Third-party candidate for Arizona governor can stay on ballot, judge rules

In a new ruling, Maricopa County Superior Court Judge Michael Mandell said even Lytle conceded he does not "reside'' at a UPS store where he gets mail that he listed as his residence on nomination papers. That "did not strictly comply with the literal requirements'' of state election law, the judge said. 

But Mandell said the legal test in Arizona for kicking someone off the ballot is whether their nomination papers and petition "substantially complied'' with the law. He said that is the case here.

"The court finds that the address used in the nomination papers would not confuse or mislead electors concerning Mr. Lytle's eligibility to run for governor,'' the judge wrote.

He suggested it might be one thing if Lytle were running for the Legislature or some city office. That's a situation where it is important to know if candidates live within the area they intend to represent.

Lytle, however, is running for the statewide office of governor.

"There is no dispute that Mr. Lytle has been an Arizona resident for many years, that he resides in Maricopa County, and that he satisfies the constitutional and statutory residency requirements for governor,'' Mandell wrote. "The purpose ... for the statutory address requirement — ensuring that the candidate resides in the jurisdiction he seeks to represent — is fulfilled here.''

The judge also noted that the address he listed — that UPS store on Hayden and Indian Bend roads — is in Scottsdale, and Lytle's actual address is also in north Scottsdale.

"He was the only registered voter in Arizona with that name throughout the campaign,'' Mandell wrote. "No evidence in the record suggests that signers were confused about who was seeking nomination or about whether he met the residency requirements for governor.''

Craig Beckman, listed as the plaintiff in the lawsuit seeking to disqualify Lytle, has the opportunity to appeal.

There was no immediate response from Beckman's attorneys.

Beckman is a regular contributor to the Arizona Democratic Party and Democratic candidates.

The attorneys who are representing him, and their firm, Coppersmith Brockleman, have represented incumbent Gov. Katie Hobbs in the past. Attorney Austin Yost defended Hobbs in a 2022 election challenge, and Bo Dul was the governor's chief counsel before going to work for the law firm.

Lytle's candidacy could be a concern for Hobbs because, even if he did not win — a third-party candidate has never won statewide office in Arizona — he has the potential to siphon votes from the governor. She won her 2022 election by just 17,117 votes.

Hobbs, asked directly about any role her campaign played in the challenge to Lytle's candidacy, said she doesn't comment on pending litigation. 

Her campaign spokesman, Michael Beyer, said the ruling changes nothing. "We are confident Gov. Hobbs will win this race,'' he said.

There is no guarantee Lytle will be the No Labels nominee. He faces a challenge from Terri Ann Hourihan, who also wants to be the party's standard bearer.

Hourihan had her own lawsuit to try to keep Lytle off the July 21 primary ballot, alleging he did not submit enough valid nominating petition signatures. But Mandell dismissed that claim last week for lack of evidence.

In any event, Hobbs will be facing off in November against either Andy Biggs or David Schweikert, both members of Congress, who are vying to be the Republican nominee.