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Try, try again

Due to defects in serving the complaint, the Superior Court of Pima County, Arizona, has dismissed Kenneth Allen’s ballot challenge against Barack Obama, the Pima County Elections Department and the Democratic Party. Judge Richard E. Gordon, while dismissing the complaint also ordered that Allen may essentially start over with an amended complaint, except he will not be required to pay another filing fee.

What Allen had done was instead of serving the complaint, he just put it in certified mail and asked the defendants to waive service by signing a form and sending it in. The judge said that the loose time constraints associated with this type of service were incompatible with the tight time frames in the rules for hearing ballot challenges. The judge, however, allowed the suit to be re-filed – something also incompatible with the usual urgency of election challenges – because there was "no impending election involving Barack Obama." Arizona Democrats will not hold a primary this year – caucuses on March 31. It would seem, therefore, that Allen’s suit, if re-filed, would be dismissed because it is premature for the general election.

2012-02-24 – AZ – ALLEN v OBAMA ORDER Dismissing Complaint Wo Prejudice

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2 Responses to Try, try again

  1. avatar
    Lupin February 25, 2012 at 4:02 am #

    Sisyphus was a piker compared to the birthers.

  2. avatar
    Rickey February 25, 2012 at 2:10 pm #

    “It would seem, therefore, that Allen’s suit, if re-filed, would be dismissed because it is premature for the general election.”

    That’s an excellent point. Technically Obama isn’t even a candidate in Arizona at this point, and he won’t be until after the Democratic convention.