Ariz. Supreme Court: Huppenthal stays on 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. (File Photo)

Sen. John Huppenthal, a Republican who is running for Superintendent of Public Instruction, survived another court challenge and will stay on the ballot.

The Arizona Supreme Court June 28 affirmed the finding of a trial court, which ruled that Huppenthal and Bob Thomas, a Republican who is running in Legislative District 15, broke the law by collecting petition signatures before forming campaign committees but stated that kicking them off the ballot was not an allowable penalty.

“Based on the court’s review of the record, the pleadings in this case and the applicable law, it is ordered affirming the judgment of the (Maricopa County) Superior Court,” Justice Michael Ryan wrote.

A detailed written decision will follow.

“The court got it 50 percent right,” said Jennifer Johnson, Arizona Democratic Party spokeswoman. “Both the lower court and the Supreme Court ruled that Huppenthal broke the law. The problem is they didn’t leave us with an adequate remedy.”

Lawyers associated with the Arizona Democratic Party had appealed the Superior Court ruling.

They argued in their brief to the Supreme Court that a monetary penalty is inadequate. They added it is well settled that the proper way to challenge a petition is to seek to prevent a candidate’s name from appearing on the ballot.

The ruling ensures that Republicans will have one of their strongest candidates in Huppenthal for the superintendent’s race.

“Right now, I have a complete victory of over the Democrats,” he said.

The ruling also means that Democratic Rep. Kyrsten Sinema will not go unchallenged in the District 15 Senate race, though that district is heavily Democratic.

The Supreme Court on June 28 also affirmed the decision of a trial court in a case that sought to throw Republican candidate Joseph Sweeney, who is running in Arizona’s 7th Congressional District, off the ballot.

Rival Republican candidate Ruth McClung’s husband, Michael, had filed a challenge against Sweeney, alleging that 282 of his 577 signatures were invalid. The trial court denied the McClung’s complaint.