SAVE OUR VOTE, OPPOSING C-03-2012, an unincorporated Arizona political committee, Lisa Gray, a qualified elector and taxpayer of the State of Arizona, Jaime A. Molera, a qualified elector and taxpayer of the State of Arizona, Barry Hess, a qualified elector and taxpayer of the State of Arizona, and the League of Women Voters of Arizona, an Arizona non-profit corporation, Steve Gallardo, a qualified elector and taxpayer of the State of Arizona, Mary Rose Wilcox, a qualified elector and taxpayer of the State of Arizona, Plaintiffs/Appellees,
v.
Ken BENNETT, in his official capacity as Secretary of State of the State of Arizona, Defendant, and
Open Government Committee Supporting C-03-2012, an unincorporated Arizona political committee, Real Party in Interest/Appellant.
Supreme Court of Arizona.https://leagle.com/images/logo.png
January 7, 2013.
January 7, 2013.
Attorney(s) appearing for the Case
Snell & Wilmer L.L.P. by Michael T. Liburdi, Adam E. Lang, Eric H. Spencer, Phoenix, Attorneys for Save Our Vote, Opposing C-03-2012, Lisa Gray, Jaime A. Molera, Barry Hess, League of Women Voters of Arizona, Steve Gallardo, and Mary Rose Wilcox.
Thomas C. Horne, Arizona Attorney General by Michele L. Forney, Assistant Attorney General, Phoenix, Attorney for Ken Bennett.
Lewis and Roca LLP by Kimberly A. Demarchi, William G. Voit, Phoenix, Attorneys for Open Government Committee.
Gammage & Burnham P.L.C. by Grady Gammage, Jr., Cameron C. Artigue, Phoenix, Attorneys for Amicus Curiae Southern Arizona Leadership Council.
Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute by Clint Bolick, Carrie Ann Sitren, Phoenix, Attorneys for Amicus Curiae Goldwater Institute.
Law Office of Harry M. Kresky by Harry M. Kresky, New York, NY, and Pietzsch, Bonnett & Womack, P.A. by Michael E. Pietzsch, Phoenix, Attorneys for Amici Curiae Committee for a Unified Independent Party.
Vince Rabago Law Office PLC by Vince Rabago, Tucson, Attorney for Amici Curiae Maricopa County Democratic Party, Pima County Democratic Party, Ann Wallack, Jeffrey J. Rogers, Joe Robison, and Jackie Dierks-Walker.
Jennings, Strouss, & Salmon, P.L.C. by Shanna N. Orlich, Phoenix, Attorney for Amicus Curiae Arizona Latino Republican Association, Arizona House of Representatives by Peter A. Gentala, Phoenix, and Arizona State Senate by Gregrey G. Jernigan, Phoenix, Attorney for Amici Curiae Steve Pierce and Andrew Tobin.
Supreme Court of Arizona.
OPINION
BALES, Vice Chief Justice.
¶ 1 The question presented is whether Proposition 121, a constitutional amendment proposed by voter initiative, complies with the separate amendment rule of Article 21, Section 1 of the Arizona Constitution. This rule requires that when more than one constitutional amendment is proposed, voters must be allowed to vote for or against each one separately. Proposition 121 would amend the Constitution to replace partisan...
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