Monday, May 9, 2022

UPDATE: AZ Supreme Court Keeps Reps. Biggs, Gosar & State Rep. Finchem ON November Ballot (READ Decision)

Surprising noone, the Arizona Supreme Court unanimously allowed Reps. Andy Biggs, Paul Gosar, and State Rep. Mark Finchem to remain on the November ballot. Justice Clint Bolick - whose wife is a colleague of Finchem's in the Legislature - did not participate in the deliberations.

The Court decided that Arizona's election challenge statute does not explicitly permit lawsuits invoking the U.S. Constitution's 14th Amendment Disqualification Clause. That clause disqualifies those who participated in rebellion against the U.S.

The Order is below. If you would also like to review the parties' briefs on the matter, please click here.

In the first of what is expected to be four decisions today, the Arizona Supreme Court denied an expedited election challenge appeal by (former) legislative candidate Shawn Pearson. 

A panel of the Justices unanimously decided that Pearson did not prove that at least 26 signers of her petition were legitimately registered in her district when they signed, after the County Recorder had determined that they did not. Pearson had alleged that the County Recorder's list was not updated with recent moves, etc - the Court said that that was not enough to rehabilitate the signatures.

Pearson was challenged by a fellow Democrat running in her district (LD11), Naketa Ross.

Often, on fast-tracked cases like this, the Court will simply issue their ruling now and explain their reasoning later. However, this seemed to include their full legal opinion.

It is expected that the Court will also enter decisions on the other pending election appeals today - including the nationally-watched effort to bump Congressmen Andy Biggs and Paul Gosar - and State Rep. Mark Finchem - from the ballot due to their participation in planning the January 6 efforts to stop the Electoral College certification.

This article was reported by AZ Law founder Paul Weich. Paul is currently running for a seat in Arizona's House of Representatives.

"AZ Law" includes articles, commentaries and updates about opinions from the Arizona Supreme Court, U.S. Supreme Court, as well as trial and appellate courts, etc. AZ Law is founded by Phoenix attorney Paul Weich, and joins Arizona's Politics on the internet. 

AZ Law airs on non-profit Sun Sounds of Arizona, a statewide reading service that provides audio access to printed material for people who cannot hold or read print material due to a disability. If you know someone who could benefit from this 24/7 service, please let them know about member-supported Sun Sounds. And, YOU can donate or listen here. 

Previous episodes of AZ Law can be streamed or downloaded here, or wherever you get your podcasts.

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