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TOBIN v. REA

No. CV-12-0273-SA.

291 P.3d 983 (2013)

Rep. Andrew TOBIN, Chairman of Legislative Council; Sen. Steve Pierce, Co-Chairman of Legislative Council; Sen. Andy Biggs, Member of Legislative Council; Sen. Linda Gray, Member of Legislative Council; Sen. Lori Klein, Member of Legislative Council; Sen. Steve Yarbrough, Member of Legislative Council; Rep. Steve Court, Member of Legislative Council; Rep. Debbie Lesko, Member of Legislative Council; and Rep. Steve Montenegro, Member of Legislative Council, Petitioners, v. Honorable John REA, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent, Quality Education & Jobs Supporting I-16-2012, a registered Arizona Political Committee, Real Party in Interest.

Supreme Court of Arizona.

January 17, 2013.

Attorney(s) appearing for the Case

Arizona Legislative Council by Michael E. Braun , Kenneth C. Behringer , Michele J. Hanigsberg , Patricia A. Probst , Anthony Tsontakis , Phoenix, Attorneys for Petitioners Andrew Tobin, Steve Pierce, Andy Biggs, Linda Gray, Lori Klein, Steve Yarbrough, Steve Court, Debbie Lesko, and Steve Montenegro.

Torres Law Group, PLLC by James E. Barton II , Phoenix, Attorneys for Real Party in Interest Quality Education & Jobs Supporting I-16-2012.

Perkins Coie LLP by Paul F. Eckstein , D. Andrew Gaona , Phoenix, Attorneys for Amicus Curiae We Build Arizona.

OPINION

PELANDER, Justice.

¶ 1 Quality Education & Jobs Supporting I-16-2012 ("the Committee") challenged the Legislative Council's analysis of that initiative ("Proposition 204" or "the Act"), claiming that the analysis was misleading and not impartial. The superior court upheld that challenge in part and ordered the Council to revise or delete the analysis in certain respects. The Council then filed a petition for special action in this Court...

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