Arizona: Federal Voting Rights Act is Arizona’s redistricting bogeyman | Caveat Lector

We should find out next week if Gov. Jan Brewer will make good on her threats from this week and impeach Colleen Mathis, the chairwoman of the Independent Redistricting Commission, or any other member of the commission. Brewer alleges gross misconduct by the commission, including failing to follow requirements of the independent redistricting commission act, bid rigging and open meetings law violations. Commissioners deny any wrongdoing.

Brewer is picking the wrong fight. The problem is not the commission, it’s Section 5 of the federal Voting Rights Act that requires Arizona to get the blessing of the U.S. Justice Department on any change it makes to voting districts, a process called preclearance. The Act’s intentions nearly 50 years ago was to right 100 years of wrongs in several states that imposed restrictions on voting by racial minorities, mostly southern blacks.

Arizona: Judge Finds Manipulation in Recall Vote in Arizona | NYTimes.com

At first glance, it had the makings of a spirited election: the leader of Arizona’s crackdown on illegal immigration facing off at the polls with an immigrant from Mexico who believed that the state had gone too far. But the immigrant, Olivia Cortes, a retiree who filed papers in July to challenge the State Senate president, Russell Pearce, disappeared from the political scene last week just as quickly as she had appeared. Ms. Cortes’s candidacy for a legislative district in this working-class community east of Phoenix, it now appears, had been a dirty trick.

Critics of Mr. Pearce’s hard-line approach to illegal immigration collected enough signatures to force him into a recall election in November. But allies of Mr. Pearce, who is one of the state’s most powerful politicians, did not take that humiliation lightly. They recruited Ms. Cortes in what was an effort to split the anti-Pearce vote, particularly among Latinos, a judge later found.

Arizona: Olivia Cortes withdraws from Pearce recall race | Arizona Republic

Candidate Olivia Cortes on Thursday withdrew from the Legislative District 18 recall election of Senate President Russell Pearce amid ongoing allegations that her campaign was a sham set up by Pearce supporters to pull votes away from opponent Jerry Lewis.

Pearce will now face only fellow Republican Lewis in the first recall election of a sitting legislator in state history.

document Cortes’ voluntary withdrawal | Recall coverage | Watch Pearce debate live today

Cortes said in a statement that the “constant intimidation and harassment” led to her withdrawal. And her attorney said that the move was the condition of a deal to stop a court hearing scheduled for today.

Arizona: Cortes drops out of recall election | Mohave Daily News

A Mesa woman running in Senate President Russell Pearce’s recall election has dropped out of the race, halting a legal challenge that claims she was a fraudulent candidate meant to siphon votes from the contest’s other contender.

Olivia Cortes filed a voluntary withdrawal with the Arizona secretary of state’s office Thursday. She later issued a statement saying she dropped out of the race because of what she called “constant intimidation and harassment” of herself, her family, friends and neighbors.

“So for me, the dream of having a voice has died,” Cortes’ statement said, adding that she wanted to address economic, education and immigration concerns. Cortes lawyer Anthony Tsontakis said earlier that his client accepted an offer by attorneys for a Pearce critic to cancel a court hearing Friday if she stepped out of the race.

Arizona: Olivia Cortes will remain on ballot in Pearce recall election, court rules | AZ Central

Recall candidate Olivia Cortes will stay on the Nov. 8 ballot despite allegations that her campaign is part of a fraud, a Maricopa County Superior Court judge has ruled.

Judge Edward Burke heard arguments last week in the lawsuit filed by a Legislative District 18 Republican alleging that Cortes is part of a sham campaign to draw votes away from candidate Jerry Lewis and help Pearce retain his seat. In Monday’s ruling, Burke wrote that no one during the all-day hearing last week “impugned Cortes’ honesty or integrity.”

The judge’s ruling

“The court finds that she is genuinely opposed to what she believes is Pearce’s harsh legislative treatment of and comments about illegal Hispanic immigrants,” Burke wrote.

Arizona: Why the lawsuit against Olivia Cortes had to be aggressively defended | Anthony Tsontakis/Arizona Capitol Times

It’s not because the lawsuit was politically motivated. Everyone knows how unapologetically brutal politics can be. And it’s not because the lawsuit was brought to defame Ms. Cortes, either. Placing your name on a ballot is the functional equivalent of sending the world an open invitation to attack your character.

The reason the lawsuit against Olivia Cortes had to be aggressively defended, rather, is that it asked a judge, without statutory authorization, to inquire into the political beliefs, motivations, associations, and activities of ordinary citizens — and then to find legal liability where no law says there is: in the details of those ideologies, agendas, friends, and practices.

Tom Ryan, the plaintiff’s attorney, built the bulk of his case against Cortes around one concept: the political motivations of Ms. Cortes’ nomination petition circulators.

Arizona: Cortes denies being a sham candidate in Pearce recall election | Arizona Republic

Recall candidate Olivia Cortes took the stand Thursday to defend herself against allegations that she is a sham candidate running to draw votes away from candidate Jerry Lewis and help Senate President Russell Pearce retain his seat. “I wanted to offer my points of view as a naturalized citizen, a concerned citizen for the future of Arizona,” Cortes said. “I want to serve my community.” She said the accusations about her campaign make her feel “bad.”

“I feel they are taking away my constitutional right,” she said. “Anybody can run. I’m running to win. I want to win.”

During her testimony, Cortes said she is paying for her campaign but admitted she hasn’t yet spent any money. She said she does not know who paid professional circulators to collect the signatures to get her on the ballot. She said she also does not know who paid for the signs with her name on it that were put up around West Mesa. She doesn’t know who created her Web site. Cortes said she was not forced or paid to run. She said East Valley Tea Party leader Greg Western is the only one helping her with her campaign and as a political novice, she has left many decisions to him.

Arizona: Vote Centers: Is less more? | KYMA News 11

In the up coming Presidential election, voting may be a little different in Yuma County. The number of polling sites needed is much smaller because early voting is the popular way to go. So, Yuma County wants to simplify by consolidating from 42 polling locations to about 10 to 15 locations.

Yuma County Recorder Robyn Stallworth Pouquette, said every election it’s the same story, “We receive hundreds and hundreds of calls every election from frustrated voters that have gone to the wrong place.”

So Yuma County plans to do something about it. Pouquette said new legislation allows them to have Vote Centers, locations open to all registered voters. Yuma would be the first county in Arizona to adopt the Vote Center.

Arizona: Recall bid vs. Pearce a fraud, 2nd claim says | azcentral.com

Chaos erupted Friday in the recall election of Senate President Russell Pearce. A Legislative District 18 voter filed a lawsuit alleging that Olivia Cortes is a sham candidate running with the intention of pulling votes away from candidate Jerry Lewis to help Pearce. The Secretary of State’s Office declined to investigate the same complaint another district voter filed.

Cortes, who has for weeks evaded questions about her candidacy and political positions, on Friday sent out an e-mail announcing a campaign website and seeking voter support. Chandler attorney Tom Ryan filed the lawsuit on behalf of Mary Lou Boettcher. Ryan also represented Citizens for a Better Arizona, the group that collected signatures to get the recall on the ballot. Boettcher, a Republican, was involved in that group.

The lawsuit alleges that Cortes is a “well-known supporter” of Pearce and “has no campaign committee, no volunteers for her campaign and her campaign is being financed and operated entirely by those who wish to dilute the vote in favor of recalled Senator Russell Pearce.” It states that Cortes is a fraudulent and diversionary candidate, in violation of state law.

Arizona: New lawsuit over Russell Pearce recall election | azfamily.com

There are new developments regarding the Russell Pearce recall election and candidate Olivia Cortes. Many say she is a sham designed to siphon votes from Pearce’s other challenger, Jerry Lewis.

After the secretary of state’s office said it will not investigate allegations of fraud, a Mesa woman filed a lawsuit. Cortes is starting to look more like a legitimate candidate to challenge Senate President Russell Pearce. Her website went live Friday and she issued a press release that says, “I want to have an opportunity, to bring into this race my points of view and observations as a Permanent Alien and later Naturalized American Citizen for over forty years.”

Cortes was home Tuesday and didn’t answer when I dropped by. She didn’t respond Friday when 3TV’s Frank Camacho left her a note or when I called later.

Arizona: State will not investigate recall candidate Cortes | AZ Central

Chaos erupted Friday in the recall election of Senate President Russell Pearce. A Legislative District 18 voter filed a lawsuit alleging that Olivia Cortes is a fraud candidate running with the intention of pulling votes away from candidate Jerry Lewis to help Pearce. The Secretary of State’s Office declined to investigate the same complaint another district voter filed with that office.

Cortes, who has for weeks evaded questions about her candidacy and political positions, on Friday sent out an e-mail announcing a campaign Web site and seeking voter support.

Chandler attorney Tom Ryan filed the lawsuit on behalf of Mary Lou Boettcher. Ryan also represented Citizens for a Better Arizona, the group that collected signatures to get the recall on the ballot. Boettcher, a Republican, was involved in that group.

Alabama: Failure of Alabama challenge to Voting Rights Act looms over Arizona suit | East Valley Tribune

The decision by a federal judge Wednesday to reject challenges by an Alabama county to the Voting Rights Act likely will mean a similar fate for Arizona’s lawsuit, state Attorney General Tom Horne said. Horne acknowledged that the lawsuit he filed last month is based on many of the same arguments that Shelby County made. More to the point, the judge who issued Wednesday’s ruling upholding the federal law is the same one assigned to hear Arizona’s challenge.

But there are other signs that Horne will have a hard time arguing that there’s no reason the Voting Rights Act should extend to Arizona. Horne contends that any discrimination against minorities that may have occurred in the past in Arizona is ancient history. He said there is no evidence of ongoing problems.

But in his 151-page ruling in the Alabama case, Judge John Bates said there are studies as recent as 2004 showing a significant disparity between voter turnout of Hispanics and Anglos. And he cited evidence presented to Congress in 2006 when it renewed the Voting Rights Act, of “men (in Arizona) wearing military or tool belts and black T-shirts reading ‘U.S. Constitutional Enforcement’ approaching Latinos waiting in line to vote, demanding proof of citizenship.”

Arizona: Author of illegal immigration law to face recall election | latimes.com

An Arizona lawmaker best known as the author of a controversial law that cracks down on illegal immigrants will face a recall election Nov. 8.  In a ruling Tuesday, the Arizona Supreme Court gave the go-ahead for the recall election of Russell Pearce, the president of the state Senate and arguably the most powerful politician in the Arizona.

Supporters describe Pearce, a former sheriff’s deputy, as a principled lawmaker trying to protect his state; critics say he panders to racism and demonizes immigrants, legal and illegal.

The justices held a closed-door conference on an appeal from a Pearce supporter who alleged that because of flawed paperwork, the recall drive did not amass enough valid voter signatures to force the recall election in the lawmaker’s district in the Phoenix suburb of Mesa.

Arizona: State Supreme Court to consider appeal on challenge to recall election for legislative leader | The Republic

The Arizona Supreme Court on Tuesday is scheduled to consider whether to allow a Nov. 8 recall election to be held for state Senate President Russell Pearce, a Republican known nationally for championing legislation against illegal immigration.

A Pearce supporter appealed a trial judge’s Aug. 12 ruling that denied the supporter’s request to call off the election in Pearce’s legislative district in Mesa, a Phoenix suburb.

Arizona: State’s Case Against the Voting Rights Act | The Atlantic

In the past few years, the right to vote–basic to any real democratic self-government–has become controversial again.  Since the Republican sweep of state legislatures in 2010, seven states have enacted fashionable new “voter ID” laws.  No one even pretends these laws won’t make it harder for older, poorer, less white (and, coincidentally, more Democratic) voters to cast a ballot.  (The Supreme Court regrettably gave the go-ahead to these laws in the 2007 case of Crawford v. Marion County Board of Elections.)

It is almost surreal that in this moment that Arizona, which is becoming to Latinos what Mississippi once was to African Americans, is now seeking a judicial decree that voting rights are no longer a matter for Congressional concern.

Arizona’s new Republican Attorney General, Tom Horne, filed a suit last month asking a federal court to declare that § 5 of the Voting Rights Act of 1965 is unconstitutional.  Arizona–in some ways the Mississippi of the 21st Century–is a weird plaintiff, and its claims are even weirder; but weirder claims have succeeded in the past. The Supreme Court signaled in 2009 that it was a bit weary of all this right-to-vote business.  If “state’s-rights” advocates succeed in weakening the Act, and gutting Congress’s enforcement power under the Fifteenth Amendment, it will be a matter of serious concern.

Arizona: Arizona high court accepts transfer of recall case | Arizona Daily Star

Arizona’s top court agreed Wednesday to decide whether a Nov. 8 recall election will be held for state Senate President Russell Pearce, a Mesa Republican known nationally for championing legislation against illegal immigration.

A Pearce supporter’s appeal of a judge’s ruling against a challenge to holding the recall election was filed with the mid-level Court of Appeals. But the Supreme Court on Wednesday approved a request by sides in the case to accept transfer the case to the high court. That bypasses the Court of Appeals so there’s a ruling in time to avoid any interruption in the election process.

The Supreme Court will consider the case Sept. 13 during a closed-door conference, without hearing oral arguments, spokeswoman Jennifer Liewer said.

Arizona: Russell Pearce recall: State’s high court to consider appeal | Arizona Republic

The Arizona Supreme Court will decide whether the Nov. 8 recall election for Senate President Russell Pearce will go forward. The high court on Wednesday agreed to consider the appeal in the case challenging the recall signatures.

Both sides had requested the hearing in hopes of speeding up the process instead of allowing the Arizona Court of Appeals to consider it first. Time is of the essence. A decision needs to be made by Sept. 23, when the state has to begin printing ballots.

The Supreme Court said that it will not hear oral arguments and that the justices will make a decision behind closed doors on Sept. 13. They will base their decision on written arguments.

Arizona: Phoenix tries out voting centers | Washington Times

Phoenix, the nation’s sixth largest city, aims to save money and add convenience by allowing its 650,000 registered voters to cast ballots for Tuesday’s city election at any of 26 voting centers. The centers replace 128 assigned polling places. While most Phoenix voters cast early ballots, typically mailing them in, those who vote in person formerly had to vote in their precincts.

Arizona is among nine states that either permit jurisdictions to replace precincts with vote centers or authorize pilot projects in selected administrations, according to the National Conference of State Legislatures. The centers don’t necessarily boost overall turnout but can save money for governmental jurisdictions, a 2010 study by the Bowen Center for Public Affairs at Indiana’s Ball State University found.

Phoenix, the first Arizona city to use voting centers, likely will save up to $350,000 on the previous $1 million cost of a city election, with reduced spending for hiring election workers, renting polling places and preprinting ballots, City Clerk Cris Meyer said.

Arizona: State sues over Voting Rights Act | Arizona Republic

Arizona has filed another lawsuit challenging the authority of the federal government. This time, the focus of the federal challenge is the Voting Rights Act of 1965. Arizona is the first state to challenge the constitutionality of sections of the federal law that forbid states from enacting a law or process that denies or limits someone’s right to vote based on their race or color.

The sections at issue require states that failed to meet certain criteria in 1972 to get federal approval for any state legislation or procedural change that could impact voting. Nine states failed to meet that criteria, which included having low voter turnout and not offering election materials in other languages. The nine states are Arizona, Alabama, Alaska, Georgia, Louisiana, Mississippi, South Carolina, Texas and Virginia.

Arizona: State sues feds over Voting Rights Act | msnbc.com

Opening up a new front in its legal battles with the Obama administration, the state of Arizona on Thursday challenged the federal Voting Rights Act, prompting a swift response from Attorney General Eric Holder.
Other political news of note

“The Voting Rights Act plays a vital role in our society by ensuring that every American has the right to vote and to have that vote counted. The Department of Justice will vigorously defend the constitutionality of the Voting Rights Act in this case, as it has done successfully in the past,” Holder said.

Arizona is challenging the law’s requirement that the state seek Justice Department approval for any changes in how elections are conducted. Many states are subject to the law’s pre-clearance requirement, generally to remedy past restrictions that discouraged minority voting.

Arizona: In Open Primary Plan for Arizona, a Call for Moderation | NYTimes.com

The person who recently hurled a padlock out the window of a passing vehicle at a Republican candidate for the State Senate, who was jogging along the side of the road, may have had no political motive at all. But as the police investigate, some here already consider the incident one more example of the politics in this state veering toward the extreme.

… In wake of the incident, a bipartisan group has stepped forward with a remedy for what members describe as the lack of moderation in the state’s politics. Voter registration records indicate disaffection with both parties, as independent voters increase in numbers and both registered Republicans and Democrats decline. By doing away with partisan primaries, the newly formed Open Government Coalition says, more independent voters will participate in choosing candidates and more moderate voices will emerge.

Arizona: Arizona state senator recall election can go forward, judge rules | CNN.com

An Arizona judge ruled Friday that a special election to recall state Senate President Russell Pearce, the primary sponsor behind a controversial anti-illegal immigration law that a federal court struck down in April, can be held November 8 as planned.

In an 11-page ruling, Maricopa County Superior Court Judge Hugh E. Hegyi rejected nearly all of the arguments alleging problems with the recall petition.
The suit was filed by Franklin Bruce Ross, who backs Pearce and who alleged problems in the way the recall petitions were filled out. The suit cited as an example the language in the oath sworn by the circulators of the recall petitions did not state that the signatures collected were “genuine” or the “functional equivalent.”

But Hegyi concluded that the legislation concerning recall elections does not mandate that the oath contain the word “genuine.” “It merely requires ‘an’ oath that the Petition signatures are genuine, but does not prescribe a specific oath that will accomplish that objective,” the judge wrote. In this case, the requirements of the law — which he described as constitutional — have been met, he said.

Arizona: Ruling in Russell Pearce recall hearing expected this week | The Arizona Republic

Russell Pearce wasn’t in court Monday, but the two-fisted lawmaker’s political career may now hang on what happened there. Maricopa County Superior Court Judge Hugh E. Hegyi will rule this week on a legal challenge filed on Pearce’s behalf, seeking to nullify petitions demanding that the Senate president face a Nov. 8 recall election.

The judge listened as lawyers argued for about two hours on recall-election petitions that county and state election officials determined had enough valid signatures to force the November vote. Arguments ranged from what happened in Arizona’s 1910 constitutional convention to whether homeless people should have a say in ousting Pearce.

Arizona: Voter registration website back online | Tucson Sentinel

Arizona’s voter registration website is back online, an evening release from the Department of Transportation said. The website had been down throughout business hours on the last day to register before the state’s Aug. 30 primary elections. Voter have until midnight Monday to register using the online system, including changing addresses.

If you’re not registered to vote for this month’s primary election, you’ll have to sign up in person. The state’s EZ Voter website was down Monday, the deadline to register, a spokesman for the Secretary of State’s office said. Due to storms in Phoenix on Sunday night, the state’s online voter registration system will be unavailable for a undetermined period, said Matthew Roberts, a spokesman for Secretary of State Ken Bennett. Monday is the last day to register for the Aug. 30 primary.

Arizona: Who will challenge Pearce in recall election? | azfamily.com

The petitions have been certified, and the recall election date has been set but it remains unclear who will run against State Senator Russell Pearce in his Mesa district in November. Political analysts say the fact that no one has come forward suggests a lack of planning on the part of those behind the recall.

“It’s a little alarming that we’re this far down the process and we have yet to have a candidate that’s running,” said political analyst Marcus Dell’Artino of First Strategic. Those organizers of the “Citizens for a Better Arizona” group say they expect a candidate will come forward in the coming week.

Arizona: Brewer calls Nov. 8 recall election for Pearce | Arizona Republic

Barring a legal challenge, Senate President Russell Pearce, R-Mesa, will face recall election on Nov. 8.

Pearce, one of the state’s most powerful and controversial politicians, released a statement late Tuesday afternoon saying that he told Gov. Jan Brewer that he was in support of her calling the election this fall. It is believed to be the first recall election of a state legislator in Arizona history.

Pearce made it clear in his statement that he has no intention of resigning his office, as some of his detractors have suggested.

Arizona: Architect of Arizona “Papers Please” Immigration Law to Face Recall Election | AllGov

Arizona Senate President Russell Pearce, sponsor of the nation’s most controversial anti-immigration law, has become the first legislator in his state’s history to face a recall election.

Pearce was the author of SB 1070, Arizona’s law requiring law enforcement to pull over any motorist suspected of being an illegal immigrant and demand proof of legal residency or citizenship. It was signed into law in April 2010 by Governor Jan Brewer.

Arizona: Maricopa County shuns voting centers | Arizona Republic

Next week, a new law will allow counties to set up centralized voting centers to replace or supplement neighborhood polling places. But Maricopa County officials say that kind of system wouldn’t work in the state’s largest county.

Voting centers would allow county residents to walk into any location and get a ballot specific to where they live. State elections officials say the system could help rural counties save money by closing underused precincts.

That’s not necessarily the case in Maricopa County.

Arizona: Pearce officially faces recall election | Arizona Capitol Times

It’s official: Senate President Russell Pearce is the first sitting elected legislator who will face a recall election in Arizona history. The Secretary of State today confirmed that the group seeking Pearce’s recall has submitted more than enough signatures for the special election to take place.

The fast pace of the work done by state and county election officials means the special election will take place this November — unless someone successfully challenges the signatures in court. Gov. Jan Brewer has 15 days from today to issue an order calling for a special election, which must occur at the next scheduled election date that is more than 90 days away, meaning Pearce will go before voters in November.

Pearce’s critics now face the daunting task of finding and persuading a credible candidate to go against the Senate’s most powerful politician in one of Arizona’s most conservative enclaves.