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CITY OF TUCSON v. STATE

No. 2 CA-CV 2013-0146.

333 P.3d 761 (2014)

CITY OF TUCSON, A Municipal Corporation, Plaintiff/Appellee, and City of Phoenix, Intervenor-Plaintiff/Appellee, v. The STATE of Arizona and Ken Bennett, in his Official Capacity as Secretary of State of Arizona, Defendants/Appellants.

Court of Appeals of Arizona, Division 2.

August 18, 2014.

Attorney(s) appearing for the Case

Michael G. Rankin , Tucson City Attorney, Tucson By Dennis P. McLaughlin , Principal Assistant City Attorney, for Plaintiff/Appellee City of Tucson.

Daniel L. Brown , Acting Phoenix City Attorney, Phoenix By Sandra Hunter , Assistant Chief Counsel, for Intervenor-Plaintiff/Appellee City of Phoenix.

Thomas C. Horne , Arizona Attorney General By Paula S. Bickett , Chief Counsel, Civil Appeals, Phoenix, Diana Day , Assistant Attorney General, for Defendants/Appellants.

Juan Pablo Flores , Douglas City Attorney, Douglas, for Amicus Curiae City of Douglas.

Judith R. Baumann , Tempe City Attorney, Tempe By David Park , Assistant City Attorney, for Amicus Curiae City of Tempe.

Judge MILLER authored the opinion of the Court, in which Judge HOWARD and Judge VÁSQUEZ concurred.

OPINION

MILLER, Judge.

¶ 1 Section 16-204(E), A.R.S., was added in 2012 to require that most municipal candidate elections be held simultaneously with state and national candidate elections. 2012 Ariz. Sess. Laws, ch. 353, § 1. As originally enacted in 1996, § 16-204 limited these elections to only four specified days each year, which the Legislature declared was for the "purpose[] of increasing voter participation and for decreasing the costs...

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