A Mesa woman running in Senate President Russell Pearce's recall election has dropped out of the race, halting a legal challenge that claims she was a fraudulent candidate meant to siphon votes from the contest's other contender.
Olivia Cortes filed a voluntary withdrawal with the Arizona secretary of state's office Thursday.
She later issued a statement saying she dropped out of the race because of what she called "constant intimidation and harassment" of herself, her family, friends and neighbors.
"So for me, the dream of having a voice has died," Cortes' statement said, adding that she wanted to address economic, education and immigration concerns.
Cortes lawyer Anthony Tsontakis said earlier that his client accepted an offer by attorneys for a Pearce critic to cancel a court hearing Friday if she stepped out of the race.
Pearce faces charter school executive Jerry Lewis, a fellow Republican, in the Nov. 8 recall election that resulted from a petition drive. Its organizers said Pearce has been out of touch with district voters' concerns on education, health care and the economy. He denies that and says recall organizers targeted him because of his support for laws against illegal immigration.
Recall supporter Mary Lou Boettcher filed a lawsuit challenging Cortes' candidacy, and a judge ruled Monday that there was evidence Cortes was recruited to run in the recall election to help Pearce by attracting votes that otherwise could go to Lewis.
However, Burke ruled that Cortes could remain on the ballot because she appeared to be sincere, because ballots already had been sent to overseas and military voters, and because any questions about her candidacy should be judged by voters, not the courts.
The challenge was revived when Boettcher's lawyers filed a motion saying they could present new evidence linking the campaigns of Pearce and Cortes.
Burke on Tuesday agreed to hold a hearing Friday, and the Arizona Supreme Court on Wednesday rejected Cortes' request to block it.
Cortes' name will still appear on ballots because they've already been printed, but her withdrawal means she wouldn't take office if she gets the most votes, said Matt Roberts, a spokesman for the secretary of state's office.
Signs will be posted at polling places to notify voters that Cortes no longer is a candidate, Roberts said.
Approximately 28,000 early ballots will be mailed as-is to voters on Oct. 13 under the schedule set by state law, said Maricopa County Election Director Karen Osborne. Those ballots are already in envelopes and it's too late to consider enclosing a notice about Cortes' withdrawal, she said.
Lewis campaign co-chair John Giles said Cortes' withdrawal was cynically timed to keep her name on the ballot but to avoid more courtroom questioning under oath.
"Despite all the negative press and all of the efforts that will be made to educate people, I'm sure there will be a lot of votes cast by mistake for Ms. Cortes," Giles said. "And those are votes in nearly every case that would have gone to Mr. Lewis."
H. Michael Wright, one of the attorneys for Boettcher, said the offer to end the challenge in exchange for Cortes' withdrawal was originally made and declined last week, before the first hearing. Tsontakis did not say why Cortes ultimately accepted the offer, Wright said.
"Everybody can draw their inferences for it," Wright said. "Obviously it was in her interest or somebody's interest that the hearing not go forward."
Tsontakis asked Thursday if the offer was still on the table, and he accepted it on behalf of Cortes when told that it was, Wright said.
Pearce has denied knowing Cortes, and Pearce's campaign spokesman Ed Phillips has said the campaign was not involved in launching her candidacy.
Wright declined to provide specifics but said subpoenas issued for people to testify in Friday's now-canceled hearing included ones for Greg Western, a tea party activist who previously testified that he helped launch her campaign, and Lester Pearce, a Maricopa County justice of the peace and brother of the lawmaker.
"I believe that his testimony would have been that he was helping with both the Pearce campaign and the Cortes campaign," and similar testimony was expected from Western, Wright said.
Western and Lester Pearce did not immediately return calls seeking comment.
Diogenes Lantern posted at 9:32 pm on Thu, Oct 6, 2011.
Teacher(s) at Jerry Lewis' charter school filed a lawsuit charging Lewis with theft from the Homeless Children donations.
Go to Sonoran Alliance and check out the legal documents.The legal documents also shows the Facebook entry made by the teacher friend in which she discloses that she obtained nearly $1,000 from the sale of the donated items Lewis gave her.
Negative Comments (3) from Lewis' Fellow Teachers:
Jerry Lewis made himself principal of the school (even though he did not have the training or state certificate to be one) while he was also the assistant superintendent. The morale and academics plummeted under him
In the two years I worked while Jerry was principal I saw favoritism, heavy-handed tactics, and a decline in academics. The behavior of Jerry is far worse than Dr. Dowling was accused of.
Crazy thing is that through her contacts she brought in more funds for the school than what they paid her. Jerry did not like her constantly catching him spending donated funds incorrectly
Leon Ceniceros posted at 5:31 pm on Thu, Oct 6, 2011.
So much for a Hispanic and/or a woman candidate to oppose Jerry Lewis in his Recall Election of the man who was the "Father" of SB 1070, Senator Russell Pearce. He tried to "make" Arizona as unfriendly as possible for Illegal Aliens from Mexico and Points South and that was just the opposite of the.....Pro-Illegal Alien Amnesty political platforms of....Matt Salmon for US Congress .....Jeff Flake for US Senate ....and Mitt Romney for US President.
Now the election is ....100% White Male dominated...just the way the leadership wanted it.
This will show what will happen to women if they try and .."step out" of their..."Stepford Wives" role......time to go back to what the "Book" dictates....."Always ready to breed children, Bake bread and Can vegetables"........the ..."ABC's" of the role of "good"....Church women since it's beginning.
RationalHuman posted at 4:23 pm on Thu, Oct 6, 2011.
"But, you do need to disclose your finances while running."
Still waiting for Parraz to do just that...and don't play stupid and say something ignorant like "but he's not a candidate!" - he ORGANIZED THE RECALL AND WON'T DISCLOSE ONE PENNY OF HIS FINANCES.
Hypocrisy sucks.
arizonapride posted at 2:40 pm on Thu, Oct 6, 2011.
You did create your name out of pure sarcasm, right RationalHuman?
It was known long before Cortes filed that Lewis was in the race. Filing date means little and shows the level of straws to which you have to grasp at. There's a one day difference with Cortes filing first. But, the Court has acknowledged that it was Pearce supporters that put her up to it. So, let's call a spade a spade, shall we; Pearce supporters filed 1 day before Lewis.
And no, you don't need to disclose your motives when running for office. But, you do need to disclose your finances while running.
All in all, the scrutiny she was placed under prior to an election pales in comparison to what she would have received had she been elected to office.
It's better that she acknowledge her inability to deal with it now, rather than later when we all would have to pay for it.
RationalHuman posted at 1:31 pm on Thu, Oct 6, 2011.
Jezzabella (what a fitting name),
Please cite the date Cortes filed.
Now cite the date Lewis filed.
If you're going to call someone a liar, try not to be a filthy two-faced weasel while doing it.
And to the rest of you - GUESS WHAT? In this country you DO NOT HAVE TO DISCLOSE YOUR MOTIVES FOR RUNNING FOR OFFICE. Period. So take your accusations and kindly place them where the sun doesn't shine.
one of the last posted at 1:06 pm on Thu, Oct 6, 2011.
Yes I am accusing Peirce and his supporters of Using Cortes without her knowlege!
one of the last posted at 1:04 pm on Thu, Oct 6, 2011.
It doesnt matter when Cortes filed. Everyone knew Lewis was fileing as the opponent to peirce when she filed. She had no knowlege about the workings of her candadcy when she got on the stand and testified. Her Campaine manager was a peirce flunky. If traised I am sure her signs will come up as having been bought by that same group that put up the anti-Parrez signs. Her signs went up at the same exact day and even time as the peirce signs. But then she doesnt know where they came from. I think it just fially clicked in Cortes's head that she was being taken just like peirces supporters were trying to take the rest of west mesa and that was why she ended her campaine.
jezzabella posted at 12:57 pm on Thu, Oct 6, 2011.
IrrationalHuman: Name one time Lewis even talked about Cortes. Everything you said is a lie. Is that you, Rusty?
RationalHuman posted at 12:40 pm on Thu, Oct 6, 2011.
Okay! Precedent has been set.
Time for Lewis to be held accountable for his irresponsible statements and step down as well.
He repeatedly accused Cortes of being a sham, even though she filed BEFORE HE DID!
Let's see if he practices that "Mormon honesty" we've been hearing about so much lately, or if he's just another corrupt weasel.
P.S. - Cortez will still be on the ballot - wouldn't it be a hoot if she wins?