Judge rejects Barber's request to count 133 ballots

On Thanksgiving, U.S. District Judge Cindy K. Jorgenson refused to issue a temporary restraining order that would delay the final certification of the vote on Monday and order county elections officials to certify and potentially count 133 ballots.

In a 15-page decision responding to the Barber lawsuit, Jorgenson rejected arguments made in federal court on Wednesday that there is evidence election officials in Pima and Cochise counties lacked consistent standards when handling ballots, demonstrating arbitrary and disparate treatment.

“While the court is not unsympathetic to the plight of individual voters whose ballots may have been improperly rejected, the Court finds that plaintiffs have not met their burden to show pervasive error that undermines the integrity of the election,” Jorgenson wrote.

Barber trails Republican Martha McSally by 161 votes. An automatic recount is planned for next month.

Jorgenson noted that even if she had allowed the ballots to be counted, it would not be sufficient to change the outcome of the election.

The judge wrote that the Barber campaign’s “allegation of irreparable harm is speculative at this juncture. Even if all 133 votes are counted, it is undisputed that Martha McSally wins the election because she leads by a margin of 161 votes at this time.”

The Secretary of State’s Office is expected to certify the election results on Monday, which will then lead to an automatic recount in CD2.

Jorgenson added she was concerned how delaying the certification could disrupt plans underway to begin the recount.

“The court finds that the hardship to Defendants and the electorate of the Second Congressional District outweighs the hardship to Plaintiffs,” she wrote.

The Barber campaign unsuccessfully attempted to get both the boards of supervisors in Pima and Cochise counties, as well as the Secretary of State’s Office, to voluntarily count rejected ballots.

It launched a social media campaign over the last two weeks, highlighting a number of voters who have seen their ballots rejected holding signs with the slogan “#CountMyVote.”

Kyle Quinn-Quesada, Barber’s campaign manager, said the decision leaves more than 130 voters out in the cold.

“While we are disappointed in the court’s decision, we remain committed to ensuring that Southern Arizonans are able to trust the integrity of this election, and we thank the voters who not only took the time to vote in this election, but who came forward to ask that their voices be heard,” Quinn-Quesada wrote. “We look forward to an open and transparent recount that will allow all Arizonans to have confidence in the final outcome of the election.”