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ROSS v. BENNETT

No. CV-11-0264-T/AP.

265 P.3d 356 (2011)

Franklin Bruce ROSS, Petitioner/Appellant, v. Ken BENNETT, in his official capacity as Secretary of State for the State of Arizona; The Board of Supervisors of Maricopa County; Helen Purcell, in her official capacity as Maricopa County Recorder; and Karen Osborne, in her official capacity as Maricopa County Elections Director, Respondents/Appellees, and Citizens for a Better Arizona in Support of RC-04-2011, Real Party in Interest/Appellee.

Supreme Court of Arizona, En Banc.

November 14, 2011.

Attorney(s) appearing for the Case

Gammage & Burnham, P.L.C. by Lisa T. Hauser , Phoenix, Attorneys for Franklin Bruce Ross.

Thomas C. Horne , Arizona Attorney General by James E. Barton, II , Assistant Attorney General, Thomas M. Collins , Assistant Attorney General, Phoenix, Attorneys for Ken Bennett.

William G. Montgomery , Maricopa County Attorney by M. Colleen Connor , Deputy County Attorney, J. Scott Dutcher , Deputy County Attorney, Phoenix, Attorneys for Maricopa County Board of Supervisors, Helen Purcell, and Karen Osborne.

Law Office of Thomas M. Ryan by Thomas M. Ryan , Chandler, Attorney for Citizens for a Better Arizona in Support of RC-04-2011.

OPINION

BERCH, Chief Justice.

¶ 1 On July 12, 2011, Governor Janice K. Brewer ordered a special election for the recall of State Senator Russell Pearce. On September 13, 2011, this Court affirmed the trial court's order refusing to enjoin the election. This opinion explains our earlier order.

I. FACTS AND PROCEDURAL BACKGROUND

¶ 2 On January 31, 2011, Citizens for a Better Arizona ("CBA") filed an application with Secretary of...

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