ARIZONANS FOR SECOND CHANCES, REHABILITATION, AND PUBLIC SAFETY (Sponsored by ASJ Action Fund); Smart and Safe Arizona; Invest In Education (Sponsored by AEA and Stand for Children); and Save Our Schools Arizona, Petitioners,
v.
Katie HOBBS, in her official capacity as Arizona Secretary of State, Respondent.
Supreme Court of Arizona.https://leagle.com/images/logo.png
Filed September 4, 2020.
Filed September 4, 2020.
Attorney(s) appearing for the Case
Roopali H. Desai , D. Andrew Gaona , Kristen Yost , Coppersmith Brockelman PLC, Phoenix, Attorneys for Arizonans for Second Chances, Rehabilitation, and Public Safety, Smart and Safe Arizona, Invest in Education, and Save our Schools Arizona.
Roy Herrera , Daniel A. Arellano , Ballard Spahr LLP, Phoenix, Attorneys for Katie Hobbs in her official capacity as Arizona Secretary of State.
David J. Cantelme , D. Aaron Brown , Cantelme & Brown, P.L.C., Tempe, Attorneys for Intervenors Speaker of the Arizona House of Representatives and President of the Arizona Senate.
Timothy Sandefur , Christina Sandefur , Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute, Phoenix, Attorneys for Amicus Curiae Goldwater Institute.
Timothy A. LaSota , Timothy A. LaSota PLC, Phoenix, Attorneys for Amicus Curiae Arizona Free Enterprise Club.
Daniel J. Adelman , Arizona Center for Law in the Public Interest, Spencer G. Scharff , Scharff PLLC, Phoenix, Attorneys for Amicus Curiae Professional Fire Fighters of Arizona, Will Humble, and Bradley J. Cohen, et. al.
Shawn K. Aiken , Shawn Aiken PLLC, Phoenix, Attorneys for Amicus Curiae Hon. Kate Gallego, in her official capacity as Mayor, City of Phoenix, Hon. Coral Evans, in her official capacity as Mayor, City of Flagstaff, and Hon. Regina Romero, in her official capacity as Mayor, City of Tucson.
Lisette Flores , Arizona State Senate, Rhonda L. Barnes , Jane Ahern , Arizona House of Representatives, Phoenix, Attorneys for Amicus Curiae Senate Minority Leader David Bradley and House Minority Leader Charlene Fernandez.
JUSTICE GOULD authored the opinion of the Court, in which CHIEF JUSTICE BRUTINEL, and JUSTICES LOPEZ, BEENE, and MONTGOMERY joined. JUSTICE LOPEZ, joined by JUSTICE MONTGOMERY, filed a concurring opinion. VICE CHIEF JUSTICE TIMMER concurred in Parts II and III and dissented as to Parts IV-VII. JUSTICE BOLICK dissented from the grant of jurisdiction.
GOULD, J., opinion of the Court:
¶1 Article 4, part 1, section 1(9) of the Arizona Constitution ("Section 1(9)") outlines a specific procedure for collecting and verifying initiative petition signatures:
[E]very sheet of every such petition containing signatures shall be verified by the affidavit of the person who circulated said...
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