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GALLARDO v. STATE

No. 1 CA-CV 14-0272A.

335 P.3d 523 (2014)

Steve GALLARDO, an individual; Lydia Guzman, an individual; Marcus Lara, an individual; Rose Marie Duran Lopez, an individual; Randloph Lumm, an individual; and Martin Quezada, an individual, Plaintiffs/Appellants, v. STATE of Arizona, a body politic; Helen Purcell, in her official capacity as Maricopa County Recorder; Karen Osborne, in her official capacity as Maricopa County Director of Elections; Maricopa County board of Supervisors; and Denny Barney, Steve Chueri, Andy Kunasek, Clint L. Hickman, and Mary Rose Wilcox, in their official capacities as members of the Maricopa County Board of Supervisors, Defendants/Appellees.

Court of Appeals of Arizona, Division 1.

As Amended July 29, 2014.

Attorney(s) appearing for the Case

Perkins Coie LLP, By Paul F. Eckstein , Jessica L. Everett-Garcia , D. Andrew Gaona and Alexis E. Danneman , Phoenix, Lawyers' Committee for Civil Rights Under Law, By Robert A. Kengle and Rosa E. Zamora , Washington, D.C., Pro Hac Vice Co-Counsel for Plaintiffs/Appellants.

Arizona Attorney General's Office, By Robert L. Ellman and David D. Weinzweig , Phoenix, Counsel for Defendant/Appellee State of Arizona.

Presiding Judge MICHAEL J. BROWN delivered the Opinion of the Court, in which Judge DONN KESSLER joined and Judge RANDALL M. HOWE specially concurred.

OPINION

BROWN, Judge.

¶ 1 In this opinion we address the constitutionality of a statute that mandates adding two at-large positions to the boards of community college districts located within counties of at least three million people. For reasons explained below, we conclude the statute is a special law that violates the Arizona Constitution.

BACKGROUND

¶ 2 Ten community college districts...

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