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LEGACY FOUND. v. CITIZENS CLEAN ELECTIONS

No. CV-22-0041-PR.

524 P.3d 1141 (2023)

LEGACY FOUNDATION ACTION FUND, Plaintiff/appellant, v. CITIZENS CLEAN ELECTIONS COMMISSION, Defendant/appellee.

Supreme Court of Arizona.

Filed March 2, 2023.

Attorney(s) appearing for the Case

Brian M. Bergin , Bergin, Frakes, Smalley & Oberholtzer, PLLC, Phoenix; Brennan Bowen , Holtzman Vogel Baran Torchinsky & Josefiak PLLC, Phoenix; Jason B. Torchinsky , Shawn Sheehy (argued), Holtzman Vogel Baran Torchinsky & Josefiak PLLC, Haymarket, VA, Attorneys for Legacy Foundation Action Fund.

Mary R. O'Grady , Joseph N. Roth (argued), John S. Bullock , Osborn Maledon, P.A., Phoenix, Attorneys for Citizens Clean Elections Commission.

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

Kristin K. Mayes , Arizona Attorney General, Alexander W. Samuels , Principal Deputy Solicitor General, Kara M. Karlson , Joshua Whitaker , Assistant Attorneys General, Phoenix, Attorneys for Amicus Curiae Arizona Attorney General.

Aditya Dynar , Pacific Legal Foundation, Arlington, VA, Attorneys for Amicus Curiae Pacific Legal Foundation.

VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, JUSTICES BOLICK, BEENE, MONTGOMERY, and PELANDER (Ret.) joined.

¶1 For the second time, we address issues stemming from a 2014 election-related dispute between the Clean Elections Commission (the "Commission") and Legacy Foundation Action Fund ("Legacy"). See Legacy Found. Action Fund. v. Citizens Clean Elections Comm'n (Legacy I),

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