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SUPREME COURT OF ARIZONA En Banc MICHAEL McCLUNG, a citizen and qualified elector in the State of Arizona, Plaintiff-Appellant, v. HON. KEN BENNETT, in his official capacity as Arizona Secretary of State, HON. HELEN PURCELL, in her official capacity as Maricopa County Recorder, MARICOPA COUNTY BOARD OF SUPERVISORS in their official capacity, HON. LAURA DEAN-LYTLE in her official capacity as Pinal County Recorder, PINAL COUNTY BOARD OF SUPERVISORS in their official capacity, HON. F. ANN RODRIGUEZ in her official capacity as Pima County Recorder, PIMA COUNTY BOARD OF SUPERVISORS in their official capacity, HON. SUZANNE SAINZ in her official capacity as Santa Cruz County Recorder, SANTA CRUZ COUNTY BOARD OF SUPERVISORS in their official capacity, HON. ROBYN POUQUETTE in her official capacity as Yuma County Recorder, YUMA COUNTY BOARD OF SUPERVISORS in their official capacity, HON. SHELLY BAKER in her official capacity as La Paz County Recorder, LA PAZ COUNTY BOARD OF SUPERVISORS, in their official capacity, Defendants-Appellees, And ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Arizona Supreme Court No. CV-10-0183-AP/EL Maricopa County Superior Court No. CV2010-019503

O P I N I O N

) ) ) Defendant-Appellee. ) _________________________________ ) JOSEPH SWEENEY, Appeal from the Superior Court in Maricopa County The Honorable John C. Rea, Judge AFFIRMED ________________________________________________________________ WILLIAM EDWARD CONNER, L.L.M. By William Edward Conner Attorneys for Michael McClung El Mirage

TERRY GODDARD, ARIZONA ATTORNEY GENERAL Phoenix By Mary R. O'Grady, Solicitor General Barbara A. Bailey, Assistant Attorney General James E. Barton, II, Assistant Attorney General Attorneys for Ken Bennett BARBARA LAWALL, PIMA COUNTY ATTORNEY By Daniel S. Jurkowitz, Deputy County Attorney Attorneys for F. Ann Rodriguez and Pima County Board of Supervisors Tucson

MARICOPA COUNTY OFFICE OF Phoenix GENERAL LITIGATION SERVICES By Laurence G. Tinsley, Jr., Senior General Counsel Colleen Connor, Assistant General Counsel Karen J. Hartman-Tellez, Assistant General Counsel Attorneys for Helen Purcell, Maricopa County Board of Supervisors, Laura Dean-Lytle, Pinal County Board of Supervisors, Suzanne Sainz, Santa Cruz County Board of Supervisors, Robyn Pouquette, Yuma County Board of Supervisors, Shelly Baker, and La Paz County Board of Supervisors Joseph Sweeney Tucson In Propria Persona ________________________________________________________________ B E R C H, Chief Justice

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