This is really a hilarious legal argument. I have read a number of news reports on this recount battle because Barber's race was one that gun control advocates really pored a lot of money into. But there is only one article that actually mentioned that Barber's lawyers were only calling on 133 of the 240 ballots cast in the wrong precinct be counted. Barber's loss is a real blow for them. From the Nogales, Arizona newspaper:
. . . Barber’s campaign is challenging 133 ballots it says were wrongly rejected because voters went to the wrong polling site. State law says that if you vote at the wrong site, your ballot will not be counted.
But Barber’s campaign says every vote should count – and blames the problem on poll workers who neglected to tell voters they were at the wrong site.
Last week, the Pima County Recorder’s office said 240 votes were rejected in the CD2 race because people voted at the wrong place. So why isn’t Barber’s campaign insisting all 240 be counted?
I asked Rodd McLeod, who works with Barber’s campaign, that last week.
After asking him if the 133 voters are known to be Democrats; he said no. “I assume they’re a mix of Democrat, Republican and Independent.”
Later in the conversation he said, “It wouldn’t shock me if they were mostly Democrats, obviously.” . . . .
Ron Barber’s campaign wants to count votes that will go his way and they do not want to count votes that will not go his way.
That’s why we have a battle over 133 ballots in court and not 240.
I can’t blame the campaign for making every effort for their candidate, but I resent them wrapping themselves in the flag and telling us “every vote must count” when they really don’t believe that at all. . . .