HUGHES v. MARTIN

No. CV-02-0222-AP/EL.

52 P.3d 197 (2002)

203 Ariz. 165

Ralph E. HUGHES, an elector, Plaintiff/Appellant, v. Douglas K. MARTIN, a candidate for State Mine Inspector in 2002; Betsey Bayless, as Secretary of State, Jessica Gifford Funkhouser, as Elections Director, Office of the Secretary of State; Apache County Board of Supervisors Members Joe Shirley Jr., Tom M. White, Jr., David A. Brown And Apache County Recorder Jeanne Udall; Coconino County Board of Supervisors Members Paul Babbitt Jr., Elizabeth Archulets, Matt Ryan, Deborah Hill, Louise Yellowman And Coconino County Recorder Candace Owens; Cochise County Board of Supervisors Members Patrick Call, Paul Newman, Leslie E. Thompson and Cochise County Recorder Christine M. Rhodes; Gila County Board of Supervisors Members Ron Christensen, Jose M. Sanchez, Cruz Salas and Gila County Recorder Linda Haught Ortega; Graham County Board of Supervisors Members Drew John, James A. Palmer, Mark C. Herrington and Graham County Recorder Wendy John; Greenlee County Board of Supervisors Members Donald R. Stacey, Hector Ruedas, Dixie L. Zumwalt and Greenlee County Recorder Katie Clonts; La Paz County Board of Supervisors Members Eugene M. Fisher, Clifford Edey, Jay Howe and La Paz County Recorder Patricia L. Wall; Maricopa County Board of Supervisors Members Fulton Brock, Don Stapely, Andrew Kunasek, Janice K. Brewer, Mary Rose Garrido Wilcox and Maricopa County Recorder Helen Purcell; Mohave County Board of Supervisors Members Pete Byers, Tom Sockwell, Buster D. Johnson and Mohave County Recorder Joan McCall; Navajo County Board of Supervisors Members Percy Deal, Jesse Thompson, J.E. Despain, Lewis Tenney, Jerry Brownlow and Navajo County Recorder Laurette Justman; Pinal County Board of Supervisors Members Lionel D. Ruiz, Sandie Smith, Jimmie B. Kerr and Pinal County Recorder Laura Dean-Lytle; Pima County Board of Supervisors Members Ann Day, Dan Eckstrom, Sharon Bronson, Ray Carroll, Raul M. Grijalva and Pima County Recorder F. Ann Rodriguez; Yavapai County Board of Supervisors Members Gheral Brownlow, Lorna Street, Chip Davis and Yavapai County Recorder Patsy Jenney-Colon; Santa Cruz County Board of Supervisors Members Manuel Ruiz, Robert Damon, John C. Maynard, Jr. And Santa Cruz County Recorder Suzanne Sainz; Yuma County Board Of Supervisors Members Lenore Stuart, Lucy Shipp, Casey Prochaska, Tony Reyes, Robert McLendon and Yuma County Recorder Susan K. Marler, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

August 20, 2002.


Attorney(s) appearing for the Case

Irvine Van Riper, P.A. by Thomas K. Irvine and Larry Wulkan, Phoenix, Attorneys for Ralph E. Hughes.

Gammage & Burnham by Lisa T. Hauser and Cameron A. Artigue, Phoenix, Attorneys for Douglas K. Martin.


OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This nomination petition challenge asks us to determine whether propositions 101 and 107, both adopted by voters in the 1992 election, conflict. We conclude the propositions do not conflict and that, taken together, they provide that a person elected as mine inspector serves for a four-year term and is limited to four consecutive terms.

I.

¶ 2 In 1992, the voters adopted two amendments...

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