Third-party candidate for AZ governor can stay on ballot, court rules

Chief Justice Ann Scott Timmer said state law requires those who want to run for office to list their "residential address.'' She said there are exceptions, such as for those who are in an address confidentiality program or if the candidate does not have a home address. Neither is the case here.

But Timmer, writing for the court, said Arizona law requires only "substantial'' compliance by candidates with the requirements for such paperwork.

In this case, she pointed out, Lytle listed a private post office box at a UPS store, located about 12 miles from his home, as his address. She also noted this was not a new development since he decided to enter the political arena, as he has used the same post office address for his business for about 12 years.

There's also the fact that this isn't a situation where someone running for legislative or local office uses an address in that district but doesn't actually live within it. Lytle affirmed, as required by law, that he meets all the requirements to run for governor, including being old enough, and declared under perjury that he is a resident of the state, running for statewide office.

"Based on the record here, candidate's use of the business address in the same city and county in which he resides was unlikely to confuse or mislead the thousands of people who signed candidate's nomination petition for statewide office,'' Timmer wrote.

She also said that when Lytle filled out his paperwork — including listing the post office box as his "residential address'' — he signed it "under penalty of perjury.'' But the justice said that was not a material misstatement that would trigger such a penalty.

"There is nothing in the record to suggest that candidate is not so qualified for statewide office,'' she said.

The legal challenge was mounted by Craig Beckman. While the motive for the lawsuit was never mentioned in court — and is legally irrelevant — public records show Beckman has been a contributor to the Arizona Democratic Party as well as to Democratic candidates. He was also represented by a law firm that has done work for incumbent Democratic Gov. Katie Hobbs.

Lytle, if he gets the No Labels nomination, would be running as a minor party candidate. But, if nothing else, he could draw off enough votes to become a "spoiler'' if Hobbs is in a close race for her reelection.

Timmer acknowledged claims by Beckman that a ruling allowing a candidate to use an address other than an actual residence could be abused. In fact, his attorneys argued that someone could use "a law firm, an amusement park, a movie theater, a FedEx store or any other commercial address.''

"To be sure," Timmer wrote, "candidate would flirt with disqualification if the candidate gave a bogus address with the intent to mislead different factions to gain political advantage in the course of seeking nominating petitions,'' she wrote.

"However, in this case, we do not see how using an established business address in the same city and county would lead to confusion and are not persuaded that differing zip codes and legislative districts would matter to the people who supported candidate's efforts in his race for statewide office,'' Timmer continued. "There is also no evidence in this record that candidate intended to mislead or confuse his supporters.''

Monday's ruling only means that Lytle's name will be on the No Labels Party ballot as a candidate for governor in the July 21 primary. He still has to win the race against Teri Ann Hourihan, who also hopes to be the party nominee.

The survivor will face off against not just Hobbs but whoever survives the GOP primary fight. That is mainly between Andy Biggs and David Schweikert, both currently members of Congress, but with nominating papers also filed by Ken Piceli and Scott Neely.

Also in the running is Green Party candidate Risa Lombardo.