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DEDOLPH v. McDERMOTT

No. CV-12-0226-AP/EL.

281 P.3d 484 (2012)

Bahney DEDOLPH, Plaintiff/Appellee, v. Lois Jean McDERMOTT, Democratic Primary Candidate for Arizona House of Representatives, Legislative District 24; Ken Bennett, Secretary of State; Helen Purcell, Maricopa County Recorder; Karen Osborne, Maricopa County Director of Elections; Fulton Brock, Maricopa County Supervisor; Don Stapley, Maricopa County Supervisor; Andy Kunasek, Maricopa County Supervisor; Max Wilson, Maricopa County Supervisor; Mary Rose Wilcox, Maricopa County Supervisor, Defendants/Appellants.

Supreme Court of Arizona, In Division.

July 28, 2012.

Attorney(s) appearing for the Case

Coppersmith Schermer & Brockelman PLC By Andrew S. Gordon , Roopali H. Desai , Phoenix, Attorneys for Bahney Dedolph.

Snell & Wilmer, L.L.P. By Kory A. Langhofer , Ian M. Fischer , Phoenix, Attorneys for Lois Jean McDermott.

Thomas C. Horne , Arizona Attorney General By Michele L. Forney , Assistant Attorney General, Phoenix, Attorney for Ken Bennett.

William G. Montgomery , Maricopa County Attorney By M. Colleen Connor , J. Kenneth Mangum , Phoenix, Attorneys for Helen Purcell, Karen Osborne, Fulton Brock, Donald T. Stapley, Jr., Andrew Kunasek, Max Wilson, and Mary Rose Wilcox.

OPINION

BALES, Vice Chief Justice.

¶ 1 This case concerns a challenge to the nomination of Lois Jean McDermott, a Democratic candidate for the Arizona House of Representatives in Legislative District 24. McDermott appealed from a superior court judgment striking her from the primary election ballot because she incorrectly identified her surname as "Cheuvront-McDermott" in her nomination paper. We issued an order affirming in part and reversing in part...

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