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SUPREME COURT OF ARIZONA En Banc STEVE MAY, ) ) Petitioner,) ) v. ) ) HON. COLLEEN A. McNALLY, Judge ) of the SUPERIOR COURT OF THE ) STATE OF ARIZONA, in and for the ) County of Maricopa, ) ) Respondent Judge,) ) BETSEY BAYLESS, as Secretary of ) the State of Arizona, acting in ) her official capacity; CAROL ) SPRINGER, as Treasurer of the ) State of Arizona, acting in her ) official capacity; and the ) CITIZENS CLEAN ELECTIONS ) COMMISSION; and ARIZONANS FOR ) CLEAN ELECTIONS, ) ) Real Parties in Interest.) ) Arizona Supreme Court No. CV-02-0215-PR Court of Appeals Division One No. 1 CA-SA 02-0073 Maricopa County Superior Court No. CV 2001-006078

O P I N I O N

Special Action from the Superior Court of Maricopa County The Honorable Colleen A. McNally, Judge JUDGMENT AFFIRMED

Court of Appeals, Division One 203 Ariz. 13, 49 P.3d 285 (App. 2002) OPINION VACATED

INSTITUTE FOR JUSTICE ARIZONA CHAPTER by Clint Bolick and Timothy D. Keller Thomas P. Liddy Attorneys for Petitioner

Phoenix

THOMAS P. PROSE, Acting Arizona Attorney Phoenix General in this case and Chief Assistant Attorney General by Kathleen P. Sweeney, Assistant Attorney General and Todd F. Lang, Assistant Attorney General Attorneys for Real Party in Interest Citizens Clean Elections Commission ARIZONA CENTER FOR LAW IN THE PUBLIC INTEREST by Timothy M. Hogan and THE BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW by Elizabeth Daniel Attorneys for Real Party in Interest Arizonans for Clean Elections Phoenix New York, NY

PACIFIC LEGAL FOUNDATION Sacramento, CA by Deborah J. La Fetra Attorneys for Amicus Curiae Pacific Legal Foundation

B E R C H, Justice

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Arizona Law