Reyes v. Cuming (1997) Ariz. SC
Ryan Heath (@Ryan_L_Heath) uncovers Reyes v. Cuming, and files mandamus against Judge Thompson which should force a a new election between Kari Lake and Katie Hobbs.
In Reyes v. Cuming, 952 P.2d 329 (1997) 191 Ariz. 91, the Arizona Supreme Court was faced with a contest of a general election for a seat on the Yuma County Board of Supervisors. The contest was brought by Marco A. (Tony) Reyes, the contestant-appellant, against Clyde Cuming, the contestee-appellee.
The general election was held in November 1996. Reyes received the most votes among the early ballots cast, but after the absentee ballots were counted, Cuming emerged as the winner, leading Reyes 1861 to 1838.
The case centers on the handling of absentee ballots, which were used in the general election. Reyes alleged that the absentee ballots were mishandled, which resulted in a large number of invalid votes being counted. He also alleged that certain individuals were allowed to vote illegally, and that the county recorder had improperly rejected valid ballots.
Reyes argued that the mishandling of the absentee ballots was sufficient to change the outcome of the election and that he was the rightful winner.
The trial court considered the evidence presented by both parties and found that there was no evidence of mishandling of absentee ballots, however, it was found that the County Recorder, who is responsible for handling and counting the absentee ballots, had not compared any of the signatures on the outside of the absentee ballots with the registration lists, as required by statute. This is a violation of Ariz.Rev.Stat. Ann. (“A.R.S.”) § 16-550(A)(1996).
The purpose of this statute is to ensure that only registered voters are able to cast absentee ballots and to prevent fraud. By failing to compare the signatures on the outside of the absentee ballots with the registration lists, the County Recorder failed to properly verify the identity of the voters who cast the absentee ballots. This failure could have potentially allowed unregistered individuals to vote in the election, which would compromise the integrity of the electoral process.
The court also considered the testimony of a handwriting expert which concluded that several of the signatures on the absentee ballots did not match the signatures on the registration lists. Based on this and other evidence, the trial court concluded that the County Recorder had improperly rejected valid ballots. The court ordered that these ballots be counted and Reyes was declared the winner.
The Arizona Supreme Court upheld the trial court's decision, stating that the county recorder had improperly rejected valid ballots and that these ballots should have been counted. The court found that the mishandling of these ballots was sufficient to change the outcome of the election and that Reyes was the rightful winner.
The court emphasized the importance of ensuring that all valid votes are counted in an election and that the integrity of the electoral process is maintained.
The court also stated that the rejection of valid ballots, without proper cause, undermines the public's confidence in the electoral process.
The case emphasizes the need to follow statutory requirements, such as comparing signatures on the outside of the absentee ballots with the registration lists, to prevent fraud and ensure the integrity of the electoral process. The court's decision serves as a reminder that failure to follow proper procedures when handling and counting ballots may compromise the integrity of the electoral process and may impact the outcome of the election.
Heath v. Thompson (current filing) Case No.: CV-23-0002 Maricopa County Superior Court Case No. CV 2022-095403 can be viewed here: https://t.co/Ucy5LxiSaJ
See Reyes v. Cuming, 952 P. 2d 329 - Ariz: Court of Appeals, 1st Div., Dept. A 1997:
https://scholar.google.com/scholar_case?case=18235321209644713468&q=REYES+v.+CUMING+&hl=en&as_sdt=2006
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