UPDATE, 12:45pm: We have added a quote from attorney Bryan Blehm, that he decided on Sunday to withdraw the election contest after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss". On Saturday, Blehm had told the court that he did not oppose the intervention from the Maricopa Association of Governments.
The Maricopa County Republican Party filed a Sunday dismissal of their election challenge lawsuit against the passage of Prop. 479 (transportation tax extension) after a detailed discussion with their attorney. The Notice of Dismissal comes after the judge dismissed the Secretary of State from the action last week, and after Maricopa County filed a Motion to Dismiss on Saturday.
The ill-fated challenge was brought by MCRC's attorney, Bryan Blehm, and was based on a belief that it required 60% of voters to approve it rather than a simple majority. Previous case law had established that that requirement did not apply to county votes.
The County's Motion to Dismiss also points out that the initial Complaint had fatal problems and that the Amended Complaint was filed after the deadline for election contests.
On Friday, private counsel for the Maricopa Association of Governments filed a Motion to Intervene in - and, oppose - the lawsuit. On Saturday, Blehm told the court that he did not oppose MAG's involvement.
The following day, Blehm filed the dismissal and told opposing counsel that he had a change of heart about the case after he "discussed this matter in more detail with my client and after reviewing the motions to dismiss".
This article was reported by AZ Law founder Paul Weich.
"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.
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