Preview:

SUPREME COURT OF ARIZONA

CARL SEEL, an individual and qualified elector, Plaintiff-Appellee, v.

TIM SIFERT, an individual, Real Party in Interest, THE HONORABLE R. FULTON BROCK, DON STAPLEY, ANDREW KUNASEK, MAX W. WILSON AND 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 MANNY RUIZ, ROBERT DAMON, JOHN MAYNARD, THE DULY ELECTED OR APPOINTED MEMBERS OF THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE SANTA CRUZ COUNTY BOARD OF SUPERVISORS; THE HONORABLE SUZIE SAINZ, THE DULY ELECTED SANTA CRUZ COUNTY RECORDER, WHO IS NAMED

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Arizona Supreme Court No. CV-04-0219-AP/EL Maricopa County Superior Court No. CV2004-011971

MEMORANDUM DECISION (Not for Publication Ariz. R. Sup Ct. 111)

SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE MELINDA MEEK, THE DULY APPOINTED SANTA CRUZ COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE JODY N. KLEIN, KAY L. MOTTER, AND NADINE M. PARKHURST, THE DULY ELECTED OR APPOINTED MEMBERS OF THE COCHISE COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE COCHISE COUNTY BOARD OF SUPERVISORS; THE HONORABLE CHRISTINE RHODES, THE DULY ELECTED COCHISE COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE TOM SCHELLING, THE DULY APPOINTED COCHISE COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HIS OFFICIAL CAPACITY; THE HONORABLE ANN DAY, RAMON VALADEZ, SHARON BRONSON, RAY CARROLL AND RICHARD ELIAS, THE DULY ELECTED OR APPOINTED MEMBERS OF THE PIMA COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE PIMA COUNTY BOARD OF SUPERVISORS; THE HONORABLE F. ANN RODRIGUEZ, THE DULY ELECTED PIMA COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE BRAD R. NELSON, THE DULY APPOINTED PIMA COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HIS OFFICIAL CAPACITY; THE HONORABLE LENORE LORONA STUART, LUCY SHIPP, CASEY PROCHASKA, MARCO A. REYES AND ROBERT J. MCLENDON, THE DULY

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

- 2 -

ELECTED OR APPOINTED MEMBERS OF THE YUMA COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE YUMA COUNTY BOARD OF SUPERVISORS; THE HONORABLE SUSAN MARLER, THE DULY ELECTED YUMA COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE SHARYN RUNYEN, THE DULY APPOINTED YUMA COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE LIONEL D. RUIZ, SANDIE SMITH, AND JIMMIE B. KERR, THE DULY ELECTED OR APPOINTED MEMBERS OF THE PINAL COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE PINAL COUNTY BOARD OF SUPERVISORS; THE HONORABLE LAURA DEAN LYTLE, THE DULY ELECTED PINAL COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE GILBERT B. HOYOS, THE DULY APPOINTED PINAL COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HIS OFFICIAL CAPACITY; THE HONORABLE DREW JOHN, JIM PALMER AND MARK HERRINGTON, THE DULY ELECTED OR APPOINTED MEMBERS OF THE GRAHAM COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE GRAHAM COUNTY BOARD OF SUPERVISORS; THE HONORABLE WENDY JOHN, THE DULY ELECTED GRAHAM COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE JUDY

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

- 3 -

DICKERSON, THE DULY APPOINTED GRAHAM COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE DONALD STACEY, HECTOR RUEDAS, and DIXIE ZUMWALT, THE DULY ELECTED OR APPOINTED MEMBERS OF THE GREENLEE COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE GREENLEE COUNTY BOARD OF SUPERVISORS; THE HONORABLE BERTA MANUZ, THE DULY ELECTED GREENLEE COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE EVON PEARSON, THE DULY APPOINTED GREENLEE COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE JIM CLAW, TOM M. WHITE JR., and DAVID A. BROWN, THE DULY ELECTED OR APPOINTED MEMBERS OF THE APACHE COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE APACHE COUNTY BOARD OF SUPERVISORS; THE HONORABLE MARGARET A. COALTER, THE DULY ELECTED APACHE COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE PENNY L. PEW, THE DULY APPOINTED APACHE COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE PERCY DEAL, JESSE THOMPSON, J.R. DESPAIN, PETE SHUMWAY AND JERRY BROWNLOW, THE DULY ELECTED OR APPOINTED MEMBERS OF THE NAVAJO COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

- 4 -

SOLELY IN THEIR OFFICIAL CAPACITY; THE NAVAJO COUNTY BOARD OF SUPERVISORS; THE HONORABLE LAURETTE JUSTMAN, THE DULY ELECTED NAVAJO COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE KELLY DASTRUP, THE DULY APPOINTED NAVAJO COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE PAUL BABBITT, LIZ ARCHULETA, MATT RYAN, DEB HILL AND LOUISE YELLOWMAN, THE DULY ELECTED OR APPOINTED MEMBERS OF THE COCONINO COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE COCONINO COUNTY BOARD OF SUPERVISORS; THE HONORABLE CANDACE D. OWENS, THE DULY ELECTED COCONINO COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE PATTY HANSEN, THE DULY APPOINTED COCONINO COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE PETE BYERS, TOM SOCKWELL AND BUSTER JOHNSON, THE DULY ELECTED OR APPOINTED MEMBERS OF THE MOHAVE COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE MOHAVE COUNTY BOARD OF SUPERVISORS; THE HONORABLE JOAN MCCALL, THE DULY ELECTED MOHAVE COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE ALLEN TEMPERT, THE DULY APPOINTED MOHAVE COUNTY DIRECTOR OF

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

- 5 -

ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE JAY HOWE, CLIFFORD EDEY, AND EUGENE FISHER, THE DULY ELECTED OR APPOINTED MEMBERS OF THE LA PAZ COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE LA PAZ COUNTY BOARD OF SUPERVISORS; THE HONORABLE PATRICIA L. WALL, THE DULY ELECTED LA PAZ COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE DONNA J. HALE, THE DULY APPOINTED LA PAZ COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE GHERAL BROWNLOW, LORNA STREET, AND CHIP DAVIS, THE DULY ELECTED OR APPOINTED MEMBERS OF THE YAVAPAI COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE YAVAPAI COUNTY BOARD OF SUPERVISORS; THE HONORABLE PATSY JENNEYCOLON, THE DULY ELECTED YAVAPAI COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE SHARON KEENE WRIGHT, THE DULY APPOINTED YAVAPAI COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE JOSE M. SANCHEZ, RONALD CHRISTENSEN, and CRUZ SALAS, THE DULY ELECTED OR APPOINTED MEMBERS OF THE GILA COUNTY BOARD OF SUPERVISORS, WHO ARE NAMED SOLELY IN THEIR OFFICIAL CAPACITY; THE GILA COUNTY BOARD OF SUPERVISORS;

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

- 6 -

THE HONORABLE LINDA HAUGHT ORTEGA, THE DULY ELECTED GILA COUNTY RECORDER, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY, AND THE HONORABLE DIXIE MUNDY, THE DULY APPOINTED GILA COUNTY DIRECTOR OF ELECTIONS, WHO IS SOLELY NAMED IN HER OFFICIAL CAPACITY; THE HONORABLE JANICE K. BREWER, THE DULY ELECTED ARIZONA SECRETARY OF STATE, WHO IS NAMED SOLELY IN HER OFFICIAL CAPACITY;

) ) ) ) ) ) ) ) ) ) ) ) ) ) Defendants-Appellants. ) ) ____________________________________) Appeal from the Maricopa County Superior Court The Honorable Paul A. Katz AFFIRMED ________________________________________________________________ Scott E. Williams and Robert E. Melton Attorneys for Plaintiff-Appellee Gammage & By: and Attorneys Burnham PLC Lisa T. Hauser Leonard W. Aragon for Defendant-Appellant Tim Sifert Scottsdale Scottsdale

Phoenix

Richard M. Romley, Maricopa County Attorney By: Bruce P. White and Jill M. Kennedy Attorneys for County Defendants-Appellants

Phoenix

Terry Goddard, Arizona Attorney General Phoenix By: Jessica Gifford Funkhouser Attorneys for Defendant-Appellant Arizona Secretary of State ________________________________________________________________

R Y A N, Justice

- 7 -



Download CARL SEEL v TIM SIFERT et al.pdf

Arizona Law