Russell Pearce Recall: Judge Allows Olivia Cortes to Stay on Ballot

cortes555.JPG
oliviacortes.com
Because of the complaint, everyone now knows Cortes is a tool of Pearce supporters

Despite an 11th hour motion asking for a delay in a ruling in the lawsuit aimed at sham recall candidate Olivia Cortes, Maricopa County Superior Court Judge Edward Burke denied the plaintiff's application for a temporary restraining order, leaving Cortes on the November 8 ballot in Legislative District 18.

In his decision, Burke concluded that Pearce's supporters put Cortes on the ballot in order to peel off votes from state Senate President Russell Pearce's main opponent, Republican Jerry Lewis. 

However, he found no outright fraud, and so Cortes remains a candidate for public office, even though she doesn't seem to know her ear from her elbow.

Burke wrote:

Although the court finds that Cortes was "recruited" to run by Western, at the behest of Pearce supporters, to divert votes from Lewis for Pearce's benefit, this court is not convinced that courts should examine and be the final arbiter of the motives political candidates may have for running for election, unless they jump out at one...Mediating against a finding of fraud is that at least the paid petition circulators were clear about their intent when asked how signing the petition would affect Pearce. The fact that nothing was hidden by theses petition gatherers makes it difficult for the court to find fraud.

Cortes testified that she now intends to campaign, has a website, gave one interview to the press on September 27, 2011, and plans to appear at a candidates' forum this week. Whether that is because of her desire to serve in the Arizona Senate or because plaintiff has alerted her, only she knows for sure and it is not this court's job decide this case by speculating on her motive.

The court assumes that candidates have run for office for less than the noble motive of serving the public, which could include getting a better paying job, pension benefits, achieving a position of perceived importance, boredom, or no reason at all. Divining candidates' motives and acting on them is more properly the role of the voters. Plaintiff's remedy is through the ballot box and not the courts.

The judge also pointed out that, 

"Two citizens have already voted. By the time new ballots could be printed and mailed to military and overseas voters, more may have voted. The court cannot take the chance that any voter will be disenfranchised by its ruling.A concomitant right of our citizens is to run for elective office without having their motives examined by the court absent a clear case of fraud."

(You can read Burke's ruling, here.)

That's the bad news. The good news is, the lawsuit was not dismissed. In fact Cortes' lawyer's motion to dismiss the complaint was denied.

Therefore, if attorneys Tom Ryan and H. Michael Wright, and their client LD 18 voter Mary Lou Boettcher, decide to keep the suit active, they can, and they can continue to do discovery, and continue to expose Cortes' candidacy as a sham and link her candidacy directly to Pearce's campaign.

Ryan didn't want to comment until he had a chance to read Burke's ruling. And he wasn't ready to say whether or not he would appeal the judge's decision.

Whatever happens from this point on, the suit has already been a success. It's forced Cortes out of hiding, and made plain to all of the media and the public that she is a diversionary candidate, meant to dilute the vote and assist Pearce in defeating Lewis, even if Cortes herself is too dumb to realize it.

Those opposed to Pearce and the dirty tricks he and his followers are engaged in owe Wright and Ryan thanks. They've taken on this cause pro bono, in the interest of unveiling the deception and underhandedness of Pearce and the Tea Party. 

I hope they continue the fight. At least until November 8, if not beyond.

UPDATE: There's a telephonic conference tomorrow with the judge and the lawyers. We should know if the lawsuit proceeds sometime after that meeting concludes.

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104 comments
La Xica
La Xica

She (Olivia Cortes) doesn't like Russell Pearces' stands on illegal immigration?

Than what the h!ll was she doing at the AZ State Capitol supporting Russell Pearce's anti- immigration legislation alongside the Tea Party. I was witness to her doing so, she struck me as a mean old lady.

Guest23
Guest23

Attys Ryan and Wright should be asking cortes about this on the stand on Friday. You should contact them and volunteer to be a witness to cortes attending this tea party attended event.

LiberalSmasher
LiberalSmasher

The recall signatures were collected by a shadowy organization calling itself “Citizens for a Better Arizona.” Its website “About Us” page does not include a single real name, only a vague description. The recall organizer is Randy Parraz, a labor organizer who ran the Arizona AFL-CIO a few years ago and who also worked for the national AFL-CIO for eight years. According to the Huffington Post, “In the fall of 2007, Randy returned to Arizona and began work in the housing industry as a political organizer for the Laborers’ International Union of North America.” Parraz has also worked as a community organizer with Dallas Area Interfaith, an affiliate of the Industrial Areas Foundation (IAF) founded by none other than Saul Alinsky. Parraz started the Student Institute for Social Change, a left wing organization. He ran as a Democrat against Senator John McCain in 2010 and finished last in the race. He co-founded the innocuous sounding “Maricopa Citizens for Safety and Accountability,” which appears to exist solely to bash Sheriff Joe Arpaio. Parraz was arrested in 2008 for disorderly conduct and criminal trespassing due to his conduct protesting Sheriff Arpaio. Afterwards, he turned around and sued the county for $500,000. He cites the Marxist book “Pedagogy of the Oppressed” as one of his favorite books.Since Pearce is Mormon and represents a heavily Mormon populated district, the left purposely sought out a Mormon candidate to run against him. Parraz brazenly admitted to the Arizona Republic that he wanted to find a Mormon who was a Republican to challenge Pearce. Parraz admits the recall isn’t motivated by Latinos angry about SB 1070, stating that most of his volunteers are “white people over the age of 50,” and that most of the people who signed the recall petitions were over age 50. This reveals what most conservatives have suspected all along; the opposition is mostly coming from white, aging hippies.The main candidate being set up to run against Pearce, Jerry Lewis, is careful not to sound too liberal and claims that he is a Republican. But if what he writes on his website is examined closely, it is clear he is no conservative. On the Issues page of his website, he reveals his big government side, “Certainly hard economic times demand that we all tighten our belts and eliminate non-essential spending in an informed manner. However we must not be hostile to local governments in doing so.”Lewis does not take a conservative position on illegal immigration, and uses the language that many open borders proponents use. He writes on his website, “While the federal government fulfills its responsibility to secure the border, I support a rational and fair solution for dealing with immigrants who have committed no crime other than being here without proper documentation. Reasonable, enforceable and sustainable immigration reform must be guided by principles of maintaining national security, respecting all humanity, preserving families, enforcing the rule of law, and weighing economic impact.” He goes on to say that it is the federal government’s responsibility and that we need to move beyond “polarizing, contentious and fear-based rhetoric.”The problem with saying it is the federal government’s responsibility is that the federal government has abdicated its duties in this area. States like Arizona which have the highest rates of illegal immigration in the country have been forced to step up and fill in the void with laws like SB 1070.The left is using classic Saul Alinsky tactics to demonize and smear Pearce. This is no coincidence considering Parraz’s association with Alinsky’s IAF. Those defending Pearce have been viciously attacked online. The left brings up red herrings in order to discredit Pearce, such as diverting attention to whether his campaign signs were improper and threatening lawsuits over it.Pearce is not the only conservative politician in Arizona being attacked for combating illegal immigration with Alinsky tactics. Sheriff Joe Arpaio is constantly under attacks taking the form of investigations and lawsuits, which are trumpeted in the media nonstop, even though most of them never go anywhere. The Arizona State Bar is trying to disbar former Maricopa County Attorney Andrew Thomas, known for his aggressive efforts fighting crime-related illegal immigration. The Maricopa County Republican Party Executive Guidance Committee issued a resolution this month denouncing the Bar’s prosecution, calling it a political witchhunt.The left’s Alinsky strategy to ruin the reputation of conservative politicians against whom they have no real case is to use innuendos. The left-leaning media assists them by making groundless lawsuits front page news and relegating their dismissals to the obituary pages. The left then sues Arizona government claiming abuse from these politicians, demanding millions of dollars from taxpayers, which gets spun in the media as the conservative politicians’ fault for wasting money.Only 7,756 signatures were required to force a recall election, something that was easily accomplished by the paid signature-gathering company. Pearce’s supporters allege that some of the signatures were fraudulent and filed a lawsuit to stop the recall election. The Arizona Supreme Court will consider the challenge this week on September 13. The election is November 8, although early ballots go out October 15 and voters in a race with candidates this starkly different tend to vote right after receiving their ballots.Even if Arizona voters are not thrilled with Pearce for whatever reason, they are not going to turn instead to someone considerably more liberal who was helped into office by the radical left. Pearce is not an “extremist” on the right as the left is trying to portray him. For example, Pearce does not advocate for laws requiring the rounding up and deporting of all illegal immigrants, something that might be considered a more radical position on the right.Despite their deep pockets and Alinsky tactics, it will be tough for the left to defeat Pearce. He easily won election in 2010, and has won elections in his district 16 times. He beat off a challenge recently by Rep. Jeff Flake’s brother-in-law with a 2-to-1 margin. Pearce’s district, located primarily in Mesa, is safely Republican, with 26,000 Republicans, 21,000 Independents and only 18,500 Democrats. No Arizona legislator has ever been successfully recalled. The presence of a third candidate on the ballot will take votes away from Lewis. Pearce has powerful supporters including former Congressman Tom Tancredo and Bay Buchanan, who served as U.S. Treasurer under President Reagan. They have formed a Committee to Oppose the Recall of Russell Pearce. A Mesa school bond vote that was scheduled to be on the November ballot with Pearce was shelved, reportedly over fear the election would bring out more conservatives to vote for Pearce who would not normally show up to vote against the bonds.Nationwide, 60% of voters support SB 1070. That number is even higher even Arizona, where 70% of voters support SB 1070. One of the principles Pearce always emphasizes is the rule of law. Arizona voters in his district know that selectively not enforcing the law against certain preferred groups of people leads to chaos.

Guest23
Guest23

Heh, more unattributed and therefore plagiarized work from rachel alexander, the disgraced attorney that was part of the andrew thomas/aubuchon prosecution scandal that in all likelyhood from the way the proceedings are going will end up in thomas's and aubuchons BAR licenses to be stripped away and alexanders BAR license suspension.

So just your run of the mill fringe right wing propaganda.

Liberalsmasher is not at all that bright as he/she has been spanked for this kind of plagiarism once already and here they are again doing the same thing. These mental midgets never learn.

TeoBuneo
TeoBuneo

You poor sad delusional soul. You belong in the rubber room at the State hospital getting treatment for your psychosis.

LiberalSmasher
LiberalSmasher

That's mean Teo. You remind me of another rude liberal: Jared Loughner. I hope you don't hurt your liberal buddies like he did.

Norma
Norma

Not only is Ms. Cortes letting Pearce use her, but she should be ashamed to enter her Church.  She's a big girl and knows what she's doing.  Shame on her.

LiberalSmasher
LiberalSmasher

Actually she is a patriot. Thanks to citizens like her, liberal filth will go back into the sewer where they belong.

Guest23
Guest23

Nah, this sort of crap from the right wing fringe just pisses them off and makes their cause more righteous to them but you nimrods are too stupid ti figure this out.

I figure independents like myself just see these sort of posts as ridiculous and the work of morons, but opinions vary with independents since they are a varied lot.

TeoBuneo
TeoBuneo

Oh, are you so lonely down in your filthy sewer abode that you will now even accept liberals? Sad!

LiberalSmasher
LiberalSmasher

Go back to panhandling Teo. If I see you trying to sell your foodstamps for beer money one more time... I swear... straight to the moon.

Bobunf
Bobunf

Oliva is actually quite small, and I really do not think that she knows what she's doing.

She really is a victim.

LiberalSmasher
LiberalSmasher

She is actually a leading citizen of Mesa. She just knows that liberals are filth sucking the government teat for all that it is worth. She, and other patriots, are on a mission to rid Arizona of liberal foodstamp abusers like yourself.

Guest23
Guest23

And this coming from a dishonest plagiarizer. Cortes is no leading citizen, hell she can barely speak a whole line of intelligable english.

With as many people out of work and there being so few jobs available, those people you think are liberal probably have no party affiliation, rarely think about politics and are too busy trying to keep a roof over their heads and food in their families mouths. Your fantasy of wide spread foodstamp fraud is a figment of your imagination according to recent studies. Your kind is the sort that cheered during a recent repu primary debate when the question of "should we let a man die because he can't afford medical care" as well as booing the gay military man who put his life on the line in service of this country and you. Your type are ignorant, souless and deserve the hell of your christian beliefs you are too hypocritical to follow in your day to day lives.

Gerry_C
Gerry_C

I am guessing that we will soon see an email blast that distances Russell Pearce from this mess, calling him a victim that just got caught in the crossfire.  Just like Scott Bundgaard was a victim when he beat up a girl.

Tommy Collins
Tommy Collins

Or, did he get beat up BY a girl? I have some colorful comments in that regard, but won't go there.....

Ramon
Ramon

This lady is a disgrace to all latinos.Her interview was a complete embarrasment!!  And in the same it shows  how the puppet master(Pearce) is behind the scenes.I really hope most voters have seen what this guy is willing to do.Open your eyes LD 18

LiberalSmasher
LiberalSmasher

I like her. I think a lot of voters will understand that this recall effort is a national liberal organization manufactured, funded, and manipulated recall. Nobody in Mesa wanted this. Most of the signatures are phony and those that did sign later said they had no idea what they were signing. This Cortes lady is a real patriot standing up to the liberal communists. Mesa voters will understand this and vote for Pearce. Unfortunately for liberals, this reelection of Pearce will be a national mandate for ridding this country of illegals.

Bobunf
Bobunf

No national liberal organization, no national organization of any type, has donated any money or any effort to the recall of Russell Pearce.  No national organization has given any instructions of any kind to the recall effort.  

David Saint
David Saint

lol whatever you are on right now, im guessing LSD or some other hallucinogen, you need to lay off of it for a bit..  

maxparraz
maxparraz

FYI: 95% of the sigs gathered to recall Pearce were Democrats (yes the names have all been run through a voter reg database). And when the sig gatherers encountered a Pearce supporter, they lied and said it was a petition to keep Pearce! But of course Lemmons won't dig into that angle, now will he.....

TeoBuneo
TeoBuneo

Sure like how you make up lies on the spur of the moment mb! But you fucked up with your second since the petition they signed stated quite clearly that signers were asking for a recall election of Russel Pearce and some of the reasons it is warranted. And who pray tell ran those names through this database and announced that 95% were Dems? Could this nonsense all just be another product of your fevered imagination?

Bobunf
Bobunf

Sanchez, there are only 18,500 registered Democrats in LD 18.  FYI if 95% of the 18,300 signatures that were filled were all Democrats, the recall committee would have had to get 94% of the Democrats to sign the petition and get their names turned in.   Look it up here:http://www.azsos.gov/election/... nothing but your instinct for nonsense, you should realize that the 95% number has to be bogus.  

"when the sig gatherers encountered a Pearce supporter, they lied and said it was a petition to keep Pearce!"  

That, of course, is more nonsense.  At the top of each petition, centered, in bold, all caps, and font size double that of any other printing on the petition were the words:

RECALL PETITION

That would give it away to anyone who can see, and I don't think blind Pearce supporters are a big voting block.

Also, Sanchez, it really is not good for your health or well-being to live in such a delusional state.  Unless you're just lying for effect and that's not good for you either.

Oblivious Cortex
Oblivious Cortex

how did Olivia get her green card in the first place? Is she a loyal conservative Republican because she benefitted from the Reagan amnesty? Did she marry an American just long enough to qualify for citizenship? Does she still vote in Mexican elections?

Guest23
Guest23

Who exactly executed this analysis?

Where exactly did they procure the list of all voter registrants and their party affiliation?

How did the procure the list of recall petition signatures?

Who verified what the signees were told?

What were the above persons names?

Do the companies that gather signatures normally release their employees names and contact info?

If you can't answer all the above you are full of sh*t.

But the fact is you are most likely anyway.

shadeaux14
shadeaux14

Mr. Lemmons won't "dig into that angle" because, unlike yourself, he is not delusional.

Vic
Vic

Another Pearce family member? They breed like cats,so which one are you or are you just one of those tea party idiots.  Go away.  

US War Veteran
US War Veteran

Over 10,000 phony signatures uh?? Im sure the people that validated those signatures wont apreciate you calling them either idiots that dont their jobs or cheats.

LiberalSmasher
LiberalSmasher

I think it's valid retribution against outsider liberals who've conjured up this recall nobody wanted, and the phony Mesa conservatives who produced a sham Republican candidate to run against Pearce.

Bobunf
Bobunf

23,000 people in LD18 gave their names, addresses and signatures to strangers in the effort to get Pearce recalled.  That's not "nobody."  And that's not "outsiders."

Tommy Collins
Tommy Collins

If nobody wanted the recall how could it possibly have happened? You really sound just like pearce, spewing his manure into a headwind...

Ramon
Ramon

Dont you have some where to go pound sand?

LiberalSmasher
LiberalSmasher

I just pounded your lips. And you loved it!

David Saint
David Saint

lol for someone who claims to be conservative, you sure do have some homosexual tendencies smasher...

JesusHChrist
JesusHChrist

You pounded your daddy's pud, and you liked it.

bobg
bobg

Nobody wanted this recall except the 10,000 voters who signed the petition. So everyone who isn't you (another brain dead pearce supporter) is nobody.

LiberalSmasher
LiberalSmasher

If Pearce loses, and the national media reports how the whole process was funded and manipulated by national liberal organizations, Mesa voters will be considered complete rubes and stooges.

Very friendly of you bobg. You remind me of another liberal Jared Loughner. I hope you don't end up killing your fellow liberal filth.

Bnbk
Bnbk

Typical reply expected from a Pearce supporter, you know the kind of supporter i'm talking about,the kind that supports Pearce's non-exsisting nuts. Pearce is not man enough to run against Mr. Lewis one on one,he has to recruit a "cham" canidate. I just wonder how all you Pearce supporters will react when Pearce is defeated and or convicted like the criminal he is.I suggest you seek help for this sexual hang-up of yours. I would be so sad,if in the future we end up reading about you in the PNT as just another sexual pervert who was arrested for acting out his perverted sexual fantasies.

Bobunf
Bobunf

No national liberal organization, no national organization of any type, has donated any money or any effort to the recall of Russell Pearce.  No national organization has given any instructions of any kind to the recall effort.  

The only national media that will report "how the whole process was funded and manipulated by national liberal organizations" might by FAUX news, and even in that case, probably not.  Since there is absolutely nothing to report.   

David Saint
David Saint

lol typical tea party moron...One, unlike you we have intelligence and actually use it. Two, your shit talking is rather weak.  Three, PEARCE IS GOING DOWN!  In closing, FU, and have a nice day. 

shadeaux14
shadeaux14

Mesa voters are not "considered" rubes and stooges. Electing and re-electing Pearce proves that Mesa voters ARE rubes and stooges.

teknik1200
teknik1200

just because you're a "Conservative" which means lies easily roll off of your tongue, does not mean anyone believes your fairy tail.

if you were worried about outside influence then you'd vote against RP.

He's a con man and you like to suck on him.

Guest23
Guest23

Liberalsmasher??? Really? These elbow fulcrumed swats hardly equate to such. Try for once to back up with evidence any of your grand conspiratorial claims. Those against cortes and pearce are backed up with solid evidence that stands up in court... hell even the judge in the complaint against cortes basically stated that the pearce supporters were guilty of putting up a sham candidate and the only reason they are getting away with it thus far is because cortes is to stupid to realize what they are doing to her. None of this liberal conspiracy behind the recall stands up because it is too easily proven that republicans are behind it and yes naturally any democrat would support the removal of pearce as the senate majority head. It is just difficult to comprehend people can be so naive and ignorant enough to buy this crap but then 30%+ in the usa believe that a man was born to a virgin mother, was killed, rose from the dead and then ascended into heaven. It really is amazing and sad.

JesusHChrist
JesusHChrist

You just swallowed your own gravy, and liked it. A lot.

Bnbk
Bnbk

DAMM ! Lay off the pipe will you !

Follower_of_the_ONE
Follower_of_the_ONE

Like diseased, corrupt rats in a maze... That's life under the Copper Dome these days.

ExpertShot
ExpertShot

It's time for Jerry Lewis to bow out now - he can not win with the spitting of the votes.  It's best to assist Cortes with her campaign FULL FORCE so that the tea party will have been responsible for defeating their own candidate (Pearce is their REAL candidate) and for electing the first latino woman from the LD18 district.  If Jerry Lewis wins, that's a loss for liberals and if Cortes wins it's a loss for liberals, same difference - it's just that Pearce is such a danger to our constitution he must be defeated at any cost.  Having one candidate is imperative right now and if Jerry withdraws his name will not be on the ballot.  Cortes is NOT going to withdraw.  This would be the ultimate irony - if Cortes were to win over Pearce - his own sham candidate beats him - LOL

Shocked
Shocked

Cortez quits and the office default to Pearce.  How hard is it for you and your friends to intimidate an old woman expertshot?

Vic
Vic

Give it up tea party guy.  We are not stupid and will not vote for Pearce's puppet.

Migo
Migo

Cortes would still be the patsy of these goofballs. So that is an insanely bad idea.

ExpertShot
ExpertShot

But she will be a powerless puppet.  Pearce is Senate President because he's been elected four terms.  Cortes will be a first termer.  The reason Pearce was recalled was not because of his performance as a LD18 senator (he was elected four times), he is being recalled because of his performance as Senate President.  No one filed recall petitions against Pearce for the past four terms until now.  WAKE UP!

Cortes will not be Senate President. She will simply be another conservative nut-job in a sea of conservative nut-jobs that make up our Legislature.  Lewis will be too, if he wins, which now - given the Judge's decision to allow Cortes to continue as a legitimate candidate - is highly unlikely.

Guest23
Guest23

You are he one that needs to wake up. Your little naive polictal fantsasy your are dreaming about will simply not happen. You might as well give up and quit making yourself look more and more like a moron.

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