POWERS v. CARPENTER

No. CV-02-0227-AP/EL.

51 P.3d 338 (2002)

203 Ariz. 116

John L. POWERS, an individual and qualified elector, Plaintiff/Appellant, v. John M. CARPENTER, an individual, Salomon Leija, an individual, Stephen Vega, an individual, Real Party in Interest, The Honorable R. Fulton Brock, Don Stapley, Andrew Kunasek, Max W. Wilson, Mary Rose Wilcox, The Duly Elected or Appointed Members of the Maricopa County Board of Supervisors, who are Named Solely in Their Official Capacity; the Maricopa County Board of Supervisors; the Honorable Helen Purcell, the Duly Elected Maricopa County Recorder, who is Named Solely in her Official Capacity, and the Honorable Karen Osborne, the Duly Appointed Maricopa County Director of Elections, Who is Solely Named in her Official Capacity; the Honorable Betsey Bayless, The Duly Elected Arizona Secretary of State, Who is Named Solely in her Official Capacity, Defendants/Appellees.

Supreme Court of Arizona, En Banc.

August 9, 2002.


Attorney(s) appearing for the Case

Williams and Associates by Scott E. Williams and Law Offices of Robert E. Melton by Robert E. Melton, Scottsdale, Attorneys for Appellant.

Bassi and Hill by Steven Hill and Richard M. Romley, Maricopa County Attorney by Jill M. Kennedy, Deputy County Attorney, Phoenix, Attorneys for Appellees.


OPINION

JONES, Chief Justice.

INTRODUCTION

¶ 1 We issued a dispositive order July 15, 2002 indicating affirmance in part, reversal in part, and an instruction that appellee John Carpenter's name not be placed on the primary election ballot. We also indicated that this formal opinion would follow.

¶ 2 Review was granted in order to consider whether the trial court erred in establishing June 12, 20021

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