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CLEAN ELECTIONS INSTITUTE, INC. v. BREWER

No. CV-04-0263-AP/EL.

99 P.3d 570 (2004)

209 Ariz. 241

CLEAN ELECTIONS INSTITUTE, INC., an Arizona non-profit corporation; Michael J. Valder; and Lydia Guzman, Plaintiffs/Appellees/Cross-Appellants, v. Janice BREWER, in her official capacity as Secretary of State for the State of Arizona, Defendant/Appellant/Cross-Appellee, No Taxpayer Money for Politicians, an unincorporated association; Eric Crown, in his capacity as chairman of the association; Lettie Phillips, in her capacity as treasurer of the association, Real Parties in Interest/Appellants/Cross-Appellees.

Supreme Court of Arizona, En Banc.

October 7, 2004.

Attorney(s) appearing for the Case

Perkins Coie Brown & Bain P.A. by Charles A. Blanchard, Michael S. Mandell, Michael T. Liburdi, Phoenix, Attorneys for Clean Elections Institute Inc., Michael J. Valder and Lydia Guzman.

James P. Walsh, Acting Attorney General by Jessica G. Funkhouser, Special Counsel, Diana L. Varela, Assistant Attorney General, Phoenix, Attorneys for Janice Brewer.

Gammage & Burnham by Lisa T. Hauser, Cameron C. Artigue, Phoenix, Attorneys for No Taxpayer Money For Politicians, Eric Crown and Lettie Phillips.

Coppersmith Gordon Schermer Owens & Nelson P.L.C. by Andrew S. Gordon, Phoenix, Attorneys for Amicus Curiae Arizona Corporation Commissioners/Candidates for the Arizona Corporation Commission.

Irvine Law Firm, P.A. by Thomas K. Irvine, Phoenix, Attorneys for Amicus Curiae Hon. Raul H. Castro.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 In November 1998, the voters of Arizona adopted the Citizens Clean Elections Act (the Act), later codified as Arizona Revised Statutes (A.R.S.) §§ 16-940 to 16-961 (Supp.2003). In June 2004, a group known as No Taxpayer Money for Politicians filed initiative petition signature sheets seeking to qualify Proposition 106 for the 2004 general election ballot. The plaintiffs brought this action to enjoin...

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