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THE ASS'N OF AMERICAN PHYSICIANS & SURGEONS v. BREWER

No. 05-15630.

486 F.3d 586 (2007)

THE ASSOCIATION OF AMERICAN PHYSICIANS & SURGEONS, a nonprofit corporation; Matt Salmon, a citizen of the State of Arizona; Dean Martin, a citizen of the State of Arizona, Plaintiffs-Appellants, Steven S. Poe; Clean Elections Institute, Inc., Intervenors-Appellees, and Lori Daniels, a citizen of the State of Arizona, Plaintiff, v. Jan BREWER, in her official capacity as Secretary of State of the State of Arizona; David A. Peterssen, in his official capacity as Treasurer of the State of Arizona; Terry Goddard, in his official capacity as Attorney General of the State of Arizona; Leslie Lemon, a member of the Arizona Citizens Clean Elections Commission aka Gene Lemon; David G. McKay, a member of the Arizona Citizens Clean Elections Commission; Kathleen S. Deetrick, a member of the Arizona Citizens Clean Elections Commission; Ermila Jolley, a member of the Arizona Citizens Clean Elections Commission; Marcia Busching, a Member of the Arizona Citizens Clean Elections Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 10, 2007.

Attorney(s) appearing for the Case

Timothy D. Keller, Tempe, Arizona; William R. Maurer, Seattle, WA, for the plaintiffs-appellants.

Craig W. Soland, Phoenix, AR, for the defendants-appellees.

Deborah Goldberg, New York, NY, for the intervenors-appellees.

Before: JOHN T. NOONAN, RONALD M. GOULD, and JOHNNIE B. RAWLINSON, Circuit Judges.

NOONAN, Circuit Judge:

Jan Brewer, the Secretary of State of the State of Arizona and other officials (the State) were sued by the Association of American Physicians and Surgeons (the Association) and three citizens of Arizona (the Candidates) who challenged the Arizona Citizens Clean Elections Act, A.R.S. § 16-940 et seq., adopted by ballot initiative in 1998(the Clean Elections Act). The district court dismissed the complaint for failure to state a cause of...

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