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FERNANDEZ v. STATE PERSONNEL BD.

No. 2 CA-CV 92-0007.

175 Ariz. 39 (1992)

852 P.2d 1223

Ruben FERNANDEZ, Plaintiff/Appellee, v. STATE PERSONNEL BOARD, Department of Corrections, and Samuel Lewis, Director, Defendants/Appellants.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied October 21, 1992.

Review Denied June 15, 1993.

Attorney(s) appearing for the Case

William L. Tifft, Globe, for plaintiff/appellee.

Grant Woods, Atty. Gen. by Kathryn J. Winters, Paula S. Bickett and Patricia Kimmel, Rule 38 Law Student, Phoenix, for defendants/appellants Dept. of Corrections and Samuel Lewis, Director.

OPINION

DRUKE, Presiding Judge.

In this appeal we must decide the constitutionality of that portion of A.R.S. § 41-772 which prohibits all but certain state employees from being elected "to any paid public office" or holding "any paid, elective public office." This constitutional dispute arises from the following factual and procedural setting.

Appellee Ruben O. Fernandez was hired by the Arizona Department of Corrections (DOC) as a Correctional...

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