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MAY v. McNALLY

No. CV-02-0215-PR.

55 P.3d 768 (2002)

203 Ariz. 425

Steve MAY, Petitioner, v. Hon. Colleen A. McNALLY, Judge of the Superior Court of the State of Arizona, in and for the County of Maricopa, Respondent Judge, Betsey Bayless, as Secretary of the State of Arizona, acting in her official capacity; Carol Springer, as Treasurer of the State of Arizona, acting in her official capacity; and the Citizens Clean Elections Commission; and Arizonans for Clean Elections, Real Parties in Interest.

Supreme Court of Arizona, En Banc.

October 10, 2002.

Attorney(s) appearing for the Case

Institute for Justice Arizona Chapter by Clint Bolick and Timothy D. Keller and Thomas P. Liddy, Phoenix, Attorneys for Petitioner.

Thomas P. Prose, Acting Arizona Attorney General in this case and Chief Assistant Attorney General by Kathleen P. Sweeney, Assistant Attorney General and Todd F. Lang, Assistant Attorney General, Phoenix, Attorneys for Real Party in Interest Citizens Clean Elections Commission.

Arizona Center for Law in the Public Interest by Timothy M. Hogan, Phoenix, and the Brennan Center for Justice at New York University School of Law by Elizabeth Daniel, New York, NY, Attorneys for Real Party in Interest Arizonans for Clean Elections.

Pacific Legal Foundation by Deborah J. La Fetra, Sacramento, CA, Attorneys for Amicus Curiae Pacific Legal Foundation.

OPINION

BERCH, Justice.

¶ 1 In the 1998 general election, Arizona voters approved the Citizens Clean Elections Act to "encourage citizen participation in the political process, and ... promote freedom of speech under the U.S. and Arizona Constitutions," and to "create a clean elections system that will improve the integrity of Arizona state government by diminishing the influence of special-interest money." Ariz.Rev. Stat. ("A.R.S.") § 16-940(A...

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