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AZ PETITION PARTNERS LLC v. THOMPSON

No. CR-22-0154-PR.

530 P.3d 1144 (2023)

AZ PETITION PARTNERS LLC D/B/a Petition Partners, an Arizona limited liability company, Petitioner, v. The Honorable Peter A. THOMPSON, Judge of the superior court of the state of Arizona, IN AND FOR the COUNTY OF MARICOPA, Respondent Judge, State of Arizona, Real Party in Interest.

Supreme Court of Arizona.

Filed June 21, 2023.

Attorney(s) appearing for the Case

Lee Stein , Anne Chapman , Kathleen E. Brody , (argued), Mitchell Stein , Carey Chapman, P.C., Phoenix; and D. Andrew Gaona , Coppersmith Brockelman PLC, Phoenix, Attorneys for Arizona Petition Partners dba Petition Partners.

Kristin K. Mayes , Arizona Attorney General, Joshua Bendor , Solicitor General, Casey D. Ball , (argued), Assistant Attorney General, Todd C. Lawson , Senior Litigation Counsel, Phoenix, Attorneys for State of Arizona Jared G. Keenan, American Civil Liberties Union Foundation of Arizona, Phoenix; R. Adam Lauridsen , Catherine Porto , Amy Philip , Eleanor Brock , Keker, Van Nest & Peters LLP, San Francisco, CA; and Sarah Brannon , American Civil Liberties Union Foundation, Washington, DC, Attorneys for Amicus Curiae American Civil Liberties Union of Arizona.

Daniel J. Adelman , Arizona Center for Law in the Public Interest, Phoenix, Attorneys for Amicus Curiae Arizona Center for Law in the Public Interest.

David J. Euchner , Pima County Public Defender's Office, Tucson, Attorney for Amicus Curiae Arizona Attorneys for Criminal Justice.

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

¶1 We hold that A.R.S. § 19-118.01 does not facially violate the First Amendment because it only prohibits per-signature compensation to petition circulators.

BACKGROUND

¶2 In 2017, the legislature enacted a statute restricting...

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