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KYLE v. DANIELS

No. CV-00-0286-AP/EL.

9 P.3d 1043 (2000)

198 Ariz. 304

Richard KYLE, an individual and elector, Petitioner/Appellee. v. Lori DANIELS, real party in interest, Respondent/Appellant, Betsey Bayless, the duly elected Secretary of State of Arizona who is named solely in her official capacity; R. Fulton Brock, Don Stapley, Andrew W. Kunasek, Janice K. Brewer, Mary Rose Wilcox are the duly elected or appointed members of the Maricopa County Board of Supervisors who are named solely in their official capacity; Helen Purcell, the duly elected Maricopa County Recorder who is named solely in her official capacity; and Karen Osborne, the duly appointed Maricopa County Director of Elections who is named solely in her official capacity, Respondents/Appellants.

Supreme Court of Arizona.

August 16, 2000.

Attorney(s) appearing for the Case

Gallagher & Kennedy by Jeffrey D. Gross, Phoenix, for Petitioner/Appellee Kyle.

Meyers, Taber & Meyers, P.C. by Lisa T. Hauser, J. Tyrrell Taber, Phoenix, for Respondent/Appellant Daniels.

Janet Napolitano, Attorney General by Joseph Kanefield, Assistant Attorney General, Phoenix, for Secretary of State Bayless.

Richard M. Romley, Maricopa County Attorney by Jill M. Kennedy, County Attorney Division of County Counsel, Phoenix, for Respondents/Appellants Maricopa County Board of Supervisors and Helen Purcell, Maricopa County Recorder.

OPINION

JONES, Vice Chief Justice.

¶ 1 This is an expedited appeal. Accordingly, the matter was considered by a division of the court consisting of Chief Justice Zlaket, Vice Chief Justice Jones, and Justice Feldman. The court issued its dispositive order August 9, 2000, and indicated a formal opinion would follow. This is that opinion.

¶ 2 We are asked to decide whether A.R.S. § 16-312(D) (Supp.1999) prohibits a person from running...

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