KAUTENBURGER v. JACKSON

No. 6708.

85 Ariz. 128 (1958)

333 P.2d 293

Lambert KAUTENBURGER, Thomas S. Jay, and Dennis B. Weaver, members of and constituting the Board of Supervisors of Pima County, Arizona, Appellants, v. L. Tipton JACKSON, on behalf of himself and all other electors of the State of Arizona residing in Pima County, Arizona, and all other persons similarly situated, Appellee, and James T. O'Neil, James Hart and James Lindsay, members of and constituting the Board of Supervisors of Maricopa County, Arizona, and Dick Searies, amici curiae.

Supreme Court of Arizona.

December 17, 1958.


Attorney(s) appearing for the Case

Raul H. Castro, Pima County Atty., Tucson, for appellants.

Scruggs & Rucker, Tucson, for appellee.

Lewis, Roca, Scoville, Beauchamp & Linton, Phoenix, for amici curiae, the Bd. of Supervisors of Maricopa County.

Botsford, Turner, Roe & Brown, Scottsdale, for amicus curiae, Dick Searles.


WINDES, Justice.

The instant action involves the constitutionality of sections 16-533 and 16-796, A.R.S. Section 16-533 provides for alternating the names of primary candidates upon the ballots so that each candidate shall appear substantially an equal number of times at the top, bottom and intermediate places on the list of candidates in which he belongs. Subsection C provides "the provisions of this section shall not apply where voting machines are used." Section...

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