona Capitol Times

A federal judge late Friday voided state laws requiring groups to register before spending money on campaigns – and with it, the reports they’re supposed to file on who is behind all that cash. Judge James Teilborg accepted arguments by challengers that the statute dictating who must register is “vague, overbroad, and consequently unconstitutional in violation of the First Amendment.” Teilborg said that means it cannot be enforced.
Deputy Secretary of State Jim Drake said his office will ask Teilborg to delay the effect of the ruling to provide a chance for an appeal. If nothing else, Drake said his office needs time to figure out how badly this undermines years of laws designed to give the public a better idea of who is contributing to political campaigns. But Drake said he’s not optimistic. “It does kind of turn campaign finance on its head,” he said. At the very least, Drake said Teilborg’s order eliminates the requirements for disclosure of funding by groups pushing or opposing ballot measures. It is not unusual for these campaigns to cost millions of dollars. But attorney Paul Avelar of the Institute for Justice said he reads the ruling to apply to all the independent groups pushing to elect or defeat candidates.

Arizona: Registration rule for political groups ruled too vague | Arizona Daily Star

A federal judge has voided state laws requiring groups to register before spending money on campaigns — and with it, the reports they’re supposed to file on who is behind all that cash. Judge James Teilborg accepted arguments by challengers that the statute dictating who must register is “vague, overbroad, and consequently unconstitutional in violation of the First Amendment.” Teilborg said that means it cannot be enforced. Deputy Secretary of State Jim Drake said his office will ask Teilborg to delay the effect of the ruling, made late Friday, to provide a chance for an appeal. If nothing else, Drake said his office needs time to figure out how badly this undermines years of laws designed to give the public a better idea of who is contributing to political campaigns. But Drake said he’s not optimistic. “It does kind of turn campaign finance on its head,” he said.

Arizona: Upset possible in McSally-Barber recount | The Arizona Republic

Republican Martha McSally is almost ensured of victory in the still undecided race with U.S. Rep. Ron Barber, D-Ariz., experts say, but a few scenarios still give him a chance at keeping the seat. Officials begin today recounting ballots in southern Arizona’s 2nd Congressional District. Results are expected Dec. 16. McSally’s 161-vote lead, out of more than 219,000 cast, is so narrow that there are ways for Barber to win. And the cost to continue the fight in court would be relatively small for an election in which both sides have spent $20 million combined. “Recounts almost never change the result. … But being this close, it’s almost certain there will be a (lawsuit contesting it),” said Tom Irvine, a Phoenix election attorney. The most likely scenario: Barber sues because the recount differs from the general-election tally. Another possibility is his team finds election misconduct or other grounds to question the results. The most unlikely yet still possible option: Exploit a vague part of the U.S. Constitution to ask for a vote in the House of Representatives to decide which candidate is most qualified to serve — essentially beg Republican House Speaker John Boehner for mercy.

Arizona: No end to 2014 election as House recount begins in Arizona | Los Angeles Times

Yes, this is the campaign season that just won’t end. On Saturday, voters in Louisiana will gather, a month after most states voted, for a runoff for a U.S. Senate seat and some House races. But even then, it’s not over. Election officials in Arizona this week cranked up the machinery for a recount of one particularly close House seat that has Republican challenger Martha McSally 161 votes ahead of Democratic incumbent Ron Barber. The recount in the 2nd Congressional District race was required because the margin was fewer than 200 votes out of nearly 120,000 cast. Barber won the seat in the aftermath of tragedy. He was an aide to Rep. Gabrielle Giffords in January 2011 when she was shot in the head in an assassination attempt. Barber was one of 12 people injured by gunfire that day. After his recovery and Giffords’ resignation, Barber won the seat in a June 2012 special election. In the 2012 general election, when he narrowly defeated McSally, Barber benefited from a heavily Democratic electorate; this year, he was fighting a Republican surge.

Arizona: Giffords’ House seat heads to recount as GOP lead dwindles | CNN

Republicans hoping to secure yet another House victory in their already substantial majority won in the 2014 midterm election are on edge as GOP candidate Martha McSally’s lead over incumbent Rep. Ron Barber has dwindled down to a mere 161 votes, a margin small enough to trigger an automatic recount. This will be the state’s first-ever congressional recount. Emerging from election night, McSally led Barber by a mere 36 votes. But technical difficulties later triggered a recount for early votes in Cochise County — a predominantly Republican area — that gave McSally a slightly greater lead.

Arizona: High court won’t halt 2nd District recount | Associated Press

The Arizona Supreme Court on Tuesday refused to halt a recount in southern Arizona’s 2nd Congressional District race between Democratic incumbent Ron Barber and Republican challenger Martha McSally. The high court dismissed a special-action lawsuit filed by a group of voters challenging the state’s plan to use the same computer program it used in the regular ballot count. The justices said in a brief order that the voters could continue to try to challenge the recount rules in Superior Court. “I’m really disappointed,” said Tucson attorney Bill Risner, who filed suit on behalf of seven voters in Cochise and Pima counties and isn’t affiliated with either campaign. “Our courts in general, there’s a real hostility to democracy and getting involved in election stuff. This is a simple case, it’s highly important and they’re making a real mistake in terms of their job of not taking this case.” Risner said he was considering whether to start the case over in the lower court.

Arizona: Recount set to begin in Barber-McSally race | The Arizona Republic

The state’s first-ever congressional recount begins this week in the nail-biter race between Republican Martha McSally and U.S. Rep. Ron Barber, D-Ariz. McSally leads by 161 votes out of more than 219,000 cast in southern Arizona’s 2nd Congressional District, a margin so narrow it will trigger the recount once Secretary of State Ken Bennett certifies the canvass. He is scheduled to do so Monday. Barber sought to cut into McSally’s lead ahead of the recount by challenging election officials’ rejection of 133 ballots in Pima and Cochise counties. But on Thanksgiving Day, a Tucson federal judge denied the campaign’s request to count the ballots, a development that one expert says bolsters McSally’s likelihood of victory.

Arizona: Despite progress in Arizona, early ballots again delay vote count | The Arizona Republic

Despite Arizona’s progress in lowering the number of provisional ballots cast in the recent general election, results in several legislative and congressional races were again delayed because voters continue to drop off their early ballots at the polls. The number of early ballots left to count after this year’s Election Day dropped 38 percent compared with 2012. Experts and election officials attributed the decline to this year’s decreased turnout. The number of provisional ballots cast statewide, however, dropped by more than 60 percent compared with 2012, when Arizona was embarrassed on the national stage as record numbers of provisional and early ballots went uncounted for two weeks after the polls closed, leaving key races hanging in the balance. Election officials said there were fewer provisional ballots cast this year due to voter-education efforts by the state and Maricopa County, the county’s use of easier-to-notice yellow early ballots, and its new electronic poll books that helped lessen the number of provisional ballots cast in the wrong polling places.

Arizona: Barber loses lawsuit ahead of recount | The Hill

The campaign for Rep. Ron Barber (D-Ariz.) lost a lawsuit it filed just days ago with a federal district court seeking to force two counties in Arizona to include the 133 ballots the campaign says were legally cast but have been erroneously disqualified. Cindy Jorgenson, a U.S. district court judge in Tucson, notified the Barber campaign of her ruling on Thanksgiving Day. “While we are disappointed in the court’s decision, we remain committed to ensuring that Southern Arizonans are able to trust the integrity of this election, and we thank the voters who not only took the time to vote in this election, but who came forward to ask that their voices be heard,” Barber campaign manager Kyle Quinn-Quesada said in a statement.

Arizona: Team Barber Gets Its Day in Court: Will Disqualified Ballots Get Back Into the Mix? | Tucson Weekly

Kevin Fink wants his vote counted. He dropped off his early ballot at a polling station on Election Day, just like plenty of other folks. But his ballot was disqualified because his modern-day signature didn’t match the one he put on a voter-registration card he filled out some dozen years ago. He remembers he got word from the Pima County Recorder’s Office: He had a day to get back to them or his vote wouldn’t be counted. He called a hotline number and left a message, but no one called him back. And then the deadline passed and his vote was tossed out. Fink is a partner and chef at the award-winning Zona 78, and while he’d love to say that the restaurant gets it right 100 percent of the time, he knows that mistakes get made. But given that the state is going to recount the ballots early next month, he wants to see his vote included in the mix. “I realize there are going to be problems, but when it’s so close like this, I thought it was really important to be able to sway the political situation here in Arizona,” Fink said. “The number one thing I hear from my generation is that it doesn’t really matter if you vote.”

Arizona: Barber-McSally ballot flight unleashes flood of records requests | Arizona Daily Star

The fight to count some, if not all, of the 479 rejected provisional ballots cast in Congressional District 2 continues here in Pima County, with all indications it is headed for the courtroom. Legal teams representing the Ron Barber and Martha McSally campaigns have flooded the Pima County Recorder’s Office, making more than two dozen requests for public documents. Attorneys are also calling those who cast provisional ballots, asking them to offer up their stories that led to their ballots being rejected, and to sign declarations, likely to be used in future legal proceedings. Both campaigns have refused to discuss their legal strategies. But the requests seem to have set the stage that both sides are at least preparing to file legal challenges in Pima County. The requests have created a near constant din in County Recorder F. Ann Rodriguez’s offices as her staff moves boxes, shuffles paperwork and feeds copiers to comply with the mounting requests.

Arizona: Barber sues to count 133 votes in McSally race | The Arizona Republic

Democratic U.S. Rep. Ron Barber filed suit in U.S. District Court Monday, seeking to count the ballots of 133 voters his campaign contends were disenfranchised in the congressional race against Republican Martha McSally. McSally has a razor-thin lead of 161 votes, out of more than 219,000 cast in the 2nd District race. A recount is scheduled for after Dec. 1, but it will be delayed if Barber’s legal challenge is heard by the courts. The lawsuit seeks a temporary restraining order and a preliminary injunction to stop the state from certifying the results of the election on Dec. 1, less than a week away. Rodd McLeod, a campaign consultant for Barber, said a time or place for the hearing has not been set. Pima and Cochise counties last week rejected calls from the Barber campaign to delay certifying votes in those counties and examine disputed ballots. Arizona Secretary of State Ken Bennett and the Pima and Cochise boards of supervisors are named in the suit, along with “all those acting in concert with them or under their direction.”

Arizona: Election watchdogs concerned about CD2 recount protocols | Arizona Daily Star

The Pima County Election Integrity Commission is concerned that state law might complicate the expected recount in Congressional District 2 next month. The commission fears complexities in the recount law could force Pima and Cochise counties to recount all 220,000 votes in the CD2 race by hand, although Secretary of State’s Office spokesman Matt Roberts said there are easier ways to comply with the law. A portion of the state’s election law requires that the ballot tabulating program used for the recount “differ” from the initial vote counting system. But the law is vague on what exact changes need to be made. Commissioner Bill Beard said the commission, which advises the Pima County Board of Supervisors, is in virgin territory in terms of the state’s first general election congressional recount. He said that while the commission is not making any recommendations, it is important that the supervisors be aware of the state law. Possible alternatives could include a recount by hand, Beard said. But Roberts said the law won’t require new machines or an army of election officials.

Arizona: Barber team open to legal challenge as recount looms | CNN

An attorney for Rep. Ron Barber (D-Ariz.) is raising the prospect of a long, drawn-out battle over control of his Tucson-area district, a seat once held by his former boss Gabby Giffords, as his contest with Republican Martha McSally looks increasingly likely to head to a recount. Kevin Hamilton, Barber’s legal counsel, said Wednesday that the campaign isn’t taking “anything off the table” in potentially challenging the outcome of the race when it’s certified next month. “There are lots of potential options. There is the ability to file an election contest under state law. There’s a recount that goes forward, and as we’ve seen in other states that can affect the outcome of the election,” he said. “There’s a range of options and we’re not taking anything off the table.”

Arizona: Barber’s bid to delay vote canvass rejected | Arizona Republic

Lawyers for U.S. Rep. Ron Barber asked Pima County on Tuesday to delay finalizing the canvass of the Nov. 4 election, with the campaign saying it had sworn statements from 132 voters that they were disenfranchised by poll-worker errors. Pima County rejected the request and finalized the canvass of votes at midday Tuesday. Barber, a Democrat, is locked in one of the closest elections in Arizona history with Republican challenger Martha McSally, whose lead in the race is a minuscule 161 votes out of more than 219,000 cast. If nothing changes, the race will head to Arizona’s first-ever general-election recount for Congress. A recount will not start before Dec. 1.

Arizona: US justices could toss legislative maps in Arizona | Arizona Daily Star

The fact that politics may have been involved in drawing new legislative district lines is no reason to declare them illegal, the attorney for the Independent Redistricting Commission told the U.S. Supreme Court. In legal arguments to the court, Mary O’Grady does not dispute that two federal judges found that some of the commissioners altered the boundaries of at least one district to make it more politically competitive, a move that would give Democratic candidates a better chance of getting elected. And O’Grady conceded the final map for the 30 districts had a population differential of 8.8 percent between the largest and smallest, despite requirements for equal population. But she said the full commission approved the plan not out of partisan motives but because the panel believed it would provide the best chance of complying with the federal Voting Rights Act. That law generally prohibits political changes that dilute minority voting strength. And that, she told the justices, justifies the changes, as well as the population differential. The effort by challengers to void the map is more than a debate about legal niceties.

Arizona: Barber-McSally: Arizona’s First Congressional Recount | Arizona Public Media

The election in Arizona’s 2nd Congressional District will give the state its first congressional recount ever. The recount coming in less than a month will decide if Democratic incumbent Ron Barber loses his seat in Congress, where he represents Tucson and Cochise County. His campaign said the recount is critical because of the potential for human error in ballot counting. But Michael O’Neil, a political pollster in Tempe, said voting technology makes it unlikely there was a large enough human error to push Barber ahead of Republican Martha McSally. She declared victory Wednesday night with a 161-vote margin after all votes were counted. “It is very rare for machine-read ballots to show a different result when you go through the recount,” he said. Still, Barber isn’t conceding. “I am not going to concede until the election is certified and the recount is conducted,” he said. O’Neil said the margin of victory could change if a judge orders the state to count provisional ballots that were previously thrown out. Those are ballots that were cast at polling places but were questioned because the voters weren’t registered or were in the wrong polling place. Nearly 800 of those were not counted.

Arizona: Ex-aide to Gabrielle Giffords faces recount in House race | Reuters

U.S. Representative Ron Barber, an Arizona Democrat who was an aide to Gabrielle Giffords, faces a recount after his Republican challenger finished the race for a congressional border district with 161 votes ahead of him. Tea Party favorite Martha McSally claimed a razor-thin victory over Barber, who was struck by gunfire alongside Giffords in the 2011 shooting rampage that killed six people and injured 13 outside a suburban Tucson supermarket. But Arizona law requires an automatic recount because the final tally in the Second Congressional District left the two candidates separated by less than 0.1 percent of the total, in this case fewer than 200 votes after the Nov. 4 election.

Arizona: Martha McSally Ahead As Race Goes to Recount with Ron Barber | Roll Call

Retired Col. Martha E. McSally, a Republican, retained a small lead over Rep. Ron Barber, D-Ariz., Wednesday, as initial ballot-counting ended in the 2nd District. McSally leads Barber by 161 votes, according to a local affiliate. As a result, the race will automatically go into a recount because it is within a 200-vote margin mandated by Arizona law. The Associated Press has not yet called the race in McSally’s favor, but the Republican claimed victory on Wednesday night. “All ballots are now counted and the voters have made their choice,” McSally said in a statement. “After nearly three years, some twenty million dollars in ads, and two campaigns, it’s time to come together. We are united in our love for Southern Arizona.” “I thank Congressman Barber for being willing to stand up and serve as he has,” she added. “While we still have a recount to go, we expect similar results and will provide the necessary oversight to ensure accurate results.” The Barber camp did not concede.

Arizona: CD2 recount almost certain, but it will take time | Arizona Daily star

A recount in the Congressional District 2 race most likely will take place, but not until at least December at the earliest. The 133-vote gap between Democrat Ron Barber and Martha McSally is small enough to trigger an automatic recount according to state law, but Secretary of State Ken Bennett won’t ask a judge for a recount until after the statewide results are certified next month. The Pima County Board of Supervisors is expected to canvass election results next week, but Bennett is not expected to certify those results until Dec. 1, when he signs off on all the races on this year’s ballot. Once the results are official and show less than a 200-vote margin, Bennett will present them to a judge in Maricopa County Superior Court, who will be asked to order the recount.

Arizona: Barber-McSally race heads toward potential recount | The Arizona Republic

Arizona could be headed toward its first congressional recount ever, as Republican challenger Martha McSally’s lead over incumbent Democratic Rep. Ron Barber dwindled to only 179 votes Monday. A mandatory recount will occur if either candidate wins the race by fewer than 200 votes. There are still about 6,000 provisional votes left to count in Pima County, although not all of those votes will be in Barber and McSally’s 2nd Congressional District race. There are another 150 early ballots still to be processed and 300 “conditional provisionals” where a voter showed up to the polling place with no identification, said Pima County Registrar of Voters Chris Roads. Both candidates have started fundraising for legal bills for a potential recount, which election observers and campaign officials increasingly see as a possibility. “We’re down into Florida 2000 territory with this,” said Tempe pollster Michael O’Neil, referring to the historic standoff in the presidential race between George W. Bush and Al Gore. “With a margin potentially in the two digits.”

Arizona: Judge Denies Team McSally’s Motion, Allows Vote Count To Continue in Hotly Contested Race | Tucson Weekly

A Pima County Superior Court judge has denied an effort by Republican Martha McSally’s congressional campaign to stop counting a group of ballots in Democratic precincts in her hotly contested race against Democratic incumbent Ron Barber. Superior Court Judge James Marner said that he would not issue a temporary restraining order or preliminary injunction to stop the count of provisional ballots that were missing a signature from a poll worker. The race remains extremely tight, with McSally leading Barber by 341 votes. County officials say there are an estimated 9,300 provisional ballot awaiting tabulation in Pima County, where Barber ran ahead of McSally. An unknown number are in Congressional District 2. Pima County Election Director Brad Nelson said ballot counting would resume this afternoon but he did not expect the complete the count of the provisional ballots. Lawyers for both campaigns, as well as a deputy county attorney, were in court this morning to debate whether the questioned ballots should be set aside until a substantive argument could be made as to whether they are valid.

Arizona: Barber-McSally Count Resumes Monday Under Legal Cloud | Arizona Public Media

Ron Barber and Martha McSally may find out Monday which of them will represent Arizona’s 2nd Congressional District in the next Congress. Outcome of the too-close-to-call race will hinge on two factors: Pima County completing its count of early, duplicate and provisional ballots; whether the Republican McSally pursues a legal challenge that her lawyer brought up Sunday. The count, including several hundred votes posted Sunday, showed McSally with a 341-vote lead, or 0.16 percent. An estimated 9,000 Pima County provisional ballots and an unknown but likely much smaller number of ballots in Cochise County remained to be counted. Pima County officials were processing provisional and duplicate ballots all weekend and said they will count the ballots Monday with results expected in the afternoon. That could complete the count leading to declaration of a winner. That is, unless McSally’s campaign pursues a legal challenge it raised over provisional ballots Sunday.

Arizona: Glitch in Cochise County puts thousands of ballots on hold | KGUN

A major glitch in Cochise County held up thousands of ballots. The problem discovered hours after the polls closed last night. Cochise county elections officials had to scramble to fix it and asked Graham County to help out. A UHAUL full of black cases of ballots were rushed to Graham County where the ballots were re-tabulated — overnight and then transported back to Bisbee by 1 o’clock the next day. So what caused the glitch? The interim elections director Jim Vlahovich thought it was the machine that tabulates the votes. “We discovered last night that the sheets were 85 ballots short than what the machine was,” he said.

Arizona: McSally leads Barber by 36 votes; recount set for early Cochise County ballots | KGUN

Republican challenger Martha McSally grabbed a 36-vote lead overnight against Democratic incumbent Rep. Ron Barber in the rematch of a congressional race decided by less than one percent of the vote in 2012. McSally trailed Rep. Barber after the initial early ballot numbers from Congressional District 2 were released Tuesday night. But those numbers did not include early ballots from Cochise County, the conservative portion of District 2 McSally won with 59 percent of the vote in 2012. Late Tuesday night the Cochise County elections website posted this message: “Due to technical difficulties the early ballot counting machine did not match the hand count. Therefore, early ballots are in the process of being delivered to Graham County where they will be counted by their equipment.”

Arizona: Voter Fraud Allegations Land Protesters at Arizona Republican Party HQ | Phoenix New Times

The activist group Citizens for a Better went to the state GOP headquarters in Phoenix to demand an apology after Maricopa County Republican Party chairman A.J. LaFaro accused the group of voter fraud. LaFaro drummed up nationwide controversy by implying he witnessed voter fraud when someone with Citizens for a Better Arizona dropped off some voters’ completed ballots at the Maricopa County elections headquarters, which is actually a completely legal practice. “LaFaro started the rumor,” CBA organizer Ramiro Luna said to state GOP executive director Chad Heywood, who greeted the protesters in the lobby yesterday. “The Republican Party, the extreme right has been spreading that rumor so much that it has caused much harm. My young canvasser right here, the cops got called on her. We have another canvasser who got put in the back of a cop car because of these statements.”

Arizona: $15,000 cost for one ballot | Tucson News Now

The recent primary election chalked up a first: An unheard of cost. Every ballot cast because of the new bifurcated voting system cost taxpayers $14,867. State law says a voter can’t vote in state elections until or unless they can prove they are a United States citizen. The federal registration form does not require proof of citizenship. It asks only that the person swear upon penalty of perjury that they are indeed a US citizen. For the feds, that’s enough. For the state, it’s not. However, the federal courts have ruled that the voters who use the federal form will be allowed to vote for federal offices even if they are barred from voting for state and local officials.  So during the primary election, Pima County elections officials had to print separate ballots for those who used the federal form to register. That turned out to be for five different parties, even if there were no candidates for a federal office.

Arizona: Maricopa County elections officials dealing with 2nd ballot blunder | KPHO

For the second time this election season Maricopa County could be dealing with a ballot blunder. Monday night on CBS 5 News at 10 we told you about a voter who received two ballots in the mail. Now, voters are getting ballots with the wrong names on them. Early voters need to pay close attention to two areas on the front of their ballot envelope and make sure the two addresses match. In some cases they don’t. George Irrgang had already sealed his early ballot and was prepared to mail it back until we suggested he double check that ballot was in fact his. “I looked at it pretty carefully I thought,” Irrgang said. However, even though the ballot was addressed to him it actually belongs to someone else. “Yea, someone named Gwendolyn,” Irrgang added. After our story about two ballots delivered to a voter, more viewers hit our action button, alerting us to their own erroneous ballots.

Arizona: Dual Track Voting System to Affect Some First Time Voters | Arizona Public Radio

November will mark the first general election in which Arizonans use a dual track voting system. The new method prevents Arizona from imposing citizenship requirements on voters using the federal form. But it does allow the state to mandate proof of citizenship for local elections. It comes from a voter approved initiative to crack down on fraudulent voting. But, as Arizona Public Radio’s Justin Regan reports, the new system is proving difficult for some first time voters. Jason Kordosky is the campus vote organizer for the Arizona Students Association, today he’s at Northern Arizona University in Flagstaff registering first time voters. “I think this is one of the most important elections so all these sort of state elections will have a huge impact on our educational system”, Kordosky said.