‘Friends of Vince Leach’ File Belated Challenge To Qualifications Of Justine Wadsack (LD 17)

The time to have filed this lawsuit was in the 10 day challenge period after the candidate filing deadline for the primary election. Posted on the Arizona Secretary of State’s page for candidates: “A candidate’s nomination may be challenged pursuant to A.R.S 16-351. The deadline to file a legal challenge is April 18, 2022 at 5:00 p.m.”

Challenging a candidate’s qualifications to appear on the primary ballot after the primary election has been held only after you have lost to this candidate appears dubious. Good luck with that.

H/T Rose Law Group for this summary of an Arizona Capitol Times report. Friends of Leach file lawsuit to get his name on general election ballot:

After a narrow loss to Justine Wadsack, friends of incumbent Sen. Vince Leach, R-Saddlebrooke are filing a lawsuit to get his name on the general ballot instead of his challenger.

The lawsuit is in the name of Onita and Edward Davis, a married couple living in Oro Valley, and it claims that Wadsack lives in Tucson outside of Legislative District 17, but quickly listed an LD17 address as her own after redistricting, even though someone else lives there. Wadsack’s real address – according to the claim – is in a majority-Democrat district.

Note: The Arizona Supreme Court has been pretty lax in enforcing legislative district residency requirements of late. See, Abe Kwok at The Republic, You don’t have to live in the district you represent, even if Arizona law requires it – challenge to Don Shooter (2018). See also, Rep. Bolick to stay on ballot (2020).

The strict compliance standard only applies to citizens initiatives and referendums to keep you from bringing them. Legislators, especially Republican legislators, are “special” – their own rules do not apply to them.

“Wadsack received the highest number of votes in the legislative district 17 primary election for state senate, and Vince Leach received the second highest number of votes. Because Wadsack is ineligible to the office, the person receiving the highest number of votes for this office is Vince Leach,” the complaint from Republican attorney Tim La Sota reads.

Edward Davis said he and Leach have known each other for a long time and Leach approached him to make the claim. Davis said he’s never spoken with La Sota.

“It’s frivolous; he’s a sore loser,” Wadsack said of the lawsuit this afternoon. She maintains that the new address is hers and accused Leach of “grasping at straws” because he is “delusional.”

I would think that Wadsack’s general election opponent, Democrat Mike Nickerson, and the Arizona Democratic Party would be in a better position to challenge Wadsack’s qualifications to appear on the general election ballot in November if she does not actually meet the residency requirement to live in the district she seeks to represent.

It should be noted that Justine Wadsack filed two challenges to Vince Leach’s nomination petitions earlier this year, Pima County Superior Court No. C20221453 (Motion to Dismiss for failure to serve the Secretary of State within twenty-four (24) hours from when the actual complaint was filed, granted), and Pima County Superior Court No. C20221455, this case also dismissed (although I do not find a Minute entry Order in the case summary). There appears to be a grudge match between these two Republican candidates.

A pox on both of their houses, wherever they may live. Both Vince Leach and Justine Wadsack are deep into QAnon. See, QAnon in Arizona Politics: A Guide (2020).

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