Oral arguments in ‘King’ Russell Pearce challenge to recall set for August 8

Posted by AzBlueMeanie:

The "we heart Russsell Pearce" group that challenged the certification of the recall election now has a scheduling order in the case. The Arizona Capitol Times (subscription required) reports Oral arguments in Pearce recall challenge set for Aug 8:

Oral arguments in a lawsuit hoping to derail the recall of Senate President Russell Pearce are set for Aug. 8.

The defendants, which include Citizens for a Better Arizona, the group that spearheaded the successful recall drive, are expected to move to dismiss the lawsuit, which was filed by a Pearce supporter from his district and seeks to invalidate enough of the signatures recall organizers gathered to call off the election.

Under a timeline that the two sides worked out before a preliminary hearing today, they have until July 26 to file their motion to dismiss. Mesa voter Franklin Ross, the plaintiff in the lawsuit, has until Aug. 2 to respond.

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The case was assigned to Superior Court Judge Hugh Hegyi, a former assistant attorney general in the 1990s and early 2000s.

I am confident the "we heart Russsell Pearce" group is going to lose this specious challenge. Their attorney Lisa Hauser will of course file an appeal to the Arizona Supreme Court, resulting in further delay of the inevitable.

Despite this legal challenge, anyone interested in running against Pearce in the recall needs to file their paperwork with the Secretary of State's Office and begin collecting the 621 required signatures to qualify on the ballot.

So far, only Mesa audiologist Tommy Cattey has announced he will collect signatures and try to run. Mesa resident Jerry Lewis, assistant superintendent for the Sequoia Schools charter-school company, is expected to announce on Tuesday whether he will join the race.