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OPEN PRIMARY ELECTIONS NOW v. BAYLESS

No. CV-98-0412-AP.

969 P.2d 649 (1998)

193 Ariz. 43

OPEN PRIMARY ELECTIONS NOW, a political committee registered with the Arizona Secretary of State; and Grant Woods, Paul Johnson, Richard Mayol and Kathy Thompson, individuals, Plaintiffs-Appellants, v. Betsey BAYLESS, Secretary of State of Arizona, in her official capacity; Candace C. Owens, Coconino County Recorder; Linda Haught Ortega, Gila County Recorder; Helen Purcell, Maricopa County Recorder; and Patsy Jenney-Colon, Yavapai County Recorder, in their official capacities, Real Parties in Interest; Board Of Supervisors of Apache County; Board of Supervisors of Cochise County; Board of Supervisors of Coconino County; Board of supervisors of Gila County; Board of Supervisors of Graham County; Board of Supervisors of Greenlee County; Board of Supervisors of La Paz County; Board of Supervisors of Mohave County; Board of Supervisors of Maricopa County; Board of Supervisors of Navajo County; Board of Supervisors of Pima County; Board of Supervisors of Pinal County; Board of Supervisors of Santa Cruz County; Board of Supervisors of Yavapai County; And Board of Supervisors of Yuma County, Defendants-Appellees, David Crete and Tom Head, Intervenor-Defendants-Appellees.

Supreme Court of Arizona, En Banc.

December 10, 1998.

Attorney(s) appearing for the Case

Brown & Bain, P.A. by Paul F. Eckstein, Timothy A. Nelson and Dan L. Bagatell, Phoenix, Attorneys for Appellants.

Gallagher & Kennedy, P.A. by John E. Lundin, Elliot Talenfeld and Jeffrey D. Gross, Phoenix, Attorneys for Appellee Betsey Bayless, Secretary of State.

Richard M. Romley, Maricopa County Attorney by Jill M. Kennedy, Deputy County Attorney, Phoenix, Attorneys for Maricopa County Board of Supervisors, Helen Purcell, Maricopa County Recorder, Candace C. Owens, Coconino County Recorder, and Coconino County Board of Supervisors.

Miller LaSota & Peters, PLC, by Donald M. Peters, Phoenix, Attorneys for David Crete and Tom Head.

Lisa T. Hauser, Scottsdale, Attorney for David Crete and Tom Head.

McGREGOR, Justice.

¶ 1 On August 17, 1998, the Secretary of State, relying in part upon her rejection of signatures obtained by a petition circulator whom the Gila County Recorder (County Recorder) had disqualified, declared that Proposition 106, the Open Primary Initiative, lacked sufficient valid signatures to permit placing the initiative on the November 1998 general election ballot. Appellants attempted to challenge that decision by filing an action in superior...

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