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BROWNE v. BAYLESS

No. 1 CA-CV 00-0546.

25 P.3d 749 (2001)

200 Ariz. 261

Harry BROWNE; Marcene Candelaria; and Peter Schmerl, Plaintiffs-Appellants, v. Betsey BAYLESS, Secretary of State of Arizona, Defendant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

As Corrected June 1, 2001.

Attorney(s) appearing for the Case

Christopher J. Raboin, Phoenix, Attorney for Plaintiffs-Appellants.

Janet A. Napolitano, Attorney General, by Thomas J. Dennis, Assistant Attorney General, and Joseph A. Kanefield, Assistant Attorney General, Phoenix, Attorneys for Defendant-Appellee.

OPINION

GERBER, Judge.

¶ 1 The appellants, Harry Browne, Marcene Candelaria and Peter Schmerl (collectively referred to as "Browne"), requested an affirmative injunction requiring the Arizona Secretary of State, Betsey Bayless ("Secretary of State"), to accept Browne's late-filed petition to appear on the November 2000 Arizona ballot as an independent candidate for President of the United States. The trial court denied Browne's injunction request and...

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