Lawyer files challenge to delay special election

PHOENIX (KSAZ) - A lawyer wants to delay next weeks special election in Arizona after more problems for voters. Publicity pamphlets with information on Prop 123 and 124 went out later than they should have, even after people received their early ballots.

The attorney who filed the challenge estimates that as many as 400,000 voters did not receive the material in a timely manner. He claims the Secretary of State's Office has failed to inform voters, and now he is asking the AG to try and postpone the special election.

Attorney Tom Ryan alerted the Secretary of State of his attempt to stop the election. He claims Michelle Reagan's office hasn't complied with the election law.

"This is about all citizens of the State of Arizona being properly informed of the pros and cons on two very important propositions of the day that will substantially amend Arizona constitutions forever," said Tom Ryan.

The material was supposed to be mailed out well before early ballots, but for hundreds of thousands they never came, and complaints poured into the secretary of state's office.

"It is a frustrating technical error, and it is one that is a problem, and it is one that we worked to immediately correct," said Matt Roberts.

The SOS office has fired one vendor used to get the pamphlets out and has printed and mailed new ones. They estimated more than 200,000 didn't get pamphlets.

"There is nothing nefarious here, these are problems that occur when we have multiple systems used, different things that have to come together, and having a vendor who wasn't doing their own due diligence in terms of providing us accurate instructions as to how to do our job," said Roberts.

Now the AG will have to decide if voters will head to the polls on May 17 to vote on Prop 123 and 124. They have not responded to the challenge but are expected to do so very soon.

The special election is scheduled for next Tuesday.