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SMALLEY v. DETRICK

Nos. 2 CA-CV 93-0161, 2 CA-CV 93-0169.

176 Ariz. 208 (1993)

859 P.2d 1341

Kenneth SMALLEY and Libertarian Party, Plaintiffs/Appellees, v. Kathleen S. DETRICK, City Clerk, and City of Tucson, a municipal corporation, Defendants/Appellants. Jim MABRY and Libertarian Party, Plaintiffs/Appellees, v. Kathleen S. DETRICK, City Clerk, and City of Tucson, a municipal corporation, Defendants/Appellants.

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

September 21, 1993.

Attorney(s) appearing for the Case

Peter G. Schmerl, Tucson, for plaintiffs/appellees.

Frederick S. Dean, Tucson City Atty. by Dennis P. McLaughlin, Tucson, for defendants/appellants.

OPINION

LIVERMORE, Presiding Judge.

The election statutes provide that nominating petitions for city offices for districts within a city shall be signed by registered members of the same party "equal to at least five per cent and not more than ten per cent of the designated party vote in the ward, precinct or other district." A.R.S. § 16-322(A)(8). Under § 16-322(B), "the basis of percentage shall be the vote of the party for mayor" at the...

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