MOLERA v. REAGAN

No. CV-18-0218-AP/EL.

428 P.3d 490 (2018)

802 Ariz. Adv. Rep. 15

Jaime MOLERA, et al., Plaintiffs/Petitioners/Appellants, v. Michele REAGAN, in her Capacity as the Secretary of State of Arizona, Defendant/Respondent/Appellee, and Invest in Education Committee, a Political Action Committee, Real Party in Interest/Appellee. Invest in Education Committee, a Political Action Committee; Joshua Buckley, an Individual, Cross-Plaintiffs/Appellees. v. Michele Reagan, in her Capacity as the Secretary of State of Arizona, Cross-Defendant/Appellant, and J.D. Mesnard, in his Official Capacity as the Speaker of the Arizona House of Representatives; and Steven B. Yarbrough, in his Official Capacity as President of the Arizona Senate, Intervenors in the Cross-Claim/Appellants.

Supreme Court of Arizona.

Filed October 26, 2018.


Attorney(s) appearing for the Case

Kory Langhofer , Thomas Basile , Stewart Salwin , Statecraft, PLLC, Phoenix, Attorneys for Jaime Molera, Jennifer Henricks, J.D. Mesnard and Steven B. Yarbrough.

Kara Karlson , Assistant Attorney General, Joseph Eugene La Rue , Assistant Attorney General, Arizona Attorney General's Office, Phoenix, Attorneys for Michele Reagan.

Israel G. Torres , James E. Barton, II , Saman J. Golestan , Torres Law Group, PLLC, Tempe, Attorneys for Invest in Education Committee.

Timothy A. La Sota , Timothy A. La Sota, PLC, Phoenix, Attorneys for Amicus Curiae The Arizona Free Enterprise Club.

Brett W. Johnson , Jennifer Hadley Catero , Colin P. Ahler , Andrew Sniegowski , Brianna Long , Lindsay Short , Snell & Wilmer L.L.P., Phoenix, Attorneys for Amicus Curiae State Representative Vince Leach.

Roopali H. Desai , D. Andrew Gaona , Coopersmith Brockelman PLC, Phoenix; Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix, Attorneys for Amici Curiae Matthew G. Madonna; Sandra L. Bahr; Animal Defense League of Arizona; Friends of ASBA, Inc.; Arizona Advocacy Network; and Planned Parenthood Advocates of Arizona.

Timothy Sandefur , Scarf-Norton Center for Constitutional Litigation, the Goldwater Institute, Phoenix, Attorneys for Amicus Curiae Goldwater Institute.

Mark Brnovich , Arizona Attorney General, Dominic E. Draye , Solicitor General, Andrew G. Pappas , Assistant Solicitor General, Phoenix, Attorneys for Amicus Curiae State of Arizona.

Robert G. Schaffer , Lewis Roca Rothgerber Christie LLP, Phoenix, Attorneys for Amici Curiae Greater Phoenix Chamber and Home Builders Association of Central Arizona.

The Court issued a per curiam decision joined by VICE CHIEF JUSTICE BRUTINEL and JUSTICES PELANDER, BOLICK, GOULD, and LOPEZ. CHIEF JUSTICE BALES, joined by JUSTICE TIMMER, authored a dissenting opinion. JUSTICE TIMMER authored a separate dissenting opinion.


¶ 1 In this opinion, we explain the reasons for our prior order disqualifying the Invest in Education Act initiative from the November 2018 general election ballot. We greatly respect the initiative process, including the civic activism required to collect the signatures necessary to qualify a...

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