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SUPREME COURT OF ARIZONA In Division

PAUL MORENO,

) ) Plaintiff/Appellee, ) ) v. ) ) RUSSELL L. JONES, ) ) Defendant/Appellant, ) ) ) JAN BREWER, ARIZONA SECRETARY OF ) STATE; EUGENE FISHER, in his ) official capacity as a member of ) the LA PAZ COUNTY BOARD OF ) SUPERVISORS; CLIFFORD EDEY, in ) his official capacity as a ) member of the LA PAZ COUNTY ) BOARD OF SUPERVISORS; MARY SCOTT, ) in her official capacity as a ) member of the LA PAZ COUNTY ) BOARD OF SUPERVISORS; LEONORE ) LONORA STUART, in her official ) capacity as a member of the YUMA ) COUNTY BOARD OF SUPERVISORS; ) KATHRYN PROCHASKA, in her ) official capacity as a member of ) the YUMA COUNTY BOARD OF ) SUPERVISORS; MARCO A. REYES, in ) his official capacity as a ) member of the YUMA COUNTY BOARD ) OF SUPERVISORS; GREGORY F. ) FERGUSON, in his official ) capacity as a member of the YUMA ) COUNTY BOARD OF SUPERVISORS; ) SHELLEY BAKER, in her official ) capacity as Recorder for LA PAZ ) COUNTY; SUSAN HIGHTOWER MARLER, ) in her official capacity as ) Recorder for YUMA COUNTY, ) ) Defendants. ) __________________________________)

Arizona Supreme Court No. CV-06-0237-AP/EL Maricopa County Superior Court No. CV 2006-009745

O P I N I O N

Appeal from the Superior Court in Maricopa County The Honorable Kenneth L. Fields, Judge REVERSED ________________________________________________________________ PERKINS COIE BROWN & BAIN PA By Paul F. Eckstein Charles A. Blanchard Rhonda L. Barnes Patricia A. Alexander Attorneys for Paul Moreno Phoenix

TERRI SKLADANY, ACTING ARIZONA ATTORNEY GENERAL Phoenix By Emma Lehner Mamaluy, Assistant Attorney General Peter A. Silverman, Assistant Attorney General Diana L. Varela, Assistant Attorney General Attorneys for Jan Brewer JON R. SMITH, YUMA COUNTY ATTORNEY Yuma By Robert Lee Pickels, Jr., Deputy County Attorney William J. Kerekes, Deputy County Attorney Attorneys for Leonore Lonora Stuart, Kathryn Prochaska, Marco A. Reyes, Gregory F. Ferguson, and Susan Hightower Marler WILLIAMS & ASSOCIATES By Scott E. Williams Mark Zinman And LAW OFFICE OF ROBERT E. MELTON By Robert E. Melton Attorneys for Russell L. Jones Scottsdale Scottsdale

ANDREW P. THOMAS, MARICOPA COUNTY ATTORNEY Phoenix By Geraldine L. Roll, Deputy County Attorney Attorneys for Eugene Fisher, Clifford Edey, Mary A. Scott, and Shelley Baker ________________________________________________________________ B A L E S, Justice

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