PEDERSEN v. BENNETT

No. CV-12-0260-AP/EL.

288 P.3d 760 (2012)

Ann-Eve PEDERSEN, individually and as Chair of the Quality Education and Jobs Supporting I-16-2012 Committee; and the Quality Education and Jobs Supporting I-6-2012 Committee, Plaintiffs/Appellees, v. Ken BENNETT, in his official capacity as Secretary of State of the State of Arizona, Defendant/Appellant.

Supreme Court of Arizona.

December 5, 2012.


Attorney(s) appearing for the Case

Haralson, Miller, Pitt, Feldman, & McAnally, P.L.C. By Stanley G. Feldman , Tucson And Arizona Center for Law in the Public Interest By Timothy M. Hogan , Joy E. Herr-Cardillo , Phoenix And Lewis and Roca, L.L.P. By Kimberly A. Demarchi , Phoenix And Knapp & Roberts, P.C. By David L. Abney , Scottsdale And Butler, Oden, & Jackson, P.C. By G. Todd Jackson , Tucson, Attorneys for Ann-Eve Pedersen and Quality Education and Jobs Supporting I-16-2012 Committee.

Ballard Spahr, L.L.P. By Joseph A. Kanefield , Craig C. Hoffman , Brunn W. Roysden, III And Thomas C. Horne , Arizona Attorney General, By Michele L. Forney , 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, Bruce P. White , Deputy County Attorney, Phoenix, Attorneys for Amici Curiae Helen Purcell and Karen Osborne.

Lasota & Peters, P.L.C. By Donald M. Peters , Phoenix, Attorneys for Amicus Curiae The Friends of ASBA, Inc.

Snell & Wilmer, L.L.P. By Barbara J. Dawson , Martha E. Gibbs , Michael T. Liburdi , Phoenix, Attorneys for Amici Curiae Arizona Tax Research Association and Arizona Free Enterprise Club.

Arizona Education Association By Samantha E. Blevins , Phoenix, Attorneys for Amici Curiae Jack Sawyer, Wendy Effing, and Linda Somo.

Perkins Coie, L.L.P. By Paul F. Eckstein , D. Andrew Gaona , Phoenix, Attorneys for Amici Curiae We Build Arizona.

Arizona State Senate By Gregrey G. Jernigan And Arizona House of Representatives By Peter A. Gentala , Phoenix, Attorneys for Amici Curiae Steve Pierce and Andrew M. Tobin.

Lewis and Roca, L.L.P. By John C. Hinderaker , Sarah L. Mayhew , Tucson, Attorneys for Amicus Curiae Southern Arizona Leadership Council.


OPINION

BERCH, Chief Justice.

¶ 1 On August 14, 2012, this Court issued an order affirming the superior court's judgment that the submittal of two versions of an initiative, one of which was subsequently circulated for signatures, did not warrant excluding the initiative from the ballot. This opinion explains our order.

I. FACTS AND PROCEDURAL HISTORY

¶ 2 Ann-Eve Pedersen and the Quality Education and Jobs Supporting I-16-2012...

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