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SHERMAN v. CITY OF TEMPE

No. 1 CA-CV 00-0348.

24 P.3d 1285 (2001)

200 Ariz. 190

Barbara J. SHERMAN; Thomas L. Sherman; Eleonore Curran; Nancy Goren; Gary Goren; Carole Hunsinger; Jalma W. Hunsinger; Catherine M. Mancini; And Dominic D. Mancini, Contestant, Plaintiffs-Appellants, v. CITY OF TEMPE and Neil Giuliano, Contestee, Defendants-Appellees.

Court of Appeals of Arizona, Division 1, Department D.

June 5, 2001.

Attorney(s) appearing for the Case

Brown & Bain, P.A., by Paul F. Eckstein and John A. Buttrick and Shelley D. Cutts, Phoenix, Attorneys for Contestant, Plaintiffs-Appellants.

C. Brad Woodford, Tempe City Attorney, by C. Brad Woodford and Janis L. Bladine, Assistant City Attorney and Clifford L. Mattice, Assistant City Attorney, Tempe, Attorneys for Contestee, Defendants-Appellees.

Arizona Center for Law in the Public Interest, by Timothy M. Hogan and Karen Kahler, Phoenix, Attorneys for Amicus Curiae.

OPINION

GARBARINO, Presiding Judge.

¶ 1 From the inception of statehood, Arizona's public policy has been to have an informed electorate. Indeed, this policy is firmly embodied in our constitution. To further the constitutional policy of adequately informing the state's voting population, the legislature has enacted statutes that require cities, under certain circumstances, to distribute publicity pamphlets that inform the voters of the nature and details...

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