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MILLER v. PICACHO ELEMENTARY SCHOOL

No. CV-93-0190-PR.

179 Ariz. 178 (1994)

877 P.2d 277

Linda Lou MILLER, Ray Franklin Miller, George Luther Tallent, Margaret Lucille Tallent, Leonor F. Martan, Emil Keith Martan, Anita Rose Martan, Ronald Francis Pugliese, Kathleen Miller Parmeter, Cathleen Harris, Murrel Harris, Virginia Frances Beard, Plaintiffs/Appellees, v. PICACHO ELEMENTARY SCHOOL DISTRICT NO. 33, Superintendent Robert C. Noe, Governing Board President Abel Garza, Defendants/Appellants.

Supreme Court of Arizona, En Banc.

June 28, 1994.

Attorney(s) appearing for the Case

Linda Lou Miller, et al., in pro. per.

Gilberto V. Figueroa, Pinal County Atty. by Linda L. Harant, Deputy County Atty., Florence, for defendants/appellants.

OPINION

MARTONE, Justice.

In this case we hold that absentee ballots procured in violation of our absentee ballot law are invalid, and if the ballots affect the outcome, the election must be set aside.

I. Background

Voters in Picacho Elementary School District No. 33 contest the results of the school district's February 1992 budget override election. They allege that the district superintendent and other district employees were closely...

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