ARIZONA FREE ENTERPRISE CLUB v. HOBBS

No. CV-21-0304-AP/EL.

515 P.3d 664 (2022)

ARIZONA FREE ENTERPRISE CLUB, et al., Plaintiffs/Appellants, v. Katie HOBBS, in her capacity as the Secretary of State of Arizona, et al., Defendant/Appellee, and Invest in Arizona (Sponsored by AEA and Stand for Children), a political committee, Real Party in Interest/Appellee.

Supreme Court of Arizona.

Filed August 19, 2022.


Attorney(s) appearing for the Case

Kory Langhofer (argued), Thomas Basile , Statecraft PLLC, Phoenix, Attorneys for Arizona Free Enterprise Club, Scot Mussi, and Diane Schafer.

Spencer Scharff , Scharff PLC, Phoenix, Attorney for Katie Hobbs.

Roopali H. Desai , D. Andrew Gaona (argued), Kristen Yost , Coppersmith Brockelman PLC, Phoenix, Attorneys for Invest in Arizona (Sponsored by AEA and Stand for Children).

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

Daniel J. Adelman , Samuel Schnarch , Arizona Center for Law in the Public Interest, Phoenix; and Erin Adele Scharff , Phoenix, Attorneys for Amicus Curiae Arizona Center for Law in the Public Interest.

Mark Brnovich , Arizona Attorney General, Joseph A. Kanefield , Chief Deputy and Chief of Staff, Brunn (Beau) Roysden, III , Solicitor General, Michael Catlett , Deputy Solicitor General, Jillian Francis , Assistant Attorney General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General Mark Brnovich.

JUSTICE LOPEZ authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES BOLICK and KING joined. JUSTICE MONTGOMERY, joined by JUSTICE BEENE, concurred in part and dissented in part.


¶1 We explain today the reasons for our prior decision order disqualifying Real Party in Interest Invest in Arizona's ("IIA") referendum petition seeking to refer Senate Bill 1828—sections 13 and 15—("SB 1828") to the ballot in the November 8, 2022 General Election. We conclude the exemption...

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