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A Pima County Superior Court judge on Monday upheld the results of Tucson’s Ward 3 Democratic primary, ruling that candidate Sadie Shaw failed to prove ballot errors were significant enough to overturn incumbent Kevin Dahl’s victory.

Judge Wayne E. Yehling rejected Shaw’s challenge, saying she did not meet the legal standard to invalidate the election. With Dahl leading by just 19 votes, a state-mandated recount will proceed, likely starting this week.

Shaw filed the case after the Aug. 5 primary, claiming that Democratic voters in Ward 3 were disenfranchised after receiving incorrect ballots from the Tucson City Clerk’s Office.

Yehling ruled that the clerk’s office appropriately offered voters who received incorrect ballots the opportunity to cast a new one, saying none of those voters were disenfranchised.

City officials testified that 358 Tucsonans were mailed the wrong ballots in July. Of those, 76 residents lived in Ward 3, and 18 ballots were not counted because voters mailed the incorrect version. City Clerk Suzanne Mesich testified that corrective notices and phone calls went out July 29 to alert affected voters.

Randy Hammel, a systems analyst with the city, confirmed the error was made on July 17.

“We first became aware of the error when a voter called us on July 23 to say they received the wrong ballot in the mail,” Hammel said. “It was the fourth person that had called us the same day for the same error, so I went back through the files that were given from Pima County.”

He also confirmed Mesich’s testimony that the office worked diligently to contact all affected voters, especially when an incorrect ballot was returned.

Voter Natalie Faucutt testified that the notice she received in the mail was confusing and unclear. The city argued that a phone number and email address to resolve ballot issues were clearly stated.

Shaw’s attorney, Jim Barton, called three Ward 3 voters to testify. One witness, Candice McCann, said she contacted the clerk’s office and was told her ballot was acceptable to submit in person. Yehling acknowledged that McCann was given incorrect information but ruled that her single vote would not have changed the outcome.

Shaw’s defense argued the mistakes undermined confidence in the election process and requested a redo of the Ward 3 election. City officials countered that a new election would cost about $400,000.

“I think the county and the city are doing a great job,” said Dahl, when asked by Yehling if he had any comments.

The winner of the recount will face Republican Janet "JL" Wittenbraker in the Nov. 4 general election.

Angelina Maynes is a University of Arizona alum and reporter with Tucson Spotlight. Contact her at angelinamaynes@arizona.edu.

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