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ARIZ. PUBLIC INTEGRITY ALLIANCE v. FONTES

No. CV-20-0253-AP/EL.

475 P.3d 303 (2020)

ARIZONA PUBLIC INTEGRITY ALLIANCE, an Arizona nonprofit Corporation; Tyler Montague, an individual, Plaintiffs/Appellants, v. Adrian FONTES, in his official capacity as Maricopa County Recorder; Fran McCarroll, in her official capacity as Clerk of the Maricopa County Board of Supervisors, Clint Hickman, Jack Sellers, Steve Chucri, Bill Gates, and Steve Gallardo, in their official capacities as members of the Maricopa County Board of Supervisors; Maricopa County, a political subdivision of the State of Arizona, Defendants/Appellees.

Supreme Court of Arizona, In Division.

Filed November 5, 2020.

Attorney(s) appearing for the Case

Alexander Kolodin , Chris Ford , Christopher Viskovic , Kolodin Law Group PLLC, Phoenix, Attorneys for Plaintiffs/Appellants.

Mary R. O'Grady , Joshua D. Bendor , Osborn Maledon, P.A., Phoenix, and Patrick Irvine , Charles E. Markle , Fennemore Craig, P.C., Phoenix, Attorneys for Defendants/Appellees.

Mark Brnovich , Attorney General, Brunn (Beau) W. Roysden, III , Solicitor General, Joseph A. Kanefield , Chief Deputy and Chief of Staff, Linley Wilson , Jennifer Wright , Assistant Attorneys General, Phoenix, Attorneys for Amicus Mark Brnovich.

JUSTICE GOULD authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, and JUSTICES LOPEZ and BEENE joined.

Opinion of the Court

¶1 Today we address the proper overvote instruction that must be included with mail-in ballots. An overvote occurs when a person votes for more candidates than permitted for a specific election. Before the 2020 election cycle, the Maricopa County Recorder, in compliance with...

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