PHOENIX — Republican Wendy Rogers is entitled to run for Congress despite flaws in her nominating petitions, the Arizona Supreme Court ruled Thursday.
Chief Justice Scott Bales, writing for himself and three other justices hearing the case, acknowledged that some of the nominating petitions submitted by Rogers incorrectly listed that the people signing them were residents of Coconino County. In fact, Congressional District 1 encompasses all or parts of 11 of the state’s 15 counties, with signatures coming from around the district. The district includes a portion of northern Pima County and the SaddleBrooke area.
The error, according to Mike Liburdi, her attorney, was caused when campaign workers presumed the county that is supposed to be at the top of each sheet was the county of residence of the candidate. That is not the law.
But Bales called the error “relatively unimportant when the nomination petition is considered as a whole.” And he said that Stetson Kizzar, who challenged the validity of the petitions, had not shown the mistake could have confused or misled the people who actually signed the petition.
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Bales also rejected claims by Tim La Sota, representing Kizzar, that having an incorrect county listed on a petition makes it difficult for them to be divided up so that election can verify their the signatures from their own counties.
He said the record shows that county recorders had no problem. In fact, Bales said the incorrect counties did not keep La Sota and Kizzar from doing their own check of signatures and challenging some of them on different grounds.
Thursday’s ruling means the Republican primary for CD 1 will remain a three-way race.
Also running is state Sen. Steve Smith, R-Maricopa, and Eloy farmer and lawyer Tiffany Shedd. Whoever survives the Aug. 28 primary will face off against incumbent Democrat Tom O’Halleran.
La Sota has declined to say who financed the legal challenge and whether it was on behalf of either of the other GOP contenders.
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