Challenge to congressional candidate taken to Arizona Supreme Court

PHOENIX — Wendy Rogers has no right to have her name on the Republican ballot for Congress because her nominating petitions were flawed, a lawyer for political foes is arguing to the Arizona Supreme Court.

In new legal filings Monday, attorney Tim La Sota told the justices that Maricopa County Superior Court Judge James Smith got it wrong last week when he ruled that it does not legally matter that virtually all of Rogers’ petitions were turned in with a header that said all the people signing them were residents of Coconino County. That, in fact, was not true, as Rogers’s attorney Mike Liburdi conceded.

Liburdi argued — and Smith agreed — that the error was “harmless,” saying that having the wrong county at the top of each petition did not confuse any of the people who were signing it. Smith said the mistake, apparently done by a campaign worker, did not keep any county from verifying the signatures.

La Sota, however, said that misses the point.

He said the whole purpose of having nominating petitions broken out by county — and there are 11 in the sprawling Congressional District 1 — is to be sure that the person whose name is on the sheet is entitled to sign the petition. That covers not just residency within the district but even whether they are of the correct political party.

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La Sota said Arizona law spells out what has to be on each petition, a requirement that includes a statement that those signing it are qualified electors of the county listed. He said the only issue for the court to decide is whether Rogers’ petitions were in substantial compliance with that law.

No date has been set for the justices to review the issue.

The primary election is Aug. 28. Also seeking the GOP nomination are Tiffany Shedd and Steve Smith. The winner will take on Democratic incumbent Tom O’Halleran in November.

The congressional district stretches from the state’s northern border through Flagstaff to the eastern border, down through Graham, Greenlee and much of Pinal county, into Marana, Oro Valley and the suburbs of Tucson.