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KANNARR v. HARDY

No. 13365.

118 Ariz. 224 (1978)

575 P.2d 1250

John KANNARR and Libertarian Party of Arizona, Petitioners, v. The Honorable Charles L. HARDY, Judge of the Superior Court of Maricopa County, the State of Arizona ex rel. Wesley Bolin, Secretary of State, the County Recorders and Boards of Supervisors of Apache County, Cochise County, Coconino County, Gila County, Graham County, Greenlee County, Maricopa County, Mohave County, Navajo County, Pima County, Pinal County, Santa Cruz County, Yavapai County and Yuma County, Respondents.

Supreme Court of Arizona, En Banc.

Rehearing Denied April 4, 1978.

Attorney(s) appearing for the Case

Sorenson, Esser & Moore by Fred R. Esser, Phoenix, for petitioners.

Charles F. Hyder, Maricopa County Atty. by Q. Dale Hatch, Deputy County Atty., Phoenix, for respondent Maricopa County, et al.

Bruce E. Babbitt, Atty. Gen. by Steven J. Silver, Phoenix, for respondent Wesley Bolin, et al.

Neil Vincent Wake, Phoenix, for amicus curiae Arizona Civil Liberties Union.

HAYS, Justice.

This is a special action brought by the Libertarian Party of Arizona and John Kannarr, a qualified elector of this state and an elected member of the State Central Committee of the Libertarian Party of Arizona.

The principal issue raised by petitioners in the petition for special action was, what did the legislature intend by the term "total votes cast" in A.R.S. § 16-201 which requires that a...

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