Attorney: Pearce opponent a 'sham'

MESA, AZ - A Chandler attorney filed a restraining order Monday seeking to remove a candidate from the ballot in the recall election of Senate President Russell Pearce .

Attorney Tom Ryan seeks to have Olivia Cortes ' name removed from the ballot under Arizona Revised Statute section 16-1006 .

The statute states, "It is unlawful...To defraud an elector by deceiving and causing him to vote for a different person for an office or for a different measure than he intended or desired to vote for."

Ryan alleges Cortes is a diversionary candidate attempting to siphon votes away from Pearce's opponent in the recall election, Jerry Lewis .

The restraining order would prohibit the Secretary of State from distributing ballots with Cortes' name on it until a judge can rule on whether Cortes' campaign is legitimate.

Attempts to reach Cortes or any member of her campaign staff have been unsuccessful.

Jerry Lewis' campaign released the following statement to ABC15 late Monday afternoon:

"Our campaign is not connected to the court filing seeking to establish the legitimacy of the Cortez campaign. We will let others deal with the apparent dirty politics that are plaguing this election. Our focus is on our positive message of bringing a fresh voice to Mesa politics. If Ms. Cortez is a real candidate, we look forward to her making an appearance and sharing her views on the issues. Campaigning by press release only reinforces the appearance that she isn't for real."

Russell Pearce has yet to respond to an interview request.

Ryan admits he may be forced to withdraw his restraining order due to the fact 102 early ballots with Cortes' name on them have already been shipped to military members serving overseas.

A hearing in the case is scheduled for Thursday morning.