No. 16-16698.

843 F.3d 366 (2016)

Leslie FELDMAN; Luz Magallanes; Mercedez Hymes; Julio Morera; Cleo Ovalle; Peterson Zah, Former Chairman and First President of the Navajo Nation; The Democratic National Committee; DSCC, AKA Democratic Senatorial Campaign Committee; The Arizona Democratic Party; Kirkpatrick for U.S. Senate; Hillary for America, Plaintiffs-Appellants, Bernie 2016, Inc., Intervenor-Plaintiff-Appellant, v. ARIZONA SECRETARY OF STATE'S OFFICE; Michele Reagan, in her official capacity as Secretary of State of Arizona; Maricopa County Board of Supervisors; Denny Barney; Steve Chucri; Andy Kunasek; Clint Hickman; Steve Gallardo, member of the Maricopa County Board of Supervisors, in their official capacities; Maricopa County Recorder and Elections Department; Helen Purcell, in her official capacity as Maricopa County Recorder; Karen Osborne, in her official capacity as Maricopa County Elections Director; Mark Brnovich, in his official capacity as Arizona Attorney General, Defendants-Appellees, The Arizona Republican Party, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed November 4, 2016.

Attorney(s) appearing for the Case

Bruce V. Spiva (argued), Amanda R. Callais , Elisabeth C. Frost , and Marc E. Elias , Perkins Coie LLP, Washington, D.C.; Joshua L. Kaul , Perkins Coie LLP, Madison, Wisconsin; Sarah R. Gonski and Daniel C. Barr , Perkins Coie LLP, Phoenix, Arizona; for Plaintiffs-Appellants.

Malcolm Seymour , Garvey Schubert Baker , New York, New York; D. Andrew Gaona , Andrew S. Gordon , and Roopali H. Desai , Coopersmith Brockelman PLC, Phoenix, Arizona, for Intervenor-Plaintiff-Appellant.

Karen J. Hartman-Tellez (argued) and Kara M. Karlson , Assistant Attorneys General; Mark Brnovich , Attorney General; Office of the Attorney General, Phoenix, Arizona; for Defendants-Appellees.

Sara J. Agne (argued), Colin P. Ahler , and Brett W. Johnson , Snell & Wilmer LLP, Phoenix, Arizona, for Intervenor-Defendants-Appellees.

Dissent by Judge N.R. Smith.


We granted, in a prior order, rehearing en banc in this appeal. In a separate order, filed concurrently with this opinion, we scheduled en banc oral argument for the week of January 17, 2017, in San Francisco, California. The question, then, is whether to grant plaintiffs' motion for an injunction...

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