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MALNAR v. JOICE

No. CV-14-0240-AP/EL.

337 P.3d 43 (2014)

Raymond L. MALNAR, a Qualified Elector, Plaintiff/Appellee, v. Elizabeth (aka Beth) JOICE, an Individual, Defendant/Appellant, and Don Covey, Ed.D., In his Official Capacity as Superintendent of Schools of Maricopa County, Arizona; Denny Barney, Steve Chucri, Andy Kunasek, Clint L. Hickman and Marie Lopez Rogers, in their Official Capacities as Members of the Board of Supervisors of Maricopa County; Helen Purcell, in her Official Capacity as Recorder of Maricopa County, Arizona; and Karen Osborne, in her Official Capacity as Director of Elections of Maricopa County, Arizona, Defendants.

Supreme Court of Arizona.

November 14, 2014.

Attorney(s) appearing for the Case

David J. Cantelme , D. Aaron Brown , Samuel Saks , Cantelme & Brown, P.L.C., Phoenix, for Raymond L. Malnar.

Kory A. Langhofer , Thomas J. Basile , Brownstein Hyatt Farber Schreck, LLP, Phoenix, for Elizabeth Joice.

William G. Montgomery , Maricopa County Attorney, M. Colleen Connor , Joe Albo , Deputy County Attorneys, Phoenix, for County Defendants.

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

Justice TIMMER, opinion of the Court.

¶ 1 We previously issued an order affirming the superior court's removal of Elizabeth Joice's name from the 2014 general election ballot for a vacant term on the Peoria Unified School District Governing Board. This opinion explains our reasoning.

I. BACKGROUND

¶ 2 There are three vacant positions for terms on the Peoria Unified School District Governing Board up for election in the 2014 general election...

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