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ARIZONA CITIZENS CLEAN ELECTIONS v. BRAIN

No. 1 CA-SA 13-0239.

311 P.3d 1093 (2013)

ARIZONA CITIZENS CLEAN ELECTIONS COMMISSION; Louis J. Hoffman; Victoria Steele; Arizona Advocacy Network, Petitioners, v. The Honorable Mark H. BRAIN, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Ken Bennett, in his official capacity as Secretary of State; Andy Biggs, in his official capacity as President of the Arizona State Senate; Andrew M. Tobin, in his official capacity as Speaker of the Arizona House of Representatives, Real Parties in Interest.

Court of Appeals of Arizona, Division 1, Department C.

October 24, 2013.

Attorney(s) appearing for the Case

Ballard Spahr, LLP By Joseph A. Kanefield and Brunn W. Roysden, III , Phoenix, Attorneys for Petitioner Arizona Citizens Clean Elections Commission.

Osborn Maledon, P.A. By Mary R. O'Grady and Timothy J. Eckstein and Christina C. Rubalcava , Phoenix, and Arizona Center for Law in the Public Interest By Timothy M. Hogan , Phoenix, Attorneys for Petitioners Louis J. Hoffman, Victoria Steele, and Arizona Advocacy Network.

Richard Rice , Acting Arizona Attorney General By David D. Weinzweig , Senior Litigation Counsel and Daniel P. Schaack , Assistant Attorney General, Phoenix, Attorneys for Real Party in Interest Ken Bennett, Secretary of State.

Snell & Wilmer, LLP By Michael T. Liburdi and Kelly A. Kszywienski , Phoenix, and Office of the President, Arizona State Senate By Gregrey G. Jernigan , Phoenix, and Office of the Speaker, Arizona House of Representatives By Peter A. Gentala and Pele K. Peacock , Phoenix, Attorneys for Real Parties in Interest Andy Biggs, President of the Arizona State Senate, and Andrew M. Tobin, Speaker of the Arizona House of Representatives.

Goldwater Institute Scharf-Norton Center for Constitution Litigation By Clint Bolick and Kurt M. Altman and Taylor C. Earl and Nicholas C. Dranias , Phoenix, Attorneys for Amicus Curiae Stephen Pierce, Toby Farmer, and Southern Arizona Conservative PAC.

OPINION

NORRIS, Judge.

¶ 1 This special action arises from an order of the superior court refusing to preliminarily enjoin the provisions of House Bill 2593 that changed campaign contribution limits for statewide and legislative candidates for public office. According to Petitioners, these provisions violate the Citizens Clean Elections Act and the Voter Protection Act. Because the superior court misconstrued the section of the Clean Elections Act that...

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