State of Arizona

Arizona 22nd State Senate District Election Contest

Busch v. Diaz

Election contest filed by an Arizona voter against Eva Diaz, a Democratic write-in candidate for the 22nd state Senate District, Arizona Secretary of State Katie Hobbs (D), the Maricopa County recorder and the Maricopa County Board of Supervisors alleging that the defendants “improperly counted the votes for State Senate legislative district 22 election.” The plaintiff argues that under Arizona law, if a voter votes for two people, that is considered an “overvote” and the vote should not be not tallied for anyone. The complaint alleges that “if a voter voted for both Diego Espinoza, the withdrawn candidate, and a lawfully registered write-in candidate, Maricopa County counted this as a vote for the write-in candidate, even though under Arizona law it is clear that this is an overvote that should not count for any candidate.” The plaintiff further claims that the defendants erroneously counted “overvotes” and demands a writ of mandamus (a court order compelling a party to take a certain action) ordering the defendants to properly tally the votes cast in the 22nd state Senate District. On Nov. 30, the plaintiff voluntarily dismissed the lawsuit.

Case Documents

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