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.