Law firm plans to appeal ruling that keeps Huppenthal on ballot

John Huppenthal (file photo)

A law firm associated with Arizona Democratic Party will appeal a June 17 court decision that threw out the case against Sen. John Huppenthal, a Chandler Republican who is running for Superintendent of Public Instruction.

“We believe that the remedy we requested in our verified complaint is an appropriate remedy, and we are appealing the court’s ruling in that regard to the contrary,” said Craig Morgan, an attorney with Perkins Coie Brown & Bain.

Once filed, the appeal goes directly to the Arizona Supreme Court, which is expected to immediately act on the case.

In his ruling, Maricopa County Superior Court Judge Robert Oberbillig said Huppenthal violated election law when he circulated nominating petitions before forming a campaign committee.

But he refused to invalidate the signatures Huppenthal gathered and submitted to be on the ballot.

The plaintiffs had argued the signatures should be tossed and the candidate struck from the ballot.

Oberbillig said the penalty for the violation is limited to a civil fine under state law. The fine can be up to $1,000, which the judge also did not impose.

The judge said that even if invaliding the signatures was an option under the law, the plaintiffs failed to meet the burden of proof to establish their “entitlement to the harsh remedy of an injunction precluding otherwise valid signatures from being counted.”

Also intertwined in the case was candidate Bob Thomas, a Republican running for the Senate in District 15. The law firm also alleged his signatures should be tossed because he gathered them before establishing a campaign committee.

The judge also ruled to keep Thomas on the ballot. That ruling also is being appealed.