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McCLUNG v. BENNETT

No. CV-10-0183-AP/EL.

235 P.3d 1037 (2010)

Michael McCLUNG, a citizen and qualified elector in the State of Arizona, Plaintiff-Appellant, v. Hon. Ken BENNETT, in his official capacity as Arizona Secretary of State, Hon. Helen Purcell, in her official capacity as Maricopa County Recorder, Maricopa County Board of Supervisors in their official capacity, Hon. Laura Dean-Lytle in her official capacity as Pinal County Recorder, Pinal County Board of Supervisors in their official capacity, Hon. F. Ann Rodriguez in her official capacity as Pima County Recorder, Pima County Board of Supervisors in their official capacity, Hon. Suzanne Sainz in her official capacity as Santa Cruz County Recorder, Santa Cruz County Board of Supervisors in their official capacity, Hon. Robyn Pouquette in her official capacity as Yuma County Recorder, Yuma County Board of Supervisors in their official capacity, Hon. Shelly Baker in her official capacity as La Paz County Recorder, La Paz County Board of Supervisors, in their official capacity, Defendants-Appellees, and Joseph Sweeney, Defendant-Appellee.

Supreme Court of Arizona, En Banc.

August 6, 2010.

Attorney(s) appearing for the Case

William Edward Conner, L.L.M. By William Edward Conner, El Mirage, Attorneys for Michael McClung.

Terry Goddard, Arizona Attorney General By Mary R. O'Grady, Solicitor General, Barbara A. Bailey, Assistant Attorney General, James E. Barton, II, Assistant Attorney General, Phoenix, Attorneys for Ken Bennett.

Barbara Lawall, Pima County Attorney By Daniel S. Jurkowitz, Deputy County Attorney, Tucson, Attorneys for F. Ann Rodriguez and Pima County Board of Supervisors.

Maricopa County Office of General Litigation Services By Laurence G. Tinsley, Jr., Senior General Counsel, Colleen Connor, Assistant General Counsel, Karen J. Hartman-Tellez, Assistant General Counsel, Phoenix, Attorneys for Helen Purcell, Maricopa County Board of Supervisors, Laura Dean-Lytle, Pinal County Board of Supervisors, Suzanne Sainz, Santa Cruz County Board of Supervisors, Robyn Pouquette, Yuma County Board of Supervisors, Shelly Baker, and La Paz County Board of Supervisors.

Joseph Sweeney, Tucson, In Propria Persona.

OPINION

BERCH, Chief Justice.

¶ 1 On June 28, 2010, this Court issued an order affirming the superior court's judgment in this election case. We now explain the basis for our decision.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 Michael McClung challenged signatures on Joseph Sweeney's nominating petitions to appear on the ballot for the United States House of Representatives for Congressional District 7 (CD-7). Sweeney needed 381...

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