KLEBBA v. CARPENTER

No. CV-06-0239-AP/EL.

139 P.3d 609 (2006)

213 Ariz. 91

Kay KLEBBA, an individual and qualified elector, Plaintiff/Appellant/Cross-Appellee, v. Ted CARPENTER, an individual, Defendant/Appellee/Cross-Appellant, The Honorable R. Fulton Brock, Don Stapley, Andrew Kunasek, Max W. Wilson, Mary Rose Wilcox, the duly elected or appointed members of the Maricopa County Board of Supervisors, who are named solely in their Official capacity; the Maricopa County Board of Supervisors; the Honorable Helen Purcell, the duly elected Maricopa County Recorder, who is named solely in her official capacity, and the Honorable Karen Osborne, the duly appointed Maricopa County Director of Elections, who is solely named in her official capacity; the Honorable Janice K. Brewer, the duly elected Arizona Secretary of State, who is named solely in her Official Capacity, Defendants.

Supreme Court of Arizona, In Division.

August 9, 2006.


Attorney(s) appearing for the Case

Boates & Crump PLLC by Craighton T. Boates, Anthem, Attorneys for Kay Klebba.

Cantelme & Brown PLC by David J. Cantelme, D. Aaron Brown, Phoenix, Attorneys for Ted Carpenter.

Andrew P. Thomas, Maricopa County Attorney by Bruce P. White, Deputy County Attorney, Phoenix, Attorneys for R. Fulton Brock, Don Stapley, Andrew Kunasek, Max Wilson, Mary Rose Wilcox, Helen Purcell, and Karen Osborne.

Terri Skladany, Acting Arizona Attorney General by Diana L. Varela, Assistant Attorney General, Phoenix, Attorneys for Janice Brewer, Arizona Secretary of State.


OPINION

HURWITZ, Justice.

¶ 1 This case arises out of a challenge to nomination petitions filed by Ted Carpenter, a Republican candidate for the State Senate in Legislative District 6. We previously ordered this appeal dismissed for lack of jurisdiction; this opinion explains our reasoning.

I.

¶ 2 After Carpenter submitted his nomination petitions, Kay Klebba, a registered voter in District...

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