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MORENO v. JONES

No. CV-06-0237-AP/EL.

139 P.3d 612 (2006)

213 Ariz. 94

Paul MORENO, Plaintiff/Appellee, v. Russell L. JONES, Defendant/Appellant, Jan Brewer, Arizona Secretary of State; Eugene Fisher, in his official capacity as a member of the La Paz County Board of Supervisors; Clifford Edey, in his official capacity as a member of the La Paz County Board of Supervisors; Mary Scott, in her official capacity as a member of the La Paz County Board of Supervisors; Leonore Lonora Stuart, in her official capacity as a member of the Yuma County Board of Supervisors; Kathryn Prochaska, in her official capacity as a member of the Yuma County Board of Supervisors; Marco A. Reyes, in his official capacity as a member of the Yuma County Board of Supervisors; Gregory F. Ferguson, in his official capacity as a member of the Yuma County Board of Supervisors; Shelley Baker, in her official capacity as Recorder for La Paz County; Susan Hightower Marler, in her official capacity as Recorder for Yuma County, Defendants.

Supreme Court of Arizona, In Division.

August 9, 2006.

Attorney(s) appearing for the Case

Perkins Coie Brown & Bain PA by Paul F. Eckstein, Charles A. Blanchard, Rhonda L. Barnes, Patricia A. Alexander, Phoenix, Attorneys for Paul Moreno.

Terri Skladany, Acting Arizona Attorney General by Emma Lehner Mamaluy, Assistant Attorney General, Peter A. Silverman, Assistant Attorney General, Diana L. Varela, Assistant Attorney General, Phoenix, Attorneys for Jan Brewer.

Jon R. Smith, Yuma County Attorney by Robert Lee Pickels, Jr., Deputy County Attorney, William J. Kerekes, Deputy County Attorney, Yuma, Attorneys for Leonore Lonora Stuart, Kathryn Prochaska, Marco A. Reyes, Gregory F. Ferguson, and Susan Hightower Marler.

Williams & Associates by Scott E. Williams, Mark Zinman and Law Office of Robert E. Melton by Robert E. Melton, Scottsdale, Attorneys for Russell L. Jones.

Andrew P. Thomas, Maricopa County Attorney by Geraldine L. Roll, Deputy County Attorney, Phoenix, Attorneys for Eugene Fisher, Clifford Edey, Mary A. Scott, and Shelley Baker.

OPINION

BALES, Justice.

¶ 1 This case concerns elector Paul Moreno's challenge to nomination petitions filed by Russell L. Jones, a Republican candidate for State Senate in Legislative District 24. Jones appealed from a superior court decision finding that he had committed petition forgery, disqualifying him from the primary election ballot, and declaring him ineligible for elected office for five years. The expedited appeal was considered by a division...

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