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DONAGHEY v. ATTORNEY GENERAL

No. 13802-PR.

120 Ariz. 93 (1978)

584 P.2d 557

Vera D. DONAGHEY, Appellant, v. ATTORNEY GENERAL, State of Arizona, Bruce E. Babbitt, Appellee.

Supreme Court of Arizona, In Banc.

Rehearing Denied October 11, 1978.

Attorney(s) appearing for the Case

J. Lavell Harper, Casa Grande, for appellant.

Bruce E. Babbitt, Former Atty. Gen., John A. LaSota, Jr., Atty. Gen., Roderick G. McDougall, Asst. Atty. Gen., Phoenix, Joyce Geyser, Rule 28(e) Law Student, for appellee.

Town of Superior, amicus curiae by William L. Tifft, Town Atty., Town of Superior, Globe, for amicus.

GORDON, Justice:

In an election held on September 7, 1976, the citizens of Superior, Arizona decided to incorporate their town. It is undisputed that respondent was at that time a duly registered voter in Pinal County and that she was eligible to vote in the incorporation election.

A.R.S. § 16-1101(A) provides that: "Any election called pursuant to the laws of the state shall provide for absentee voting. Any qualified elector who meets the criteria established...

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