Law firm appeals to remove Huppenthal from ballot

Sen. John Huppenthal, a Republican candidate for state superintendent of public instruction, survived a legal challenge seeking to strike his name from the ballot for collecting petition signatures before he filed a campaign committee. But lawyers associated with the Arizona Democratic Party have appealed that ruling. (File Photo)

A law firm associated with the Arizona Democratic Party is appealing a court ruling that threw out a complaint seeking to remove Sen. John Huppenthal from the ballot for Superintendent of Public Instruction.

Lawyers with Perkins Coie Brown & Bain filed a legal brief with the Arizona Supreme Court on June 24, arguing once again that the Chandler Republican’s signatures should be tossed and the candidate struck from the ballot because he gathered petition signatures before forming a campaign committee.

“Election law violations jeopardize the integrity of Arizona’s election system and undermine voter confidence in the system,” the plaintiffs wrote. “(Only) an injunction against those who violate election laws can properly safeguard the system from abuse and manipulation.”

In a June 17 ruling, Maricopa County Superior Court Judge Robert Oberbillig said Huppenthal violated election law when he circulated petitions before forming a campaign committee, but he refused to invalidate the signatures.

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 the “entitlement to the harsh remedy of … precluding otherwise valid signatures from being counted.”

The plaintiffs argued that a fine is inadequate, saying it’s well settled that the proper way to challenge a nominating petition is to prevent a candidate’s name from appearing on the ballot.

But Huppenthal’s lawyers argued that the court did not err in saying the proper remedy is a civil fine because the law in this case sets the penalty for a violation.

“Again, disqualification of a candidate, or disqualification of voter signatures, is not a permissible penalty . . .” his lawyers wrote.

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.

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

Court rulings are expected no later than June 28, according to Rhonda Barnes, an attorney with the law firm.