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GALLARDO v. STATE

No. CV-14-0208-PR/A.

336 P.3d 717 (2014)

Steve GALLARDO, an Individual; Lydia Guzman, an Individual; Marcus Lara, an Individual; Rose Marie Duran Lopez, an Individual; Randolph Lumm, an Individual; and Martin Quezada, an Individual, Plaintiffs/Appellants, v. STATE of Arizona, a Body Politic; Helen Purcell, in Her Official Capacity As Maricopa County Recorder; Karen Osborne, in Her Official Capacity As Maricopa County Director of Elections; Maricopa County Board of Supervisors; and Denny Barney, Steve Chucri, Andy Kunasek, Clint L. Hickman, and Marie Lopez Rogers, in Their Official Capacities As Members of the Maricopa County Board of Supervisors, Defendants/Appellees.

Supreme Court of Arizona.

October 30, 2014.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General; Robert L. Ellman , Solicitor General; David D. Weinzweig , Senior Litigation Counsel, Phoenix, for State of Arizona.

William G. Montgomery , Maricopa County Attorney; M. Colleen Connor and Bruce P. White , Deputy County Attorneys, Civil Services Division, Phoenix, for Helen Purcell, Karen Osborne, Maricopa County Board of Supervisors, Denny Barney, Steve Chucri, Andy Kunasek, Clint L. Hickman, and Marie Lopez Rogers.

Paul F. Eckstein , Jessica L. Everett-Garcia , D. Andrew Gaona , Alexis E. Danneman , Perkins Coie, LLP, Phoenix; and Robert A. Kengle , Rosa E. Zamora , Lawyers' Committee for Civil Rights Under Law, Washington, DC, for Steve Gallardo, Lydia Guzman, Marcus Lara, Rose Marie Duran Lopez, Randolph Lumm, and Martin Quezada.

Kory A. Langhofer and Thomas J. Basile , Brownstein Hyatt Farber Schreck, LLP, Phoenix, for Mario E. Diaz and Friends of Mario E. Diaz, Amici Curiae.

Justice BERCH authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, Justice BRUTINEL, and Justice TIMMER joined.

Justice BERCH, opinion of the Court.

¶ 1 We granted review to determine whether A.R.S. § 15-1441(I), which adds two at-large members to the governing board of any community college district located in a county with a population of at least three million people, is a special law prohibited by article 4, part 2, section 19 of the Arizona Constitution. We hold that the amended section is not an unconstitutional special law.

I. BACKGROUND

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