The battle over the Republican primary in Arizona’s 5th Congressional District continued in court on Thursday. A judge heard arguments for and against the inclusion of rejected ballots in the razor thin election.
Only nine votes separate Senate President Andy Biggs and former Go Daddy executive Christine Jones. The Jones campaign sued the secretary of state over the election, attempting to delay the certification of the vote tally. At a preliminary injuction hearing Thursday, Jones' attorney Joe Kanefield argued many ballots were tossed that could change the outcome.
“At least 24 votes should be counted and we are asking the court to order that the county open those ballots up and count them and add them to the final canvass,” Kanefield said.
Maricopa County Superior Court Judge Joshua Rodgers heard from several witnesses who had their ballots thrown out for voting at the wrong polling location.
Tonia Tunnell, a Maricopa County assistant elections official, testified that she trains poll workers in accordance with the Help America Vote Act, which requires poll workers to offer a provisional ballot even if a voter shows up at the wrong polling place. But Arizona state law prevents ballots cast in the wrong precinct from being counted.
Other voters like Taylor Tometich had their early ballots tossed after being flagged for an irregular signature. Voter signatures are checked against their voter registration cards. But, like a lot of people, Tometich’s signature has changed over time.
“The one when I was 18 was cute and bubbly," Tometich said. "Now I’m in my mid-20s, and I’m scribbly now."
Judge Rodgers told the court he will have a ruling on the injunction Friday morning. Maricopa County will then have until the end of the day to transmit final vote tallies to the secretary of state for certification.