McCOMISH v. BENNETT

Nos. 10-15165, 10-15166.

611 F.3d 510 (2010)

John McCOMISH; Nancy McLain; Tony Bouie, Plaintiffs-Appellees, Robert Burns, Plaintiff-Intervenor-Appellee, Arizona Free Enterprise Club's Freedom Club Pac; Arizona Taxpayers Action Committee, agent of Taxpayers Action Committee; Dean Martin; Rick Murphy, Plaintiffs-Intervenors-Appellees, v. Ken BENNETT, in his official capacity as Secretary of State of the State of Arizona; Gary Scaramazzo; Royann J. Parker; Jeffrey L. Fairman; Donald Lindholm; Lori S. Daniels, in their official capacities as members of the Arizona Citizens Clean Elections Commission, Defendants-Appellants, and Clean Elections Institute, Inc., Defendant-Intervenor. John McComish; Nancy McLain; Tony Bouie, Plaintiffs-Appellees, Dean Martin; Robert Burns; Rick Murphy; Arizona Free Enterprise Club's Freedom Club Pac; Arizona Taxpayers Action Committee, agent of Taxpayers Action Committee, Plaintiffs-Intervenors-Appellees, Ken Bennett, in his official capacity as Secretary of State of the State of Arizona; Gary Scaramazzo; Royann J. Parker; Jeffrey L. Fairman; Donald Lindholm; Lori S. Daniels, in their official capacities as members of the Arizona Citizens Clean Elections Commission, Defendants, and Clean Elections Institute, Inc., Defendant-Intervenor-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 21, 2010.

Amended June 23, 2010.


Attorney(s) appearing for the Case

Nicholas C. Dranias, Goldwater Institute, Phoenix, AZ, for the plaintiffs-appellees.

William R. Maurer, Institute for Justice, Seattle, WA, for the plaintiffs-intervenors-appellees.

Mary R. O'Gracy, Solicitor General of Arizona, Phoenix, AZ, for the defendants-appellants.

Bradley S. Phillips, Munger, Tolles, & Olson, Los Angeles, CA, for the defendant-intervenor-appellant.

Stephen M. Hoersting, Center for Competitive Politics, Alexandria, VA, for amicus curiae Center for Competitive Politics.

Before ANDREW J. KLEINFELD, A. WALLACE TASHIMA, and SIDNEY R. THOMAS, Circuit Judges.


ORDER

The opinion filed May 21, 2010, slip op. 7319, is amended by deleting footnote 1, slip op. at 7326, and substituting the following footnote in its place:

1 Governor Symington was sentenced to a 30-month term of imprisonment, but his conviction was reversed and the case remanded for a new trial. See United States v. Symington, 195 F.3d 1080 (9th Cir.1999). He...

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