Attorneys for Barber argued that the judge should issue a temporary restraining order to prevent Arizona’s Secretary of State from certifying the vote and consider ordering elections officials to count the 133 provisional ballots.
Barber and three of the voters who “were lawful voters,” who “did what they were supposed to do,” are being represented by Kevin Hamilton.
Hamilton told the Court that there exists “constitutional harm” because the voters followed the directions poll workers who actually told them to vote at the wrong polling places. That mistake caused their votes to be invalidated under Arizona election law.
Should the votes be added to the tally, Barber would still be behind McSally. Currently McSally is ahead by 161 votes. However, an automatic recount, which is mandated by law in close races, could shift the balance even more.
Attorneys for McSally have fought to prevent the votes to be counted and the Pima County Board of Supervisors ignored their own election department’s past failures to protect voters.
Eric Spencer, the lawyer who was used by McSally operatives to attempt to stop a McSally challenger in the Republican Primary told the Court today, “They’re asking the Recorder’s Office to ignore Arizona law, cover their eyes and just count them.”
However, many say that it is McSally who wants the Secretary of State to cover his eyes and ignore legitimate voters who were disenfranchised by the Pima County officials, who failed to properly oversee an elections department that has earned a reputation across the state as inept.