Lawsuit over CD-2 ballots settled out of court - Tucson News Now

Lawsuit over CD-2 ballots settled out of court

Source: Pima County Communications Office Source: Pima County Communications Office
TUCSON, AZ (Tucson News Now) -

A week after voters went to the polls, two Arizona races are still undecided.

In Congressional District 2, the latest returns give Democrat Ron Barber an 830 vote edge over Republican Martha McSally.

But there are still tens of thousands of ballots left to be counted in Pima and Cochise County.

The fate of about 130 ballots ended up in court, after a supporter of Martha McSally questioned how these ballots are being handled.

The lawsuit states that election workers mishandled these ballots by not sealing them properly. Tucson News Now reached out to both Martha McSally and Ron Barber today for a comment.

"It seemed like a valid concern from our end to protect the integrity of the elections," said Bruce Harvie. 

Martha McSally released this statement today: "Many have laid down their lives to protect our freedom and right to vote.  The integrity of our elections is the cornerstone e of our democracy."

We reached out to Ron Barber's campaign for a comment- they did not return our calls. Barber campaign manager Jessica Floyd released this statement earlier today. "Throwing away the voters of southern Arizonans is wrong and unacceptable."

The lawsuit comes at a tense and busy time, in Pima County 40 workers have been diligently processing ballots since 7 a.m.

In 12 hours officials say they processed 2,300 provisional ballots in Pima County but there's still a long way to go.

"This year has been taxing for our office," said F. Ann Rodriguez.

A presidential election then a tight race that has been going back and forth almost everyday, it's literally down to the wire with so much at stake.

Republicans and democrats are closely observing the process. Each side has three observers in the recorder's office watching closely as the ballots are processed.

"What they can do is walk around with staff.. look over shoulders.. look at the computers and take notes," Rodriguez said. 

The lawsuit in Cochise County has been settled out of court for now. Tucson News Now has been told the 130 ballots will be counted but set aside in case they need to be challenged at a later date.

The recorder's office will be back in business processing ballots starting tomorrow at 7 a.m., they hope to be done by Friday.

Copyright 2012 Tucson News Now. All rights reserved. 

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