UPDATE: Judge rejects effort to overturn Tucson election

When we filed our case, we relied on the City and County’s explanation that the issue was limited to the 358 voters in Wards 3, 5, and 6 who were mailed the wrong ballot. In Ward 3, this included 58 Independents who were sent Democratic ballots and 18 Democrats. That was also the picture painted in the City’s July 28 Public Service Announcement, which stated, “On Thursday, July 17th, the Pima County Recorder’s Office sent a data file to the City of Tucson that contained updates to voter records for the August 5, 2025, City of Tucson Primary Election. That file contained incorrect party ballot assignments for 1,294 voters in City of Tucson Wards 3, 5, and 6. This resulted in 358 voters receiving the wrong ballot. 

In reality, the issue was much larger. The 1,294 voters listed in the supplemental file sent by the Pima County Recorder’s Office to the City of Tucson were all affected, not just the 358. While 358 were mailed the wrong ballot, some, particularly newly registered voters, were never mailed a ballot at all. And voters who had updated their address did not receive a ballot at their new, correct address, meaning they were effectively left without the ability to vote. We uncovered this during our own investigation, and while a City employee also casually acknowledged it in testimony, we were not allowed to focus on it during the case. Because of Arizona’s extremely narrow statute of limitations on election contests, we were unable to amend our complaint to include this information. 

The court also noted that it is impossible to know how the disenfranchised voters would have cast their ballots (although witnesses were not permitted to disclose who they voted for) and concerns were raised about the cost of holding a new election. While I respect the court’s role, I want to be clear: hundreds of Tucsonans were absolutely disenfranchised. The fact that we cannot retroactively measure how they would have voted does not erase the harm they experienced and the loss of trust that is growing in our community regarding the integrity of our elections.

I do not regret filing this lawsuit. My goal has always been to protect voters and to shed light on errors that denied Tucsonans their right to participate in this election. Protecting democracy requires standing up, even when it is difficult or unpopular.

Ultimately, this case exposed how fragile trust in our elections can be. Mistakes like these cannot be repeated. Tucson deserves transparency and accountability from election officials, and a system that guarantees every eligible voter receives a ballot, that it is the correct ballot, and that every vote is counted. That is the only way to rebuild trust and protect our democracy.

It is deeply disappointing that we had to uncover the full scope of this mistake in this way. City and County election officials should choose transparency and retroactively disclose the full extent of the error to voters. This was not the first time a mistake like this has occurred in Pima County, and the divided responsibility between the City and County for different aspects of the same election only increases the likelihood of errors by election officials and creates more confusion for voters.

One of our witnesses left the courtroom in tears, saying she did not know if she would vote again. She had done everything right: she went to the polls, cast her ballot, and confirmed with city staff that her vote would count, yet her vote was ultimately not counted. The most heartbreaking part was hearing her question whether she had done something wrong, when in reality it was the system that failed her. No voter in Tucson should ever be left feeling that way again.

We will not be appealing the court’s decision, but I will continue to demand accountability and to advocate for a system where every Tucsonan can have full confidence that their vote will be counted. We now await the results of the automatic recount.