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Barber response to McSally ballot restraining order request

Posted Nov 10, 2014, 3:13 pm

A request by GOP candidate Martha McSally for a restraining order to halt the count of provisional ballots in Pima County was denied by a judge Monday. McSally, up just 341 votes, has had her lead slowly eroded as additional ballots have been tallied in her challenge to U.S. Rep. Ron Barber.

Barber’s lawyers said that if there are provisional ballots in envelopes that were not signed by poll workers, that should not invalidate the vote that was cast. Calling the process a “technicality” that has “nothing to do wiht the validity of a provisional ballot,” they wrote that “the signing of a provisional ballot envelope by a poll worker is not a mandatory requirement” under Arizona law, and that the absence of a poll worker’s signature “would not work to invalidate a voter’s otherwise-clear expression of her intent.”

More at http://www.tucsonsentinel.com/local/report/111014_election_mcsally