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LEIBSOHN v. HOBBS

No. CV-22-0204-AP/EL.

517 P.3d 45 (2022)

Seth LEIBSOHN, an individual; Center For Arizona Policy Action, a nonprofit corporation; Arizona Free Enterprise Club, a nonprofit corporation; Goldwater Institute For Public Policy and Research, a nonprofit corporation; and Americans For Prosperity, a nonprofit corporation Plaintiffs/Appellants, v. Katie HOBBS, in her capacity as the Secretary of State of Arizona, Defendant/Appellee, Voters' Right To Know, a political committee, Real Party in Interest/Appellee.

Supreme Court of Arizona.

Filed September 20, 2022.

Attorney(s) appearing for the Case

Kory Langhofer , Thomas Basile, Statecraft PLLC, Phoenix, Attorneys for Seth Leibsohn, Center for Arizona Policy Action, Arizona Free Enterprise Club, Goldwater Institute for Public Policy and Research and Americans for Prosperity.

Joshua D. Bendor , Joshua J. Messer , Travis C. Hunt , Annabel Barraza , Osborn Maledon, P.A., Phoenix, and Spencer G. Scharff , Scharff P.C., Phoenix, Attorneys for Voters' Right to Know.

Amy B. Chan , Noah T. Gabrielsen , Arizona Secretary of State's Office, Phoenix, Attorneys for Katie Hobbs.

Timothy A. La Sota , Timothy A. La Sota, PLC, Phoenix, Attorney for Amicus Curiae Direct Contact, LLC.

Dominic E. Draye , Greenberg Traurig, LLP, Phoenix, Attorneys for Amici Curiae Governor Doug Ducey, Senate President Karen Fann, and Speaker of the House Russell "Rusty" Bowers.

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

¶1 Our state constitution grants the people of Arizona the right to propose and enact laws by initiative. Ariz. Const. art. 4, pt. 1, § 1(1)-(2). Under Arizona's Voter Protection Act, enacted by initiative in 1998, the legislature cannot repeal or easily amend laws enacted by initiative...

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