ALJDEC decisions subject to certification as final

08F-HAVA124-SOS · Secretary of State · 2008-05-01

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

HEARING: May 1, 2008 APPEARANCES: No one appeared for Gloria Meekins-Williams; Special Deputy County Attorney William J. Ekstrom, Jr. appeared for Mohave County (by telephone); Assistant Attorney Barbara Bailey was also present as an observer. ADMINISTRATIVE LAW JUDGE: Thomas Shedden _____________________________________________________________________ Gloria Meekins-Williams filed an Election Grievance Form with the Secretary of State’s Office, but did not appear at the scheduled hearing time. FINDINGS OF FACT On March 13, 2008 the Arizona Secretary of State’s Office (“SOS”) received from Ms. Gloria Meekins-Williams an Election Grievance Form alleging that in the Presidential Preference Election held on February 5, 2008 her provisional ballot had not been counted. On March 18, 2008 the SOS issued a Notice of Hearing setting the matter for 9:00 a.m. May 1, 2008. Ms. Meekins-Williams and the County of Mohave (through the County Attorney’s Office) each requested to appear by telephone and the undersigned Administrative Law Judge (“ALJ”) instructed the parties to call the Office of Administrative Hearings (“OAH”) at the scheduled hearing time.

Prior to the hearing, Mohave County filed a Motion to Vacate Hearing that included the affidavit of its Elections Director, Allen Tempert. Mr. Tempert acknowledged that Ms. Meekins-Williams ballot had not been counted and stated that he had explained to Ms. Meekins-Williams that this was because she had not properly completed the required form. Mr. Tempert also described efforts that the Elections Department would institute to help ensure that a voter could not submit her provisional ballot unless the form was properly completed. At the scheduled hearing time Mohave County contacted OAH, but Ms. Meekins- Williams did not. After a 15-minute grace period the ALJ convened the hearing in Ms. Meekins-Williams’ absence. Mohave County was prepared to present the testimony of Mr. Tempert should there be any questions related to the information in his affidavit. CONCLUSIONS OF LAW The burden of proof at an administrative hearing falls to the party asserting a claim, right or entitlement and the standard of proof on all issues in this matter is by a preponderance of the evidence. See A.A.C. R2- 19-119. A preponderance of the evidence is “[e]vidence which is of greater weight or more convincing than the evidence which is offered in opposition to it; that is, evidence which as a whole shows that the fact sought to be proved is more probable than not.” Black’s Law Dictionary 1182 (6th ed. 1990). Ms. Meekins-Williams failed to appear and presented no evidence. The preponderance of evidence, through Mr. Tempert’s affidavit, shows that Ms. Meekins-Williams’ ballot was not properly completed and, consequently, Mohave County acted appropriately in not counting that ballot. Ms. Meekins-Williams’ Grievance should be dismissed. ORDER IT IS ORDERED that Ms. Gloria Meekins-Williams’ Grievance is dismissed.

Done this day, May 1, 2008

______________________________________ Thomas Shedden Administrative Law Judge

Original transmitted by mail this ____ day of ____________, 2008, to:

Arizona Secretary of State Attn: Joseph A. Kanefield 1700 West Washington, 7th Floor Phoenix, AZ 85007

By ___________________________

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Office of Administrative Hearings 1400 West Washington, Suite 101 Phoenix, Arizona 85007 (602) 542-9826