PUBLIC INTEGRITY ALLIANCE, INC. v. CITY OF TUCSON

No. 15-16142.

805 F.3d 876 (2015)

PUBLIC INTEGRITY ALLIANCE, INC., an Arizona nonprofit membership corporation; Bruce Ash, an individual; Fernando Gonzales, an individual; Ann Holden, an individual; Lori Oien, an individual; Ken Smalley, an individual, Plaintiffs-Appellants, v. CITY OF TUCSON, a chartered city of the State of Arizona; Jonathan Rothschild, in his capacity as the Mayor of the City of Tucson; Regina Romero, in her capacity as a member of the Tucson City Council; Paul Cunningham, in his capacity as a member of the Tucson City Council; Karin Uhlich, in her capacity as a member of the Tucson City Council; Shirley Scott, in her capacity as a member of the Tucson City Council; Richard Fimbres, in his capacity as a member of the Tucson City Council; Steve Kozachik, in his capacity as a member of the Tucson City Council; Roger Randolph, in his capacity as the Clerk of the City of Tucson, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2015.


Attorney(s) appearing for the Case

Kory A. Langhofer (argued), Thomas J. Basile and Roy Herrera, Jr. , Brownstein Hyatt Farber Schreck, LLP, Phoenix, AZ, for Plaintiffs-Appellants.

Michael G. Rankin , City Attorney, Dennis McLaughlin , (argued), Principal Assistant City Attorney, Office of the Tucson City Attorney, Tucson, AZ, and Richard Rollman , Gabroy Rollman & Bosse PC, Tucson, AZ, for Defendants-Appellees.

Opinion by Judge KOZINSKI; Dissent by Judge TALLMAN.


OPINION

We consider the constitutionality of Tucson's unusual system for electing members of its city council.

FACTS

Tucson's elections are ordinary in many ways. The city is divided into six wards of approximately equal population, and each ward is allotted one seat on the city council. A candidate...

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