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Mitchell out! New LD 13 candidate to be chosen by 5 pm & Update

Wednesday, September 19, 2012 21:11
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(Before It's News)

After hearing testimony regarding questions concerning his actual place of residency, Maricopa County Superior Court Judge Robert Oberbillig ruled yesterday that Darin Mitchell is ineligible to remain on the General Election ballot.  Mitchell doesn’t live in District 13, the district he is running to represent and where he was a winner in the three-way Republican Primary.

A challenge to Darin Mitchell was filed by state Rep. Russ Jones of Yuma. Jones lost the Republican primary to Mitchell and state Rep. Steve Montenegro. Each state legislative district has two House seats and one Senate seat.

In a precedent setting meeting to be held at 2:00 p.m. this afternoon, elected Precinct Committeemen in the newly configured Legislative District 13 will select a candidate to replace Mitchell on the November 6 ballot.

They will be plowing new ground, since there is no state statute specifically covering the current circumstances — which have not previously occurred in the history of the state. Timing is a critical factor, as counties begin printing ballots at 5:00 p.m. today.

No Democrats filed to run in the Republican dominated district.

In the primary election Steve Montenegro captured 7,332 votes; Darin Mitchell won 5,921 votes and Russ Jones came in with 3,456.

 UPDATE:

Although a Maricopa County Superior Court judge on Monday ordered that Darin Mitchell be removed from the ballot after hearing testimony from those who said the Republican House candidate did not live in the district where he was elected — the Arizona Supreme Court today reinstated Mitchell — just minutes before elections officials began printing ballots for the General Election.

Mitchell will stay on the ballot, but his legal problems continue to dog him. State Rep. Russ Jones, who finished last in the three-way primary to send two Republican House candidates to the general election, is determined to keep up his legal fight.

The Arizona Supreme Court rejected Jones’ emergency petition to block state House candidate Darin Mitchell from appearing on the November ballot. Mitchell’s name will appear even if he is ultimately disqualified based on evidence that he lives outside his district.



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