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COMMITTEE FOR JUSTICE v. ARIZONA SECRETARY

No. 1 CA-CV 13-0037.

332 P.3d 94 (2014)

COMMITTEE FOR JUSTICE & FAIRNESS (CJF), a non-profit organization, Plaintiff/Appellee, v. ARIZONA SECRETARY OF STATE'S OFFICE, a governmental entity; Ken Bennett, in his official capacity as Secretary of State; Amy Chan, in her official capacity as State Elections Director for the Secretary of State; William G. Montgomery, Maricopa County Attorney, in his official capacity; Maricopa County Attorney's Office, a governmental entity, Defendants/Appellants.

Court of Appeals of Arizona, Division 1.

August 7, 2014.

Attorney(s) appearing for the Case

Polsinelli, P.C., By Marty Harper , Thomas K. Irvine , Phoenix, for Plaintiff/Appellee.

Maricopa County Attorney's Office, By M. Colleen Connor , Bruce P. White , Phoenix, for Defendants/Appellants.

Ballard Spahr, L.L.P., By Joseph A. Kanefield , Brunn W. Roysden III , Phoenix, for Amicus Curiae Citizens Clean Elections Commission.

Scharf-Norton Center for Constitutional Litigation, By Nicholas C. Dranias , Phoenix, for Amicus Curiae Goldwater Institute.

Judge LAWRENCE F. WINTHROP delivered the opinion of the Court, in which Presiding Judge PATRICIA A. OROZCO and Judge KENTON D. JONES joined.

OPINION

WINTHROP, Judge.

¶ 1 The Committee for Justice and Fairness ("CJF") is a national political organization that operates primarily for the purpose of influencing state and local elections. In 2010, CJF financed the creation and dissemination of an advertisement broadcast on a Phoenix-area television station immediately before the general election. The ad attacked the record of one of the two candidates for Attorney General, Tom Home. After learning...

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