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SMITH v. ARIZONA CITIZENS CLEAN ELECTIONS

No. CV-06-0021-PR/A.

132 P.3d 1187 (2006)

212 Ariz. 407

David Burnell SMITH, a citizen and resident of the State of Arizona, Petitioner/Appellant, v. ARIZONA CITIZENS CLEAN ELECTIONS COMMISSION, an agency of the State of Arizona; State of Arizona, a State of the United States of America; State of Arizona ex rel. Terry Goddard, Arizona Attorney General, Real Parties in Interest/Appellees.

Supreme Court of Arizona, En Banc.

May 3, 2006.

Attorney(s) appearing for the Case

Charles M. Brewer, Ltd. by David L. Abney, Phoenix, Attorneys for David Burnell Smith.

Terry Goddard, Arizona Attorney General by Diana L. Varela, Assistant Attorney General, Jessica Gifford Funkhouser, Special Counsel, Phoenix, Attorneys for Arizona Citizens Clean Elections Commission, State of Arizona, Terry Goddard, Arizona Attorney General.

OPINION

BERCH, Vice Chief Justice.

¶ 1 In 2004, David Burnell Smith was elected to serve in the Arizona State Legislature as a Representative from District 7. He chose to run as a publicly funded candidate. In return for the receipt of public funds, he and the other participating candidates each signed a form promising to adhere to the provisions of the Citizens Clean Elections Act, Ariz.Rev.Stat. ("A.R.S.") §§ 16-940 to -961 (Supp.2005),...

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