Sylvia Allen

Senator Sylvia Allen.

MARICOPA COUNTY — 

MARICOPA COUNTY — A lawsuit claims incumbent Republican State Senator Sylvia Allen did not file enough valid signatures to run in the August 4, 2020, Republican primary in Legislative District 6 (LD6) and her name therefore must be dropped from the ballot.

The lawsuit filed on April 20 in the Maricopa County Superior Court by Yavapai County registered voter William Chachkes sets forth a seemingly straightforward case.

If the lawsuit succeeds, it would open a path to the Republican nomination for retired Lt. Col. Wendy Rogers, a small businesswoman who previously sought the Congressional seat now held by Rep. Tom O’Halleran. She has so far run a harsh campaign attacking “socialist Democrats” and offering outspoken support for President Donald Trump.

On the Democratic side, Retired Col. Felicia French is running unopposed for the Democratic nomination. She came close to winning the District 6 House seat two years ago. She has mostly stressed support for education and state policies that promote environmental “sustainability.”

 Arizona law requires candidates to gather voter signatures to get on the ballot, based on the vote count in the last election. A candidate must file their petitions with the Arizona Secretary of State before a set deadline. Legislative District 6 spans four counties including Navajo, Coconino, Gila and Yavapai.

The formula required Sen. Allen to gather 484 valid signatures, alleges Chachkes.

Chachkes filed under oath a claim that Allen submitted to the Secretary of State petitions containing 956 signatures, but that 538 of them are “invalid due to various legal deficiencies.” He claims that leaves only 418 valid signatures, with the deadline for gathering more already passed.

The “legal deficiencies” allegedly include the use of a convicted felon to circulate petitions outside a library or grocery store. That’s not allowed under Arizona law, so the plaintiff says the entire nine signatures on that one petition sheet are invalid.

Another six sheets didn’t contain the required affidavits by the circulator. Six other sheets were “verified” by someone other than the circulator, also contrary to law, the suit claims. Fifty-five signatures were from persons not eligible to vote; 50 were allegedly from voters registered in other counties; 260 signatories had invalid addresses, there were some duplicate signatures, and 86 of them were filed late, says the complaint.

Plaintiff Chachkes alleges that these deficiencies suggest a “troubling pattern of fraud,” and are “potentially indicative of widespread misconduct.” Named as defendants are the supervisors and election officials from all of the four counties, the Arizona Secretary of State Katie Hobbs and Allen herself. In fact, the reason plaintiff can sue in Maricopa County is because Hobbs has her office there.

The suit asks for three things: One, that Allen and the other defendants be enjoined, meaning stopped, from putting Allen on the August 4 primary ballot. Two, that the court declare that Allen did not meet the threshold number of signatures, and finally, that plaintiff recovers his court costs and attorneys fees.

Sen. Allen responds

Allen, in telephonic remarks yesterday told The Independent that she plans to answer the suit and is fighting it. Allen believes "Tempe Wendy" is behind it, meaning Wendy Rogers who Allen is running against in the primary. Allen claims that Rogers "knows she is in trouble," because Rogers doesn't even live in the LD6; instead, that Rogers uses 12 foot "vacation trailer" in Coconino County as her official address. Allen says that arrangement may have been good enough for residence on the federal level when Rogers ran twice unsuccessfully for a congressional seat in CD1 but state rules are different. 

The suit  "is a huge inconvenience," says Allen, but she is looking forward to her day in court.  For example, plaintiff claims that signatures listing a PO box are invalid, but Allen read over the phone the standard nominating petitions which allows PO boxes as addresses. That's a good thing for reservation voters, Allen says, because the majority of reservation voters list PO boxes as their official addresses, especially in LD7.

Because of the time crunch with the primary looming in August, and ballots that need to be printed, the case is on a fast track in the court system, a “rocket docket,” as it is sometimes called. Allen says that her pretrial hearing is on Thursday, presumably April 30, and the final hearing set for the next day.

Ironically, Sen. Allen supporters two years ago knocked Rep. Brenda Barton off the ballot by challenging her signatures. Barton was seeking Sen. Allen’s seat after hitting term limits on her own House seat. Barton said Allen had originally said she wasn’t running, but then changed her mind. After a chunk of Barton’s signatures got thrown out, Sen. Allen ran unopposed for the Republican nomination. She narrowly beat Holbrook Councilman Wade Carlisle in the 2018 General Election.

Sen. Allen has earned a reputation as one of the state’s most conservative lawmakers, but Rogers rhetoric has made her sound moderate.

 

Reach the reporter at rlynch@wmicentral.com

(33) comments

libertyminded

Hooray

Serafina

In 2018 Republican Brenda Barton challenged Sylvia Allen for the Senate seat, Sylvia challenged Barton's petitions and succeeded in keeping Brenda off the ballot. Now she seeks defense money from those very people who supported Brenda Barton. Guess what Sylvia, here's to you and your JUST desserts. May the prevailing winds be with your petitions challenger, Bill Chachkes, so you can feel the pain that you inflicted on my friend Brenda Barton!

BIGFOOT

Turnabout is fair play; in Allen’s last election her donors the Kadar’s of Sedona to challenge Brenda Barton’s signatures after Allen refused to keep her promise to Barton and not to run for the Senate. The writers comment about Allen has earned a reputation as one of the most conservative is FALSE. The writer fail to mention that Allen was behind many Northern Arizona Cites had to raise their property taxes, due to Allen cut School maintenance monies for the schools, were at the same time she sent funding to the charter schools. Allen also, is behind a sales tax increase which Arizona’s are against and she proclaims it’s for the schools. Allen also is behind spending $20 Million on a bridge to nowhere because of a stupid motorist. Allen is not a conservative, she’s a Socialist Republican!

Steve Slaton

Activist

BIGFOOT

Turnabout is fair play; in Allen’s last election her donors the Kadar’s of Sedona to challenge Brenda Barton’s signatures after Allen refused to keep her promise to Barton and not to run for the Senate. The writers comment about Allen has earned a reputation as one of the most conservative is FALSE. The writer fail to mention that Allen was behind many Northern Arizona Cites had to raise their property taxes, due to Allen cut School maintenance monies for the schools, were at the same time she sent funding to the charter schools. Where her biggest donors are from the Charter School Industry. Allen also, is behind a sales tax increase which Arizona’s are against and she proclaims it’s for the schools. Allen also is behind spending $20 Million on a bridge to nowhere because of a stupid motorist. Allen is not a conservative, she’s a Socialist Republican!

Snotamer

Thanks to an alert registered voter by the name of William Chachkers, Ms Allen will not even be on the ballot

conetka

I guess what comes around goes around! Sounds like she’s totally getting a taste of her own medicine. If she can’t get enough signatures, no way does she have the support to beat anyone. She sounds like a real piece of work. Last thing we need in office right now!

pcorathers

What is good for the goose is good for the gander.

pcorathers

"Sen. Allen has earned a reputation as one of the state’s most conservative lawmakers, but Rogers rhetoric has made her sound moderate" was an editorial comment that does not belong in news article. Dare I say bias. Loos like we know who the reporter supports.

Bob Smith

Before we pop the champagne consider the scenario of Wendy Rogers taking Sylvia's seat. Trading Leave it to Beaver for Colonel Hindlicker isn't any better: let's get behind Felicia French and be proud of our elected officials again.

Serafina

One must not challenge the Self-Proclaimed best candidate for rural Arizona, Sylvia Allen, because apparently, she’s not fair game. What was fair game to her was Republican Representative Brenda Barton. Does Sylvia think we’ve forgotten how she challenged Brenda’s petitions last election season and kept her name from appearing on the ballot? This lady doesn’t live by her moral principles. Even now, she has the gall to ask for money from those of us who supported Brenda so that she can mount her legal defense! Why not tap her last financier? Either way, I say Go for It, Bill Chachkes, and may the Lord’s fair winds lead you to victory in this lawsuit.

lindabear

After reading this article ,it reminded me of a meeting at the NCRC , when someone asked her why she wants to give funds to the charter schools in lieu of public schools, and then the question was to her, Don't YOU OWN A CHARTER SCHOOL? And she answered back, JUST BECAUSE MY NAME is on the LLC , DOES NOT MEAN I OWN IT Well, husband runs it, and since we are a community property state, that sort of sums it up for me

lindabear

When I just read this article , it reminds me of a meeting that I attended at the ncrc, and someone asked her why do you want to give more funds to charter schools, vs public schools, and then someone else made a comment , don't you own a charter school ? Her answer was "Just because my name is on a llc, does not mean I own it .". Her husband seems to run the school, and for as long that I lived in Arizona, with the community property , community debt law, that seems to the same to me..

Stacey Thompson

Why on earth is Allen running again? She has repeatedly said she won’t run and jumps in at the last minute, muddying the waters with her inaccurate and insufficient petitions. Does she not even know that people in AZ can have two homes? Her claims are laughable.

conniej1124

Sylvia has said on many occasions she would not run again and this article demonstrates her indecision and lack of commitment to the campaign; she should step down and let another Republication represent this district properly. I am a donor to Wendy Rogers campaign and was with Wendy when she collected literally hundreds of signatures in the Payson area and heard many local Paysonites advise they were donating to her campaign and know that Wendy was organized in her campaign, and her method of visiting door to door to voters, and as she continued throughout Central Arizona, she and obtained many more signatures than were required because she wanted to talk to the voters in person and discuss the voters' thoughts and requests on what Arizona needs.

Candelaria

Allen states that Wendy Rogers lives in a ‘ 12 foot Vacation Trailer’. That statement is false. We live across the street and our homes are not trailers. They are fixed manufactured homes that have been established since the 80’s. The community she lives in is an over 55 Retirement Village where many individuals have lived for decades. Wendy is our neighbor and we visit quite often as neighbors do. Sitting in the quite and listening to the wind in the pine trees. We have great conversations regarding her love for Her country. We support her in the vigor she shows in her support for President Trump, making America great again. Wendy does a lot of traveling to share her ides and the plans she has for District 6. She is a professional. Not to be taken lightly in her duties.

When we look at the lack of signatures and the signatures that do not qualify, it’s seem quite obvious that Allen does not have the right to be on the ballot. Allen has said many times that she is not going to run and then tries to jump in at the last minute. if we are going to have laws, rules and regulations for these elections, she should follow them the same as every other candidate.

mcpetty13

I am disappointed to see that, as expected, Sally is using lies and half-truths to push her agenda after the fact that the court system has already sided with Wendy Rogers in the Steve Smith employer lawsuit. This type of action is so typical of those that like to cheat the system and lie about all their "dirty deals." She never got my vote and never will. Go Wendy Rogers!!!

Snotamer

I would just like to thank God, that in this election cycle, we had an awake, registered voter named William Chachkes, who questioned the number of legal signatures that Ms. Allen turned in this time, which turns out , disqualifying her from even being on the ballot. I once supported her, but as of late it has become very evident that she has been in office far too long.

Ms. Allen had publicly stated she would not even run again for re-election. Yet due to her own indecision, at the last minute, she decided to run. Reminds me of poor Joe Biden, I pray she is not inflicted with the same crippling disease. What is refreshing, is that now, we have a GREAT chance at electing a real Constitutional Conservative to represent the district. Thank You William Chachkes.

Snotamer

I would just like to thank God, that in this election cycle, we had an awake, registered voter named William Chachkes, who questioned the number of legal signatures that Ms. Allen turned in this time, which turns out , disqualifies her from even being on the ballot. I once supported her, but as of late it has become very evident that she has been in office far too long. Ms. Allen had publicly stated she would not even run again for re-election, but at the last minute, she decided to run, hence the shortage of legal signatures.

What is refreshing, is that now, we have a GREAT chance at electing a real Constitutional Conservative to represent the district. Thank You William Chachkes.

Serafina

These are words that Sylvia Allen posted on Facebook. "we must stand, if nothing more than to be a witness against those who are betraying our freedoms and destroying the moral fiber of this Nation. We must stand and testify of the consequences of their actions…"

Lie #1. She witnesses alright, but does she confront those who are betraying our freedoms. NO! I've not seen one place in print or video where she has challenged the Governor for unconstitutionally holding the citizens of this state hostage. We are suffering under this dictatorship and where is my Senator? Missing In Action and crying the "Somebody Done Somebody Wrong Song." By the way, why didn't she confront the Governor and "her close friend former Senator Steve Smith, the author of SB1519, before she voted for that bill that would have taken away due process and strike a blow against the 2nd Amendment? So much for standing against those who are betraying our freedoms and destroying the moral fiber of this Nation. It's all poppycock!

Bigger Lie #2. She also posted the following on Facebook. "She (Wendy)has a reputation for mud slinging, and my close friend former Senator Steve Smith found this out in the 2018 CD1 race where Rogers ran ads accusing the Christian Talent Agency that Smith worked for, as connected to child trafficking. Rogers is in a lawsuit today from the owner of this agency whose business was damaged from her accusations." Sylvia needs to check her facts! Wendy decisively won the lawsuit, Sylvia speaks of, in December of 2019. Arizona's second highest court decided it. So, was Wendy mud-slinging or telling the truth? By the way, Sylvia and some of her supporters, whom I know personally, are the ones who never miss an opportunity to sling mud at Wendy.

Kwalser05

I haven’t heard about this law suit until now, however I can tell you Wendy Rogers is a very hard worker. She herself went door to door campaigning and meeting the people of her district. I know Wendy Rogers DOES live in Flagstaff. Wendy has shown integrity and has proved she is a hard worker. She is not afraid to get out and meet the voters of her district on a personal level. Keep up the good work Wendy Rogers... looking forward to having you represent our state!

Kwalser05

I did not know about this law suit until now, but I can tell you Wendy Rogers is a very hard worker. She has personally gone door to door working on her campaign. She is not afraid to get out there and meet the voters on a personal level. I do know the Wendy DOES live in Flagstaff and has strong ties to the community there. Wendy Rogers is a military vet and knows what hard work is all about! I for one am looking forward to having Wendy represent our state! She stands for our rights and the 2nd amendment. She believes in God, Family and Country. Core American values.

lindabear

WOW I JUST checked the ballot signature amount for Wendy Rogers ..Wendy Rogers qualifies for the LD6 Arizona State Senate race turning in 3,257 signatures, more than the amount allowed to be turned in. unlike Sylvia Allen's signatures..

dswikfors

I will personally attest that Wendy Rogers resides and meets the residency requirements to serve LD6. I have been to her home in Flagstaff several times as early as 2015. It is actually a very spacious and nice home and any reference to it as a trailer is an insult to her and anyone who has chosen to live in a manufactured home.

lindabear

I have been reading a lot on a lot of people running for the seat. All it seems that Allen likes to complain about nasty campaigning. Wendy hasn't said anything mean or nasty about Sylvia, but Sylvia has been smearing as much mud as she can, Why, can you not speak without wanting to cut others down ?? I think the word should be Be Kind

pcorathers

AMEN!

mcpetty13

Wow! A socialist Republican. I hope the lawsuit goes through and removes her from the ballot. She is wishy-washy and will NOT represent Arizona properly.

conniej1124

Maricopa County judge Michael Kemp ordered Sylvia Allen’s attorneys to produce a calendar by tomorrow morning to refute complaints that she falsely claimed to have collected signatures in Yavapai and Coconino counties when she was actually in Maricopa County. Eric Spencer, an attorney and former state elections director representing Yavapai County voter William Chachkes, requested that information in a motion for discovery, but Allen’s attorney, Tim La Sota, said it would require a public records request to the Senate. During a pre-trial hearing today, Spencer said he disagreed that his request required a public records request, as that would assume Allen keeps all her campaign business on her legislative calendar. La Sota punted today’s court appearance to Ugenti-Rita’s primary challenger, Alex Kolodin, and an associate with Kolodin’s firm, Chris Viskovic, who said the court doesn’t need Allen to provide a calendar to know where she was. “We think that there are less invasive ways to get this information from Ms. Allen, and the best would probably be testimony at trial,” Viskovic said. Kemp responded that he imagines Allen will need her own aid during trial to remember where she was on any given day during the range of approximately seven months during which Spencer alleges she falsely claimed to have collected signatures. She should provide those documents, ideally a calendar, to the court by 7 am tomorrow in advance of a 10 am trial, Kemp ordered.

mcpetty13

CAN’T YOU JUST TAKE HER WORD FOR IT?

April 28, 2020 4:27 pm 0

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Maricopa County judge Michael Kemp ordered Sylvia Allen’s attorneys to produce a calendar by tomorrow morning to refute complaints that she falsely claimed to have collected signatures in Yavapai and Coconino counties when she was actually in Maricopa County. Eric Spencer, an attorney and former state elections director representing Yavapai County voter William Chachkes, requested that information in a motion for discovery, but Allen’s attorney, Tim La Sota, said it would require a public records request to the Senate. During a pre-trial hearing today, Spencer said he disagreed that his request required a public records request, as that would assume Allen keeps all her campaign business on her legislative calendar. La Sota punted today’s court appearance to Ugenti-Rita’s primary challenger, Alex Kolodin, and an associate with Kolodin’s firm, Chris Viskovic, who said the court doesn’t need Allen to provide a calendar to know where she was. “We think that there are less invasive ways to get this information from Ms. Allen, and the best would probably be testimony at trial,” Viskovic said. Kemp responded that he imagines Allen will need her own aid during trial to remember where she was on any given day during the range of approximately seven months during which Spencer alleges she falsely claimed to have collected signatures. She should provide those documents, ideally a calendar, to the court by 7 am tomorrow in advance of a 10 am trial, Kemp ordered.

Bmau68

Chicken always come homes to roost.ms Allen has accursed Ly Col Rogers of many insane things from hateful comments to her residence. I find it very interesting that she has a dark past

lindabear

Allen submitted petitions containing 956 signatures. However, the lawsuit claims 538 of those signatures are invalid. He claims only 418 signatures pass muster, leaving Allen 120 signature short.

The signatures reveal “a potentially troubling pattern of fraud in how those signatures were certified,” according to the lawsuit filed by the offices of Snell and Wilmer.

The “legal deficiencies” allegedly include the use of a convicted felon to circulate petitions outside a library or grocery store. That’s not allowed under Arizona law, so the plaintiff says the entire nine signatures on that one petition sheet are invalid. Don't you would think she Allen should know the law?

ALLEN , reminds me of Jody Arias, when Ms Arias states before her sentencing on a gruesome crime ,, "No court will convict me of this crime, " and Sylvia Allen, "Allen said She’s confident a judge will throw out the challenge to her signatures." sort of makes you go hmmm.

Drake Mitchell

Senator Allen say's she is pro2A but her voting record says otherwise. In 2018 she voted for Ducey's and Senator Steve Smith's SB1519. A "School Safety" bill with a Red Flag law in it. Ducey brought it back to AZ after visiting the Governor of Florida. It was a Red Flag Law there, It was one here. The NRA and the Arizona Citizens Defense league told all the Senators how it violated the Bill of Rights and the rule of law. The Senators all chose to vote Party over PRINCIPAL. Funny how even with all the money for counseling, school resource officers (cops) and mental health care for kids, after the Red Flag Law got weakened Ducey and the Senate let the bill die. So what was the real goal of the bill??

Rather then give a No Red Flag law pledged in 2020, Sen. Allen attacked those asking for the pledge and got Senate President Fann, Speaker of House Bower's and the Governors office to do the same. Shame on you Senator Allen, attacking the groups who push pro2A legislation in Arizona to hide from your votes that betrayed the Constitution. What prorights, progun legislation did you ever run? None! Friends of Liberty know what you did and will never vote for you, the other senators and their shameful actions. Now or in the future, you will be held accountable. Now go cry about it to someone who cares. You had your chance to make it right.

You can't attack us anymore. Now we can speak the facts and let the truth be known. That was your choice, hope you enjoy the Karma.

You hurt Brenda Barton in 2018 and broke your word to support her, you did the same thing to Bob Thorpe during the 2020 election cycle to run again after promising your seatmate your support. You are an oath breaker. Go back to the porch and figure out what your values are. If half of the comments made by others on this site are true, they seem to be eroding or is festering decay a better description?

Last cycle I helped you with money, organizing support and putting up signs. No longer. You’re just another Ducey/Smith Swamp Monster. IMO, You, Smith and Ducey are why our state is turning Blue. Judging by your actions since 2018, you stand for nothing we can support.

libertyminded

OK, then, it's unanimous, off with her head!

pcorathers

The latest news is she is on the ballot. In that article, it says it is "ironic" that she did the same thing to Brenda Barton. No, the word is HYPOCRITE!

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