FELDMAN v. ARIZONA SECRETARY OF STATE'S OFFICE

No. 16-16865.

840 F.3d 1165 (2016)

Leslie FELDMAN; Luz Magallanes; Mercedez Hymes; Julio Morera; Cleo Ovalle; Peterson Zah, Former Chairman and First President of the Navajo Nation; The Democratic National Committee; DSCC, aka Democratic Senatorial Campaign Committee; The Arizona Democratic Party; Kirkpatrick for U.S. Senate; Hillary for America, Plaintiffs-Appellants, Bernie 2016, Inc., Intervenor-Plaintiff-Appellant, v. ARIZONA SECRETARY OF STATE'S OFFICE; Michele Reagan, in her official capacity as Secretary of State of Arizona; Maricopa County Board of Supervisors; Denny Barney; Steve Chucri; Andy Kunasek; Clint Hickman; Steve Gallardo, Member of the Maricopa County Board of Supervisors, in their official capacities; Maricopa County Recorder and Elections Department; Helen Purcell, in her official capacity as Maricopa County Recorder; Karen Osborne, in her official capacity as Maricopa County Elections Director; Mark Brnovich, in his official capacity as Arizona Attorney General, Defendants-Appellees, The Arizona Republican Party; Debbie Lesko; Tony Rivero; Bill Gates; Suzanne Klapp, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2016.


Attorney(s) appearing for the Case

Daniel Clayton Barr , Sarah Rae Gonski, Esq. , Perkins Coie , Roopali H. Desai , David Andrew Gaona, Esq. , Andrew S. Gordon, Esq. , Coppersmith Brockelman PLC, Phoenix, AZ, Amanda Callais , Marc Erik Elias , Elisabeth Frost , Bruce V. Spiva , Perkins Coie LLP, Washington, DC, Joshua L. Kaul , Perkins Coie LLP, Madison, WI, for Plaintiffs-Appellants.

Roopali H. Desai , David Andrew Gaona, Esq. , Andrew S. Gordon, Esq. , Coppersmith Brockelman PLC, Phoenix, AZ, Malcolm Seymour, III , Garvey Schubert Barer , New York, NY, for Intervenor-Plaintiff-Appellant.

Karen Hartman-Tellez , Kara Marie Karlson , Arizona Attorney General's Office, for Defendants-Appellees Arizona Secretary of State's Office, Michele Reagan, in her official capacity as Secretary of State of Arizona, and Mark Brnovich, in his official capacity as Arizona Attorney General.

Colleen Connor , Andrea Lee Cummings , Joseph Isaac Vigil , Deputy County Attorney, Maricopa County Attorney's Office, for Defendants-Appellees Maricopa County Board of Supervisors, Denny Barney, Steve Chucri, Andy Kunasek, Clint Hickman, Steve Gallardo, member of the Maricopa County Board of Supervisors, in their official capacities, Maricopa County Recorder and Elections Department, Helen Purcell, in her official capacity as Maricopa County Recorder, and Karen Osborne, in her official capacity as Maricopa County Elections Director.

Sara J. Agne, Esquire , Colin Patrick Ahler , Brett William Johnson , Snell & Wilmer L.L.P., Phoenix, AZ, for Intervenor-Defendants-Appellees.

BEFORE: THOMAS, Chief Judge and O'SCANNLAIN, W. FLETCHER, RAWLINSON, CLIFTON, BYBEE, CALLAHAN, N. R. SMITH, MURGUIA, WATFORD, and OWENS, Circuit Judges.


ORDER

En banc oral argument will take place during the week of January 17, 2017, in San Francisco, California. The date and time will be determined by separate order. Plaintiffs' motion for an injunction pending appeal is DENIED.

In this action, plaintiffs challenge...

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