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HUGGINS v. SUPERIOR COURT

No. CV-88-0413-SA.

163 Ariz. 348 (1990)

788 P.2d 81

Bret H. HUGGINS, Petitioner, v. The SUPERIOR COURT of the State of Arizona, in and for the COUNTY OF NAVAJO; and the Honorable Allen Minker, Judge of the Superior Court, Respondents, and Dale K. PATTON, Jr.; Navajo County, a body politic; the Navajo County Board of Supervisors; Sharon Keene, in her capacity as Clerk of the Navajo County Board of Supervisors; and The Navajo County Election Board, Respondents-Real Parties in Interest.

Supreme Court of Arizona.

February 15, 1990.

Attorney(s) appearing for the Case

Brown & Bain, P.A. by Paul F. Eckstein and David J. Bodney, Phoenix, for petitioner.

Magnum, Wall, Stoops & Warden by Charles H. Apt, Flagstaff, for real party in interest (Patton).

John Verkamp, Coconino County Atty. by Terence C. Hance, Chief Deputy County Atty., Flagstaff, for real parties in interest (Navajo County, Navajo County Bd. of Supervisors and Keene).

NOEL FIDEL, Vice Chief Judge, Court of Appeals.

In a contested primary election decided by an eight vote margin, sixteen illegal votes were cast. The loser claims in this petition for special action that the election must be set aside because one cannot know which of the candidates received the highest number of legal votes. We have taken jurisdiction to reexamine the law that governs elections when illegal votes exceed the margin of victory.

FACTS

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