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ARIZONA LIBERTARIAN PARTY v. SCHMERAL

No. 1 CA-CV 00-0335.

28 P.3d 948 (2001)

200 Ariz. 486

The ARIZONA LIBERTARIAN PARTY; Elizabeth A. Brandenburg-Andreasen; Ernest Hancock; The Arizona Democratic Party; and The Arizona Republican Party, Plaintiffs-Appellees, Cross Appellants, v. Peter SCHMERAL; Katherine Gallant; and The Arizona Libertarian Party, Inc., Defendants-Appellants, Cross Appellees.

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

As Corrected September 20, 2001.

Attorney(s) appearing for the Case

Brown & Bain, P.A. by John A. Buttrick, Phoenix, Attorneys for Plaintiffs-Appellees, Cross Appellants Arizona Libertarian Party and Brandenburg-Andreasen.

Kimerer & Lavelle, P.L.C. by Thomas V. Rawles, Phoenix, Attorneys for Plaintiff-Appellee, Cross Appellant Hancock.

Goodwin Raup, P.C. by Marty Harper, Phoenix, Attorneys for Plaintiff-Appellee, Cross Appellant Arizona Democratic Party.

Martinez & Curtis, by Joseph F. Abate, Phoenix, and Hallman & Affiliates by Hugh L. Hallman, Tempe, Attorneys for Plaintiff-Appellee, Cross Appellant Arizona Republican Party.

David T. Hardy, Tucson, Attorney for Defendants-Appellants, Cross Appellees.

OPINION

BERCH, Judge.

¶ 1 In this opinion, we address a challenge by the Arizona Libertarian Party and two of its leaders, the Arizona Democratic Party, and the Arizona Republican Party to the constitutionality of statutes governing the selection of some internal party leaders. See Ariz.Rev.Stat. ("A.R.S.") §§ 16-824 to -828 (1996). We affirm the trial court's ruling that these statutes are constitutional, but reverse that portion of...

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