Pearce Recall Update: Court Hearing on Thursday

Posted by AzBlueMeanie:

Stephen Lemons continues to shame the rest of the Arizona political media with his exceptional reporting at the Phoenix New Times in this report, Lawyer Tom Ryan Attempts a Hail Mary Legal Pass to Boot a Fraudulent Candidate Off the Recall Ballot (excerpts):

The Cortes campaign's sole purpose, in the words of one of her paid petition circulators, is to "dilute" the vote, sucking support away from Pearce's main challenger, Mesa educator and former CPA Jerry Lewis.

Thus, Cortes' candidacy is a dishonest one, which is highly ironic given that, according to my sources, she was recruited to run by a fellow LDS worshipper in the Mesa ward she attends, East Valley Tea Party chairman Greg Western.

Western, a Pearce devotee, has denied that he recruited Cortes to run, yet he admits to assisting her campaign, and he even had the gall to turn in Cortes' nominating petition sheets to the Arizona Secretary of State.

Cortes has confined herself to her small, modest Mesa abode with a rigor that reclusive billionaire Howard Hughes might have admired, particularly since Cortes, a retired semiconductor worker, lives with her sister and an aged, infirm man some have identified as her brother.

By remaining hidden and dodging the press and members of the public who've shown up at her door, she continues to bolster the grand sham that she is a legitimate candidate.

On one of my recent excursions to Casa Cortes, treks that many newshounds have now mimicked (to my great delight), I spoke with some neighbors and acquaintances.

One gentleman, whose son lives next door to Cortes, offered that she is a "quiet" woman who is getting taken advantage of by the Pearce camp. Two women who live nearby described her as "goofy," saying that she has taken to parking a block away from her residence and rarely going out.

* * *

The assertion on her website that she's paying for her campaign seems, well, laughable. Did she pay for the signature-gathering company Petition Pros out of her Social Security check? Ditto her campaign signs and the web design of www.oliviacortes.com?

Sorry, but I doubt she's even had a say in the press releases sent out under her name. One, published on the far right-wing Sonoran Alliance blog, bears the imprint of a seasoned dissembler. In the release, Cortes plays the race card, accusing those questioning her campaign of "racism." [See Russell Pearce's "Sham" Candidate Cries "Racism" in Press Release on Sonoran Alliance]

This, when she is supported by followers and family members of the most bald-faced anti-Latino bigot in Arizona history. César Chávez must be doing cartwheels in his grave.

"I gathered and submitted more than 1,000 signatures of people who believe in me," Cortes is quoted as saying in the release. "I earned the right to be on the ballot, and I intend to win. Latinos everywhere should be outraged; we deserve to be represented, and I intend to bring the Latino voice to the Arizona Senate."

Latinos everywhere should be outraged, all right — but at Cortes' participation in this ongoing deceit, not at those who have unveiled the illegitimacy of her candidacy.

Cortes did solicit signatures — and scored 20, by my count. That's far fewer than garnered by Pearce's nieces Shilo Sessions and Megan Sirrine, who also pimped petitions for Cortes. Sirrine netted 24. Sessions got 62.

* * *

But there may be more than mere falsehood and evasion at work in Cortes' campaign. There may be lawbreaking, as well.

As elections law attorney Tom Ryan suggests in his recent lawsuit against Cortes, seeking to have her thrown off the ballot, the shenanigans Cortes and her backers are involved in could constitute a class-five felony.

Ryan cites Arizona Revised Statute 16-1006, which makes it unlawful for a person "knowingly by . . . any corrupt means, either directly or directly . . . to defraud an elector by deceiving and causing him to vote for a different person for an office or for a different measure than he intended or desired to vote for."

This statute is intended to "secure the purity of elections and guard against abuses of the elective franchise," states Article VII, Section 12 of the Arizona Constitution.

There is case law to back up Ryan's complaint. In 1959, the Arizona Supreme Court ruled in Griffin vs. Buzard that a case involving a sham primary candidate for the Arizona Corporation Commission could proceed to trial, even though both the primary and general election had taken place.

In that primary, candidate William A. Brooks was recruited to run against incumbent William T. Brooks by the latter's main opponent, A.P. Buzard.

Buzard's intent: confusing voters and siphoning votes from the incumbent.

The court found William A. Brooks to be a "diversionary" and "male fides" (Latin for "bad faith") candidate, and ruled in the plaintiff's favor, despite the fact that Buzard's ploy worked and he was already in office.

In reversing the lower court's ruling and sending it back for trial, the state Supreme Court noted:

"The courts must be alert to preserving the purity of elections, and its doors must not be closed to hearing charges of deception and fraud that in any way impede the exercise of a free elective franchise."

Whether Ryan is successful in this Hail Mary legal pass remains to be seen as this column goes to press. Early ballots have been printed by the county, and a few have already gone out to military and overseas voters, per federal law.

Nevertheless, there is the issue of an alleged violation of A.R.S. 16-1006.

Under Title 16, Arizona Attorney General Tom Horne has the obligation of enforcing this law.

I asked Horne flack Amy Rezzonico if the AG's Office is investigating or plans to investigate allegations of election fraud relating to Cortes.

"Appears it is being handled in a civil action," she replied tersely via e-mail.

However, Ryan's lawsuit does not preclude the AG's Office from investigating.

* * *

Will Horne's office look into the Cortes affair? I'm not going to bust a lung waiting for it, though I suppose the AG may take it on as a whitewash-in-the-making.

See, Horne has endorsed fellow GOPer Pearce's bid to survive the recall. The fix is in, and this fraud on the electorate continues unimpeded.

Russell Pearce's Olivia Cortes has a Ghostwriter "Paul Revere" from the far right-wing Sonoran Alliance blog:

Today, Arizona Republic columnist Laurie Roberts picked up on something first brought to my attention by Robert Haasch, a member of the PearceWatch Facebook page.Seems that some of Olivia Cortes' press releases are being authored by someone who goes by the handle "Paul Revere."

* * *

There is a Paul Revere who comments at the right wing Sonoran Alliance blog, but you know how it goes with computer monikers.

More interestingly, there is a Paul Revere who has been previously associated with the East Valley Tea Party, for which Cortes aide and Pearce enthusiast Greg Western is chairman.

The more important aspect of this report is that Russell Pearce kicked media cameras out of a recent LD 18 district meeting:

Channel 12's Brahm Resnik has been all over Pearce and Cortes of late, and for his efforts got kicked out of a meeting of Legislative District 18 Republicans last night, where Pearce spoke and took questions. 

To be precise, all TV cameras got kicked out, at Pearce's request. Resnik and others were allowed to remain and observe. Quite silly, as several people were filming with hand-held devices. I got to the hootenanny just as it was about to begin, and will file a report later.

As Lemons stated in the report above, the "sham" candidate case will be heard by a judge on Thursday. Russell Pearce's "Sham" Candidate Olivia Cortes' Date in Court This Thursday (w/Update):

Maricopa County Superior Court Judge Edward Burke will preside over a hearing this Thursday in a lawsuit brought by elections law attorney Tom Ryan, alleging that Olivia Cortes' candidacy for state Senator in the upcoming Legislative District 18 recall election is "fraudulent and diversionary…within the meaning of Arizona law."

The suit is brought on behalf of LD 18 Republican Mary Lou Boettcher, a supporter of the recall and a critic of state Senate President Russell Pearce. In the complaint Ryan filed this past Friday, Ryan asked that the court enjoin County Elections from distributing ballots with Cortes' name and keep her name off the ballot altogether.

According to County Elections Director Karen Osborne, the ballots have been printed. Military and oversees ballots have already been sent out. Remaining early ballots are set to be mailed out by October 13.

The Arizona Republic adds today Suit challenging hopeful in Pearce recall to go forward:

The election is Nov. 8, but Maricopa County elections officials said the voting process started over the weekend, when they printed nearly 70,000 ballots and mailed 102 ballots to overseas and military voters.

Maricopa County Elections Director Karen Osborne said on Monday that any subsequent action that would change the ballot lineup would be unfair to those early voters. She said she didn't think there was anything Maricopa County Superior Court Judge Edward Burke could do to pull back the ballots.

Ryan said Tuesday that there are things Burke can do, and the suit will proceed. Burke has scheduled a hearing on the lawsuit for Thursday.

Ryan said he will ask Burke to require the county to reprint the ballots with only Lewis' and Pearce's names on it, and send new ballots to the overseas voters. He said Burke could require the county to give those overseas voters a few additional days past the Nov. 8 deadline to vote with the new ballots.

* * *

Ryan was attempting to serve Cortes with the lawsuit Tuesday afternoon. He said if she continued to not answer her phone and door, he will ask the judge for permission to do what's called "alternative service." Ryan said that would allow a deputy sheriff to post the lawsuit on Cortes' door, whether she answers or not.

It is sad and pathetic that the most corrupt politician in Arizona and his supporters are using this poor woman in this way. I don't know what her motivations are, but "King" Russell Pearce's motivations are obvious. Republicans should be embarrassed and ashamed to have elected such a man to office; now they have the opportunity to correct that error in judgment and send him packing.