A data error at the county recorder’s office could have impacted the tight margin between the two candidates vying for Ward 3 in the Democratic primary, argues a lawsuit filed by challenger Sadie Shaw.
Now, the legal filing from Shaw’s campaign requests a pause on general election ballots and to order a new election take place against incumbent Kevin Dahl for the Democratic nomination.
The filing asks the court to “set aside the August 5, 2025 Ward 3 Democratic primary election and order that a new election take place.”
As of the most recent count, only 19 votes separated the two candidates. Nearly four times as many Democratic voters may have been impacted by the data error, the Shaw campaign said in a court filing dated Aug. 15.
“This isn’t about me. It’s about protecting our democracy and ensuring that the voices of Ward 3 residents, especially those in low‐income and historically marginalized communities, are not silenced by administrative mistakes,” Shaw said in a statement. “My campaign has always stood for fairness, transparency, and accountability, and this action upholds those values and reinforces voter confidence.
Just days before the Aug. 5 election, Pima County confirmed a data error that resulted in 358 voters being mailed the wrong ballots.
The city mailed an official letter to voters impacted by the error, while the Pima County Recorder’s Office also contacted them using the phone numbers and email addresses listed in their voting records, the office said in a news release.
The Ward 3 primary election on Aug. 5 returned a narrow margin of 19 votes between candidates and moved to an automatic recount. Dahl leads with 3,296 votes. Shaw has 3,277.
The recount is now paused until the election challenge is resolved, according to a city of Tucson press release.
A spokesperson for the Pima County Recorder’s Office told Arizona Luminaria they were currently working to gather data to provide answers in court.
“Our office remains dedicated to transparency and to helping voters participate in the electoral process,” Michael Truelsen said.
Dahl declined to comment.
Ward 3 is the only Tucson city council primary race this year to go to a recount. The winner will face Republican Janet Wittenbraker in November.
Ward 3 includes the Flowing Wells neighborhood to the west, to Swan Road on the east; River Road to the north and the neighborhoods around Drachman to the south — including Sugar Hill and Jefferson Park.
The Pima County Superior Court has set a hearing on the challenge for Monday, Aug. 25, at 2 p.m.
Read the full court filing below:
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