Jennifer Jones' Signatures challenged in LD5 race

Jennifer Jones' campaign scooter,
Quartzsite, AZ  - Copyright Desert Messenger 2014

Quartzsite, AZ 

UPDATE: Jennifer Jones posted on her Facebook page: 

June 21, 2016 "Maricopa County Superior Court Judge Randall Warner found in favor of Legislative District 5 Republican candidate for the Arizona House of Representatives Jennifer Jones. The nominating petition signature challenge was filed by a rival candidate and political newcomer Paul Mosley. Both parties represented themselves in court.

"Mosley had asked the Court to disqualify numerous signatures on Jones' nominating petitions for a variety of reasons, attempting to render her ineligible. After the signatures in question were checked by the Recorders Offices in La Paz and Mohave Counties, the official certified reports had determined that Jones had 43 signatures more than the minimum required.

"Mosley refused to accept the finding of fact and declined the judges offer to drop the case, which then proceeded immediately to trial. He argued that signatures should be disqualified for technical deficiencies such as using a zip code instead of writing the city, or using a post office box address. Jones countered with the applicable election statute and a 2004 Arizona Supreme Court ruling which held that purely technical departures from the form of the nominating petitions will not outweigh the voter's right to select a nominee. After a short recess Judge Warner ruled that Jones had submitted more than enough valid signatures to be on the August 30th primary election ballot and dismissed Mosley's claim.

"On her way out of the courtroom, Jones told Mosley, “I don't know if your mother ever spanked you Paul, but I just did.”

(https://www.facebook.com/The-Desert-Freedom-Press-195686447195051/?fref=ts)

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On June 15, 2016, Stephen Paul Mosley of Lake Havasu City filed formal legal action against Mrs. Jennifer Jones, a Republican candidate for Arizona Legislative District 5 (LD5). Mosley contends that Jones, of Quartzsite, failed to meet candidacy requirements. LD5 covers all of La Paz County and most of Mohave County. 
In order for a signature to count, a person who signs a petition must be a qualified elector, live in the district of the office the candidate is running for and must belong to the same political party as the candidate. Since there are only two seats open for LD5, a person is allowed to sign only two petitions.
Jones' notified her supporters on her campaign Facebook page today with the following statement:
Mosley's 22 page complaint can be read in its entirety at:

According to Mosley's complaint, "Jones submitted 64 petition sheets with 599 signatures. However all of the signatures on petitions 4 and 47 are invalid because Jones failed to complete the affidavits on the backs of the petitions as required by statute."

Mosley alleges in his complaint; "Furthermore, out of the 599 signatures that Jones submitted, 204 are invalid because the signer was not legally eligible to sign the petition sheet, the signer's name is illegible, or the signer failed to provide the information required by statute. 483 signatures are required to be submitted for an individual to have his or her name printed on the primary election ballot on August 30."

Mosley alleges that after removing alleged invalid signatures, Jones only has 395 valid signatures, short of the 483 required to have one's name printed on the ballot.

Maricopa County Superior Court Judge Randall H. Warner has scheduled the complaint for expedited hearing at 1:00 p.m. Tuesday,  June 21. 

"Apparently my opponents do not believe they can beat me in a fair election. The Mormon stock trader from Lake Havasu City, Paul Mosley, has filed a court challenge to my nominating signatures. The county recorders from Mohave and La Paz will be preparing a report on the signatures he challenged but over a hundred will have to be invalidated to remove me from the ballot. Unfortunately for my opponents, I am a seasoned pro se litigant so Mosley will need to hire an attorney but I will not."

https://drive.google.com/file/d/0B-Z6UlGYZmGlMkZaU251ZWs0SHc/view?ts=57637cd7

Jennifer Jones Loses Appeal & is NOT Affiliated w/Desert Messenger

https://www.facebook.com/DesertMessengerNews

Greetings!
This blog has been inactive recently, but I've noticed there's been hundreds of views over the past few weeks. (...not sure why, but it could be the political season..see below) I just want to remind folks you can get updates on Quartzsite news, events, and entertainment on our Facebook page: https://www.facebook.com/DesertMessengerNews.

Recently, I've been receiving multiple calls asking if Jennifer "Jade" Jones works with, or for, me. And then just today,  a stranger told me, "Jade really does a great job with the Messenger." After introducing myself, he seemed a bit confused saying, "Well, she said she submitted articles or something." I explained that she publishes her own paper-- sometimes. He still seemed confused saying, "But she helped sign me up to get the Messenger on my phone." My response was simply, "That's nice." 

I want to make it perfectly clear, AGAIN, that 
Mrs. Jennifer Jones is NOT affiliated with Desert Messenger.  

Jones is a candidate for Arizona House of Representatives Legislative District 5, covering La Paz & Mohave Counties. In the past Jones identified herself as an experienced dog groomer, but now she simply identifies herself as a publisher of the Desert Freedom Press. Jones published only 3 editions of her tabloid in all of 2015 and just one edition in 2016 to date. 

In 2014, Jones filed a civil rights lawsuit against me (and Towns of Parker & Quartzsite) in U.S. District Court for Arizona Under Section 1983 for posting an official government Press Release focusing on her alleged actions. To prevail in a claim under section 1983, the plaintiff must prove two critical points: a person subjected the plaintiff to conduct that occurred under color of state law, and this conduct deprived the plaintiff of rights, privileges, or immunities guaranteed under federal law or the U.S. Constitution.

The case was DISMISSED in the 

United States District Court of Arizona-Phoenix 

but Jones filed an appeal in 

United States Court of Appeals for the Ninth Circuit. 

On April 4, 2016, the US Court of Appeals AFFIRMED the District Court's judgement.

 The short ruling reads:

"A review of the record and the responses to the court’s November 17, 2015 order to show cause indicates that the questions raised in this appeal are so insubstantial as not to require further argument. See United States v. Hooton, 693 F.2d 857, 858 (9th Cir. 1982) (per curiam) (stating standard).

Accordingly, we summarily affirm the district court’s judgment. AFFIRMED"

The appeal went before Circuit Judges CANBY, LEAVY, and IKUTA.

(Affirmed – In the practice of the court of appeals, it means that the court of appeals has concluded that the lower court decision is correct and will stand as rendered by the lower court.)

Original Case: D.C. No. 2:14-CV-01907-SPL

U.S. District Court for Arizona, Phoenix
On May 29, 2015 Honorable Steven P. Logan, United States District Judge 
dismissed the case in its entirety with prejudice.

Here are some excerpts from Judge Logan's judgement: 
"3. Defendant Shanana Rain Golden-Bear
Lastly, Plaintiff names Golden-Bear as a defendant, the publisher of a free newspaper, “Desert Messenger,” a rival to Plaintiff’s free newspaper, “The Desert Freedom Press.” (Docs. 1 at 9; 35 at 1.) Plaintiff alleges that Golden-Bear violated her civil rights when she printed a press release issued by the Town of Quartzsite, which Plaintiff describes as “libelous and defamatory.” (Doc. 1 at 9.) This claim equally fails.

"Plaintiff does not bring a cause of action for libel or defamation; she brings a §1983 action. To survive a motion to dismiss under §1983, Plaintiff must show that: (1) a constitutional violation occurred; and (2) that deprivation was committed by a person acting under color of state law.” West v. Atkins, 487 U.S. 42, 48 (1988) (citation omitted).

"A person acts under color of state law when the person has “exercised power possessed by virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.” Id. at 49 (citation omitted).

"Here, Plaintiff does not allege that Golden-Bear is employed by the Town of Quartzsite, [however in her appeal she indeed did falsely claim that I was an employee of the Town] nor does she allege that Golden-Bear is an elected official for Quartzsite. Furthermore, even if assumed true, the publishing of a press release is not “made possible only because the wrongdoer is clothed with the authority of state law.” Id. Golden-Bear did not publish the press release under the color of state law and is not liable under a §1983 claim."

"DISMISSED in its entirety with prejudice."

Jones' only option now is to appeal to the United States Supreme Court. 

I've posted the court documents so readers can see for themselves her claims made to the Federal Court and the U.S. Court of Appeals. The PDF's are located at www.DesertMessengerNewsBlog.wordpress.com

I really appreciate all of your support during this long process! 
Finally JUSTICE IS SERVED!
~RAIN

Shanana Rain BearCat (AKA Golden-Bear)
Editor/Publisher
Desert Messenger - Quartzsite's FREE Community Paper - Now in our 12th Year!
PO Box 1385, Quartzsite, AZ 85359
Editor@DesertMessenger.com  www.DesertMessenger.com