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MAY v. McNALLY

No. 1 CA-SA 02-0073.

49 P.3d 285 (2002)

203 Ariz. 13

Steve MAY, Petitioner, v. The Honorable Colleen A. McNALLY, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Betsey Bayless, as Secretary of State of the State of Arizona, acting in her official capacity; Carol Springer, as Treasurer of the State of Arizona, acting in her official capacity; and the Citizens Clean Elections Commission; and Arizonans for Clean Elections, Real Parties in Interest.

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

As Corrected June 19, 2002.

Attorney(s) appearing for the Case

Institute for Justice Arizona Chapter, By Clint Bolick, Timothy D. Keller, Thomas P. Liddy, Phoenix, and Institute for Justice, By William H. Mellor, Scott G. Bullock, Washington, DC, Attorneys for Petitioner.

Janet Napolitano, Attorney General, By Todd F. Lang, Assistant Attorney General, Phoenix, Attorneys for Real Party in Interest-Citizens Clean Elections Commission.

Arizona Center for Law in the Public Interest, By Timothy M. Hogan, Phoenix and Brennan Center for Justice at New York University School of Law, By Elizabeth Daniel, New York, NY, Attorneys for Real Party in Interest-Arizonans for Clean Elections.

OPINION

WEISBERG, Judge.

¶ 1 Steve May ("Petitioner") seeks special action review of the trial court's decision upholding a provision of the Citizens Clean Elections Act (the "Act"), which permits certain fine surcharges to be distributed to political candidates. See Ariz.Rev.Stat. ("A.R.S.") § 16-954(C) (Supp.2001). For the reasons set forth below, we reverse the trial court's decision.

BACKGROUND AND PROCEDURAL HISTORY

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