The Arizona Republic

Where is the logic in court ruling on Shooter?

- Laurie Roberts

The Arizona Supreme Court has ruled that Don Shooter lives in a Yuma apartment that has no electricit­y.

And not, not, absolutely not at the house he owns in north Phoenix where he spends most of his time and gets all of his mail. The one where his wife lives. The one claimed on property-tax records as the couple’s primary residence.

No really. That’s what the state’s highest court has ruled.

As a result, Shooter can run for the state Senate in the sprawling western Arizona district where he stashes some furniture in an apartment.

Now, that’s the funniest thing I’ve read all week.

Count attorney Tim La Sota among the perplexed. The court, he said, didn’t even address the basic question of what constitute­s residency for the purposes of running for the Legislatur­e.

“It’s pretty clear that renting an apartment, electricit­y optional, and basically calling a place home is your residence if you run for something,” said La Sota, who represente­d the Republican candidate who challenged Shooter’s residency.

Ask your average 10-year-old where Don Shooter lives, and the answer will be instant.

He lives where he lays his head at night, where he brushes his teeth in the morning. In this case, in the house he owns near the Biltmore — the one that also is occupied by his wife and has central air-conditioni­ng.

But, alas, 10-year-olds aren’t called upon to employ common sense in courts.

Pity, that.

Shooter, the ex-legislator tossed out of the House earlier this year for harassing women, decided to run to regain his old Senate seat. There was just one problem.

After his ouster in February, his voter registrati­on was switched to the address of the home he owns in Phoenix.

Brent Backus, also a candidate for the Yuma Senate seat, challenged Shooter’s qualificat­ions to run, noting that Arizona law requires a candidate to live in the district he or she seeks to represent.

During a hearing in Superior Court earlier this month, Shooter acknowledg­ed that he has spent two-thirds of his time at his Phoenix house since he got the boot from the Legislatur­e.

But he insisted that the Yuma apartment he rents remains his home sweet home, despite the fact that the electricit­y was turned off in February.

As for his how his voter registrati­on was briefly changed to Phoenix in April, then quickly changed back to Yuma just before he filed to run again? Well, that’s a mystery, he testified. Maricopa County Superior Court Judge Rosa Mroz ruled that Shooter

lives in Yuma. She noted that his driver’s license, vehicle registrati­on and tax returns list the Yuma apartment — where he has furniture and the occasional guest.

She accepted Shooter’s explanatio­n that his wife turned off the electricit­y to save money after he was thrown out of the Legislatur­e.

Shooter, Mroz wrote, “has always intended to go back to the Yuma Apartment and remain as a resident of Yuma County.”

Except, of course, for the fact that he didn’t. The Supreme Court on Wednesday backed up the judge, saying it has to “view the evidence in the light most favorable to supporting the trial court’s decision.”

As opposed to, say, viewing it in the light most favorable to common sense.

Disclaimer: One of my relatives serves on the Supreme Court and was one of four justices who participat­ed in this ridiculous departure from reality.

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