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Russell Pearce Recall: Lawyers File Emergency Motion to Delay Judge's Ruling (w/Update)

Will Judge Burke delay a decision in the Cortes case? Stay tuned.
Will Judge Burke delay a decision in the Cortes case? Stay tuned.

UPDATE: Judge Burke has just ruled thrown out the complaint, despite this 11th hour effort by Wright and Ryan. Will post decision shortly.

UPDATE 2, 1:30 PM: You can read Burke's ruling, here.

CORRECTION: The judge denied a request for a temporary restraining order. The lawsuit is still alive, though Cortes will remain on the ballot.

With local reporters and politicos on tenterhooks awaiting Judge Edward Burke's ruling in the lawsuit aimed at throwing recall sham candidate Olivia Cortes off the November 8 ballot in Legislative District 18, attorneys Tom Ryan and H. Michael Wright have filed an emergency motion seeking to delay Burke's decision until more evidence can be introduced.

"Because of the publicity from [Thursday's] hearing, people have started to come forward," explained Ryan, who along with Wright brought the complaint on behalf of an LD 18 voter. "We're getting closer and closer to the Pearce camp and Querard."

That's state Senate President Russell Pearce, of course, the man being recalled, and Constantin Querard, the Republican political operative many believe to be behind Cortes' diversionary candidacy. 

Querard heads up the independent expenditure fund Arizona Deserves the Best, and he spearheaded the review of the petition signatures submitted by Citizens for a Better Arizona, which forced the recall.

Burke announced after Thursday's hearing that he would rule today. This, after testimony from Cortes and various die-hard Pearce supporters who helped circulate nomination petitions to put her name on the ballot. 

In that same hearing, a paid petition circulator from the company Petition Pros testified that the purpose of Cortes' candidacy was to pull votes from Pearce's main rival Jerry Lewis, leaving Pearce the victor. Though Pearce's supporters denied this was the case.

I'm trying to get a copy of the motion from the court, and will post it if and when I do.

More on this developing story as I get it.

UPDATE: Judge Burke has just ruled thrown out the complaint, despite this 11th hour effort by Wright and Ryan. Will post decision shortly.

UPDATE 2, 1:30 PM: You can read Burke's ruling, here.

CORRECTION: The judge denied a request for a temporary restraining order. The lawsuit is still alive, though Cortes will remain on the ballot.


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