Ariz. judge won't bump candidate Cortes in Pearce recall

by Paul Davenport
Associated Press Writer
azfamily.com
Posted on October 3, 2011 at 2:00 PM
Updated today at 5:41 PM

TEMPE, Ariz. (AP) -- An Arizona judge is allowing a candidate to stay on the ballot in the Nov. 8 recall election of state Senate President Russell Pearce, a legislator known as for championing legislation against illegal immigration.

The ruling Monday by Judge Edward Burke of Maricopa County Superior Court says Pearce supporters orchestrated the candidacy of retiree Olivia Cortes.

But Burke said voters, not courts, should judge candidates. And he noted that early voting has already started and said he can't risk disenfranchising the electorate.

A lawsuit filed on behalf of a Pearce critic contended that tea party activists enlisted Cortes to run in the race to dilute the vote against Pearce. Charter school executive Jerry Lewis also is in the race.

Cortes testified that she wants to serve her community.

http://www.azfamily.com/news/politics/A ... 09243.html