The factions warring over whether Senate President Russell Pearce should face a recall election have finally agreed on one thing: They need a final decision — and soon.

In a joint request, attorneys for both sides are asking the Arizona Supreme Court to agree to hear the case without having to first seek review by the Court of Appeals. They said time is running out.

Maricopa County Elections Director Karen Osborne said federal law requires her to mail out ballots to residents of the west Mesa legislative district at least 45 days before the Nov. 8 election. And those ballots have not even been printed yet.

“We have an absolute deadline of Sept. 23,” she said.

“The morning of Sept. 24 those ballots have to go in the mail,” Osborne continued. And while there are only 126 military ballots, Osborne said they are printed up at the same time as the more than 70,000 other ballots needed, including about 20,000 which go out to district residents on the permanent early voting list.

The crush comes after Maricopa County Superior Court Judge Hugh Hegyi ruled earlier this month that the legal challenges to the petitions had no merit. Attorney Lisa Hauser, who represents Pearce supporters, contends he misinterpreted the law and wants the ruling overturned.

Under court procedures, the case normally would go to the Court of Appeals. And that panel is not scheduled to consider the issue until Sept. 7, with no specific deadline on when it would rule.

Whoever loses is virtually certain to seek high court review. And the lawyers for both sides, in their joint petition, say the current schedule would leave no time for that to happen.

Osborne acknowledged that, legally speaking, she could prepare for the election and even mail off the ballots before a final court ruling. Then, if the justices say an election is not merited, the ballots would just not be counted.

She said, though, that makes little fiscal sense.

“Right now we’re renting polling places, we’re hiring board workers, we’re preparing all the training,” Osborne said. “We’re doing all the things that are so very necessary to put on an election at that time, not the least of which is getting this ballot printed and ready to go in the mail.”

The cost of the special election is estimated at $150,000, with the tab to be picked up by state taxpayers.

(6) comments

NothingButTheTruth

Cactuscrusader, we stand with America and not the dozen or so south of the border countries that continually file legal briefs interfering with states rights to control illegal immigration within their states. We can plainly see who you stand with and it has nothing to do with what they look like or their income level. Yes I can see based on who you support why you would see Pearce as intimidating, but to call him ignorant is pure ignorance of the man. Abuse of power because he doesn't run his office the way you liberal, open border, recall thugs think things should be done? How ignorant is that of the fact that the majority of us want him to do the job he has been doing. All you prove to anyone here is that you are a rude little sock puppet.

ZOO001

"...Do you stand with Democracy and Freedom for all Arizona citizens regardless of what they look like or their income level..."

Illegal aliens are NOT "Arizona citizens." Typical left wing liberal dirty-socks vomit.

Cactuscrusader

I see this as another expense burden placed on the Arizona Taxpayers by Russell K Pearce. Along with all of his other Tea Party "statements" that he wishes to make on the Arizona taxpayer's dime. There is nothing quite as delusional as a Pearce supporter.

Do you stand with Democracy and Freedom for all Arizona citizens regardless of what they look like or their income level or do you stand with the intimidation, ignorance and abuse of power that is Russell Pearce and his followers?

ZOO001

This is just another expense of illegal immigration piled on taxpayers. The two porch climbers behind the recall are up to their necks in illegal immigration. Parraz is a pro-illegal lobbyist, and Snow is a human trafficing profiteer with a law degree. They lie daily on their true motivation behind the recall.

This is not a "get it over with" situation. The outcome of this election, if held, will impact illegal immigration legislation everywhere. Mexico has been able to kick and gouge Obama into an illegal unconstitutional amnesty. Now they want to stop the state of Arizona from further enforcement action. Do you stand with Arizona, or do you stand with Mexico?

NothingButTheTruth

I agree rouse2. The right didn't go after the traitor Rep. Raul Grivalda for calling for a boycott of Arizona. Maybe they should have as what he did was very wrong, but the right tends to have more class than that. Pearce did nothing wrong but the outside open border agitators couldn't stand what he had done to their cause and continues to do as a symbol for the rule of law applied for all concept and for states that need to get their illegal problems under control as well. The law needs to be changed.

rouse2

let me save them some time. it is legal. it should not be legal where there is not even accusations of any wrong doing. but, it is.
let's get this over, and who ever wins, change the law so outsiders can't do this again. with no cause but they don't like someone else s choice in elected officials.
where will this end, should we avenge this on that traitor of a congressman who asked people to boycott arizona? that is as wrong as you can get without it being a crime. no one was petty enough to go after him from the right. if anything this shows how low, and how desperate the left has become.
whatever the outcome, we can not allow the manipulation of obscure legislation to be so misused for purely partisan reasons.
the law must be changed.

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