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VAN ARSDELL v. SHUMWAY

No. CV-90-0265-AP.

165 Ariz. 289 (1990)

798 P.2d 1298

Madelene VAN ARSDELL, a qualified elector of the State of Arizona, Plaintiff/Appellee, v. Jim SHUMWAY, in his official capacity as Secretary of State of the State of Arizona, and the Boards of Supervisors of Maricopa County, Pinal County, Pima County, Cochise County, Coconino County, Gila County, Mohave County, Yavapai County and the individual members thereof in their official capacities, Defendants/Appellees, Mike L. McCORMICK, an individual residing within the State of Arizona, Real Party in Interest/Appellant.

Supreme Court of Arizona, En Banc.

Reconsideration Denied October 26, 1990.

Attorney(s) appearing for the Case

Ortega & Moreno, P.C. by Daniel R. Ortega, Phoenix, for plaintiff/appellee.

Robert K. Corbin, Atty. Gen. by John B. Shadegg, Chief Asst. Atty. Gen., Lisa T. Hauser, Asst. Atty. Gen., Phoenix, for Jim Shumway, defendant/appellee.

Mike L. McCormick, Phoenix, in pro. per.

OPINION

WILLIAM E. EUBANK, Court of Appeals Judge.

Must a challenger of the nomination petitions of a candidate for statewide office in a primary election join the 15 county boards of supervisors in an action filed pursuant to A.R.S. § 16-351? We answer this question in the negative and affirm the judgment of the trial court. We hold that joining the Secretary of State is sufficient where the primary election involves "a state office, including a member...

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