Judge: AZ presidential preference vote can be challenged

PHOENIX — A judge on Monday ruled it’s legal to challenge last month’s presidential preference election.

Maricopa County Superior Court Judge David Gass said it remains to be seen whether the Tucson man, John Brakey, contesting the election — and seeking to void the results — can prove his case that the things that went wrong merit voiding the vote.

During the first day of hearings Monday, Assistant Attorney General James Driscoll Maceachron, defending Secretary of State Michele Reagan, told the judge that Arizona law allows someone to contest the outcome of a political primaries between candidates. Ditto, he said, if the issue is something like an initiative or bond election.

But he said there is no authority to challenge the state’s presidential preference election, which is neither a primary in the traditional sense nor a ballot measure.

http://tucson.com/news/local/govt-and-politics/elections/judge-az-presidential-preference-vote-can-be-challenged/article_8cd8fa0b-e5d4-523d-8918-ca7bb217dee9.html