Pima county RTA Ballot Case Back in Court Friday, Aug. 28, 2:30pm

[WillYourVoteBCounted]

RTA Ballot Case back in court tomorrow Friday August 28th
Bill Risner Will Ask Judge Harrington for Stay to Preserve Ballots During Appeal.

Attend Hearing Friday August 28th2:30pm
Pima County Superior Court
110 West Congress, Judge Charles Harrington’s Court room- 4th floor, room 472.

The Hearing topic is the Pima County Republican Party's Motion for Judgment on the Pleadings. The lawsuit is Beth Ford v. Democratic Party of Pima County that also includes the Libertarian and Republican Parties and the RTA. It is a Declaratory Judgment action where Beth Ford, Pima County Treasurer and custodian of the RTA ballots, has asked the court for "direction" as to whether she is required to destroy the RTA ballots.

The Democratic Party through their attorney Bill Risner, and the Libertarian Party, will ask the judge to "stay" his order until we appeal his earlier decision where he claimed that Arizona courts did not have subject matter jurisdiction to consider allegations of fraud in any election. Basically, the only issue that will be of interest is the decision on the stay question. The legal issue is extremely important but would be moot if the ballots were destroyed.

What’s At Stake

The real issue is whether our courts have any role in guaranteeing honest elections. Judge Harrington ruled that he is unable to consider that an election was rigged. The procedural ruling said that the court did not have jurisdiction of the very subject. It was assumed for the decision that the election was fraudulent and the result "rigged" to give a false result. Nonetheless, the Judge said Arizona's courts could not hear or consider such a case. He said that a voter has five days only to challenge an election after the election canvass is approved. It is impossible to challenge an election within five days because a challenge must allege specifics that prove the outcome was actually different. Such evidence can never be obtained.

...more at the link

http://votingnews.blogspot.com/2009/08/pima-county-rta-ballot-case-back-in.html