KENNEDY v. LODGE

No. CV-12-0277-APE/EL.

288 P.3d 108 (2012)

Jill KENNEDY, an individual and qualified elector, Plaintiff/Appellant, v. Joseph LODGE, an individual, Real Parties in Interest, the Honorable Carl Taylor, Matt Ryan, Elizabeth Archuleta, Lena Fowler, and Mandy Metzger, The Duly Elected or Appointed Members of the Coconino County Board of Supervisors, who are Named Solely in their Official Capacity; Wendy Escoffier, Clerk of the Board of Supervisors, Who is Named Solely in her Official Capacity; the Coconino County Board of Supervisors; the Honorable Candace D. Owens, the Duly Elected Coconino County Recorder, Who is Named Solely in her Official Capacity, and the Honorable Patty Hansen, the Duly Appointed Coconino County Election Administrator, who is Solely Named in her Official Capacity, Defendants/Appellees.

Supreme Court of Arizona, In Division.

November 15, 2012.


Attorney(s) appearing for the Case

Williams, Zinman, & Parham, P.C. by Scott E. Williams , Mark B. Zinman , Melissa A. Parham, Michael A. Parham , Scottsdale, Attorneys for Jill Kennedy.

Coppersmith, Schermer, & Brockelman, P.L.C. by Andrew S. Gordon , Roopali H. Desai , Phoenix, Attorneys for Joseph Lodge.

David W. Rozema , Coconino County Attorney By Jean E. Wilcox , Deputy County Attorney, Flagstaff, Attorneys for Carl Taylor, Matt Ryan, Elizabeth Archuleta, Lena Fowler, Mandy Metzger, Wendy Escoffier, Candace Owens, and Patty Hansen.

William G. Montgomery , Maricopa County Attorney by M. Colleen Connor , Deputy County Attorney, Bruce P. White , Deputy County Attorney, Phoenix, Attorneys for Amici Curiae, Helen Purcell and Karen Osborne.


OPINION

BERCH, Chief Justice.

¶ 1 On August 21, 2012, we issued an order reversing the superior court's ruling and disqualifying Joseph Lodge from participating as a Libertarian Party write-in candidate for the August 28, 2012, primary election. We further ordered that his name not be placed on the official ballot for the 2012 general election for the office of Coconino County Superior Court Judge, Division Five. This opinion explains our Order.

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