FLEISCHMAN v. PROTECT OUR CITY

No. CV-06-0333-AP/EL.

153 P.3d 1035 (2007)

Chris FLEISCHMAN, a registered voter in the City of Phoenix, Kathy Roediger, a registered voter in the City of Phoenix, Alfredo Gutierrez, a registered voter in the City of Phoenix, Plaintiffs/Appellees, v. PROTECT OUR CITY, a political organization, Defendant/Appellant, Mario Paniagua, in his official capacity as City Clerk of the City of Phoenix; Helen Purcell, in her official capacity as Recorder of Maricopa County, Arizona; Karen Osborne, in her official capacity as Director of Elections of Maricopa County, Arizona; and Don Stapley, Fulton Brock, Andrew Kunasek, Max Wilson and Mary Rose Wilcox, in their official capacities as Members of the Board of Supervisors of Maricopa County, Arizona; Mayor Phil Gordon, in his official capacity as Mayor of the City of Phoenix; Dave Siebert, Peggy Neely, Peggy Bilsten, Tom Simplot, Claude Mattox, Greg Stanton, Doug Lingner and Michael Johnson, in their official capacities as Members of the City Council of the City of Phoenix, Defendants.

Supreme Court of Arizona, En Banc.

March 14, 2007.


Attorney(s) appearing for the Case

Perkins Coie Brown & Bain, P.A. by Charles A. Blanchard, Rhonda L. Barnes, Colin P. Ahler, Phoenix, and Altshuler, Berzon, Nussbaum, Rubin & Demain by Stephen P. Berzon, Danielle E. Leonard, San Francisco, CA, and Roush, McCracken, Guerrero, Miller & Ortega by Daniel R. Ortega, Jr., Phoenix, Attorneys for Chris Fleischman, Kathy Roediger, and Alfredo Gutierrez.

Ahwatukee Legal Office by David L. Abney, Phoenix, Attorneys for Protect Our City.

Gary Verburg, Phoenix City Attorney by Larry F. Felix, Assistant City Attorney, Phoenix, Attorneys for Amicus Curiae City of Phoenix.


OPINION

BALES, Justice.

¶ 1 The legislature has directed, as a matter of general law, that once petition signature sheets are filed in support of a ballot measure, "no additional petition sheets may be accepted for filing." Ariz.Rev.Stat. ("A.R.S.") § 19-121(B) (2002). Consistent with this mandate, we hold that municipal laws that allow the filing of supplemental signatures in support of local ballot measures are invalid. This opinion explains...

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