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Thomas C. Horne
Attorney General

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Michele L. Forney, Bar No. 019775

Assistant Attorney General
1275 W. Washington
Phoenix, Arizona 85007-2997
Telephone: (602) 542-3333
Fax: (602) 542-8308
Michele.Forney@azag.gov

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Attorney for Defendant Arizona Secretary of State Ken Bennett
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IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

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Ron Barber for Congress; Lea

Goodwine-Cesarec; Laura Alessandra
Breckenridge; Josh Adam Cohen,

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Plaintiffs,
v.

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Ken Bennett, in his official capacity as

Secretary of State of the State of
Arizona; the Pima County Board of
Supervisors, a body politic; Ally Miller,
in her official capacity as a member of
the Pima County Board of Supervisors;
Ramon Valadez, in his official capacity
as a member of the Pima County Board
of Supervisors; Sharon Bronson, in her
official capacity as a member of the
Pima County Board of Supervisors; Ray
Carroll, in his official capacity as a
member of the Pima County Board of
Supervisors; Richard Elias, in his official
capacity as a member of the Pima
County Board of Supervisors; the
Cochise County Board of Supervisors, a
body politic; Patrick Call, in his official
capacity as a member of the Cochise
County Board of Supervisors; Ann
English, in her official capacity as a
member of the Cochise County Board of
Supervisors; and Richard Searle, in his
official capacity as a member of the

Case No: 4:14-cv-02489-DCB

DEFENDANT BENNETTS NOTICE OF
JOINDER IN PROPOSED
INTERVENORS MOTION TO
DISMISS (DKT. 13)

Cochise County Board of Supervisors,

Defendants.

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Defendant Arizona Secretary of State Ken Bennett (Secretary) hereby provides

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notice that he joins in Proposed Intervenors Martha McSally and McSally for Congresss
(hereinafter jointly referred to as McSally) Motion to Dismiss (Dkt. 13). The
Secretary elaborates and adds to McSallys Motion as set forth below:
With respect to part II-C regarding the Help America Vote Act (HAVA), the

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Secretary notes that there is a statewide complaint system to address complaints

involving a violation of any provision of Title III of HAVA. (See Election Procedures
Manual at 383-86, available online at http://azsos.gov/election/
Electronic_Voting_System/manual.pdf (last visited on November 25, 2014).) Under this
grievance process, a complainant may file a complaint with the Secretary and request a
hearing at the Office of Administrative Hearings. Id. at 384.
With respect to part II-D regarding Count Six of Plaintiffs Complaint, the

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Secretary adds that Arizona has long been unwilling to establish a private cause of action
for violation of the election statutes or Election Procedures Manual:
[G]eneral statutes directing the mode of proceeding by
election officers are deemed advisory, so that strict
compliance with their provisions is not indispensable to the
validity of the proceedings themselves, and that honest
mistakes or mere omissions on the part of the election
officers, or irregularities in directory matters, even though
gross, if not fraudulent, will not void an election, unless they
affect the result, or at least render it uncertain.

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Findley v. Sorenson, 35 Ariz. 265, 269, 276 P. 843, 844 (1929)

For the reasons set forth in McSallys Motion, the Secretary joins and requests the

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Court dismiss Plaintiffs Complaint.

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///

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///

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Respectfully submitted this 25th day of November, 2014.

Thomas C. Horne
Attorney General

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s/ Michele L. Forney
Michele L. Forney
Assistant Attorney General
Attorney for Defendant Arizona
Secretary of State Ken Bennett

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I certify that I electronically transmitted the attached document to the Clerks Office
using the CM/ECF System for filing and transmittal of a Notice of Electronic Filing to
the following, if CM/ECF registrants, and mailed a copy of same to non-registrants, this
25th day of November, 2014:

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Daniel C. Barr
Perkins Coie LLP
2901 N. Central Ave., Suite 2000
Phoenix, AZ 85012-2788

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Kevin J. Hamilton
Perkins Coie LLP
1201 Third Ave., Suite 4900
Seattle, WA 98101-3099
Attorneys for Plaintiffs

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Daniel S. Jurkowitz
Pima County Attorneys Office
32 N. Stone Ave., Suite 2100
Tucson, AZ 85701
Attorney for Pima County Defendants
Britt W. Hanson
Chief Civil Deputy Cochise County Attorney
P.O. Drawer CA
Bisbee, AZ 85603
Attorney for Cochise County Defendants

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Brett W. Johnson
Eric H. Spencer
Snell & Wilmer LLP
400 E. Van Buren St., Suite 1900
Phoenix, AZ 85004-2202
Attorneys for Intervenor Martha McSally and
McSally for Congress
s/ Maureen Riordan

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#4235183

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