Cesar Chavez to be removed from ballot, plans to appeal

A judge ruled Tuesday that Cesar Chavez, the former Republican who changed his name from Scott Fistler, will be removed from the primary ballot in the 7th Congressional District because hundreds of his signatures were invalid.

Chavez, who acted as his own attorney in a hearing which veered from comical antics to tearful testimony, vowed to appeal the decision to the Arizona Supreme Court.

He asked supporters to "funnel money" to his campaign and find him legal counsel.

The ruling caps a bizarre episode in Arizona politics, one observers have called unprecedented. It attracted international media attention when The Republicrevealed the full story behind Chavez, the candidate who chose the name of a deceased civil-rights leader and registered as a Democrat for political gain in the heavily Hispanic left-leaning district.

He had lost two previous elections. His familiar name threatened to siphon votes in a hotly contested race to replace longtime retiring Rep. Ed Pastor, D-Ariz.

Chavez accused political competitors of targeting him. Ruben Gallego and Mary Rose Wilcox are considered the frontrunners.

"I don't know why. I try to play by the rules," he said. "They wanted to knock me off the ballot. It was simply a strategic, heartless maneuver made by my opposition."

Alejandro Chavez, the labor leader's grandson, said he was glad Chavez, the candidate, was held accountable.

His lawsuit alleged that hundreds of the candidate's signatures were invalid and his legal name-change was intended to defraud voters.

But by the end of the hearing, Jim Barton, the plaintiff's attorney, withdrew the charge that Chavez changed his name "as part of a coherent scheme."

"I believed it was an attempt to try and fool voters, but now that I've met him, I don't believe that was his intent," Alejandro Chavez said after the hearing, even praising the candidate's passion and hard work to collect petitions.

The candidate broke down crying during the hearing, testifying on the stand as his sole witness, as he spoke of his great-grandfather's military service. He later said he spent two years in the Army, was stationed in Korea and was discharged with a military disability.

"You've got to forgive me, your honor," Chavez told the judge at one point during the proceedings, after being reminded to follow proper court procedures. "I don't have a lawyer, and I'm doing my best."

Judge John Rea rejected the lawsuit's charges that the candidate used the wrong size of paper to collect signatures and failed to register as a Democrat before collecting them.

However, Rea ruled that 711 of Chavez's 1,455 signatures, or about 48 percent, were invalid because the signers were not registered to vote, did not live in the district or were not Democrats or independents.

The ruling put Chavez's nomination 295 signatures below the 1,039 requirement to make the ballot.

The candidate has until June 27 to appeal.