KROMKO v. STATE

No. 2 CA-CIV 3875.

132 Ariz. 166 (1981)

644 P.2d 902

John KROMKO; George Johnston; and Kathleen Franzi, Petitioners/Appellants, v. The STATE of Arizona; Arizona Secretary of State; and Clerk of the Pima County Board of Supervisors, Respondents/Appellees.

Court of Appeals of Arizona, Division 2.

Review Granted December 8, 1981.


Attorney(s) appearing for the Case

O'Dowd & Burke by Bruce A. Burke, Tucson, for petitioners/appellants.

Robert K. Corbin, Atty. Gen. by Anthony B. Ching, Sol. Gen., and Toni S. McClory, Asst. Atty. Gen., Phoenix, for respondents/appellees.


OPINION

HOWARD, Judge.

The issue to be decided in this appeal is whether A.R.S. § 16-341(C), which provides that a nomination petition for an independent candidate for the general election can be signed only by voters who have not signed a nomination petition of a candidate for the office to be voted for at the last primary election and who have not voted at the primary election, is constitutional? We hold that it is not and reverse.

Each of the...

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