Opinion
Arizona Supreme Court No. CV-20-0124-AP/EL
05-13-2020
ROBERT BRANCH, an individual, Plaintiff/Appellee, v. BOYD DUNN, et al., Defendants/Appellants.
Maricopa County Superior Court No. CV2020-004789
DECISION ORDER
The Court, by a panel consisting of Chief Justice Brutinel, Vice Chief Justice Timmer, Justice Lopez and Justice Beene, has considered the briefs of the parties, the trial court's minute entry order, and the relevant statutes and case law in this expedited election matter. The Court rules as follows:
Justice Bolick has recused himself from participating in this matter. --------
IT IS ORDERED affirming the trial court.
To be placed on the ballot, a candidate must submit nomination petitions signed by a sufficient number of qualified electors as set forth in A.R.S. § 16-322. The Candidate had timely notice of the challenges to the signatures on his petitions in each of the two verified complaints. Therefore, his claims that the doctrines of estoppel, laches and due process preclude the combining of the results from both of the cases fail because the Candidate had timely and proper notice of each challenge to each signature as required by A.R.S. § 16-351(A), and because as a result of the challenges, the Candidate did not have a sufficient number of valid signatures to be placed on the ballot.
IT IS FURTHER ORDERED that the defendant/appellee County Boards of Supervisors and County Recorders shall remove Boyd Dunn from the Republican ballot for the office of the corporation commission for the August 4, 2020 primary election. The requested injunction is granted.
DATED this 13th day of May, 2020.
/S/_________
ROBERT BRUTINEL
Chief Justice TO: David J Cantelme
D Aaron Brown
Kory A Langhofer
Thomas J Basile
Kelly Gillilan-Gibson
Kara Karlson
Dustin D Romney
Michael B Whiting
Jason S Moore
Jefferson R Dalton
Jeremy O Ford
Ryan Henry Esplin
Kenneth A Angle
Larson Scott Bennett
Barbara LaWall
Daniel S Jurkowitz
Allen Hatch Quist
Brian J Palmer
Thomas M Stoxen
Matthew Black
Britt W Hanson
Christine Roberts
Ryan Norton Dooley
William J Kerekes
George E Silva
Kimberly J Hunley
Rose Winkeler
Mark D Byrnes
Emily M Craiger
Joseph Eugene La Rue
Hon Roger E Brodman
Hon Jeff Fine
Aaron Nash
Alicia Moffatt