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SHERMAN v. CITY OF TEMPE

No. CV-01-0287-PR.

45 P.3d 336 (2002)

202 Ariz. 339

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.

Supreme Court of Arizona, En Banc.

April 12, 2002.

Attorney(s) appearing for the Case

Brown & Bain, P.A., by Paul F. Eckstein, Joel W. Nomkin, Shelley D. Cutts, Phoenix, Attorneys for Barbara J. Sherman, et al.

Osborn Maledon, P.A., by Andrew D. Hurwitz, Jill Harrison, Thomas Hudson, Phoenix, Attorneys for City of Tempe and Neil Giuliano.

Tempe City Attorney's Office, by C. Brad Woodford, City Attorney, Janis L. Bladine, Assistant City Attorney, Tempe, Attorneys for City of Tempe and Neil Giuliano.

Janet Napolitano, Attorney General, by Joseph Kanefield, Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Secretary of State.

Timothy M. Hogan, Phoenix, Attorney for Amicus Curiae League of Women Voters of Arizona.

David R. Merkel, Tempe, General Counsel, Amicus Curiae League of Arizona Cities and Towns.

Michael D. House, Dennis P. McLaughlin, Tucson, Attorneys for Amicus Curiae City of Tucson.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 We granted review to determine whether the City of Tempe ("the City") violated Arizona election statutes by failing to mail publicity pamphlets ten days before the start of early voting for its May 16, 2000 general election and, if so, whether the City's charter amendment, formerly Proposition 100, must be invalidated. We also consider whether the charter amendment violates the Arizona Constitution's prohibition...

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