The Arizona Supreme Court denied a request for an interlocutory stay in a case regarding the 2014 congressional election in District 2. The Court dismissed the special action petition for a writ of mandamus without prejudice, allowing the claims and issues to be pursued in the superior court instead. The Court also denied as moot a request for oral argument and a motion to intervene in the case.
The Arizona Supreme Court denied a request for an interlocutory stay in a case regarding the 2014 congressional election in District 2. The Court dismissed the special action petition for a writ of mandamus without prejudice, allowing the claims and issues to be pursued in the superior court instead. The Court also denied as moot a request for oral argument and a motion to intervene in the case.
The Arizona Supreme Court denied a request for an interlocutory stay in a case regarding the 2014 congressional election in District 2. The Court dismissed the special action petition for a writ of mandamus without prejudice, allowing the claims and issues to be pursued in the superior court instead. The Court also denied as moot a request for oral argument and a motion to intervene in the case.
The Arizona Supreme Court denied a request for an interlocutory stay in a case regarding the 2014 congressional election in District 2. The Court dismissed the special action petition for a writ of mandamus without prejudice, allowing the claims and issues to be pursued in the superior court instead. The Court also denied as moot a request for oral argument and a motion to intervene in the case.
ARLENE LEAF, DAVID MORGAN, DAVID HENRY CROTEAU, SHAUN McCLUSKY, and TED DOWNING, QUALIFIED VOTERS IN CONGRESSIONAL DISTRICT 2 ON THEIR OWN BEHALF AND ON BEHALF OF ALL ARIZONA VOTERS,
) Arizona Supreme Court
) No. CV-14-0319-SA ) ) ) ) ) ) Petitioners,) ) v. ) ) KEN BENNETT, ARIZONA SECRETARY ) OF STATE, ) ) Respondent. ) ) __________________________________) FILED 12/02/2014 O R D E R The Court has received and considered Petitioners Special Action Petition for Writ of Mandamus, Request for Interlocutory Stay, Request for Oral Argument, Martha McSallys Motion to Intervene, and Martha McSallys Preliminary Response in Opposition to the Special Action Petition for Writ of Mandamus and her Response in Opposition to Petitioners Request for Interlocutory Stay. The duty justice also held a telephonic conference concerning the Request for Interlocutory Stay on December 2, 2014. Participants were William Risner for the Petitioners and Assistant Attorney General Michele Forney for Secretary of State Ken Bennett. Also attending were Secretary Bennett; Brett Johnson, Eric Spencer, and Sara Agne for potential Intervenor Martha McSally; Deputy Cochise County Attorneys Britt Hanson and Elda Orduo for Cochise County; Dan Barr and Andrew Gaona for candidate Ron Barber; and Court staff. Having considered the relevant law, the pleadings filed, and the information communicated in the conference call, IT IS ORDERED denying the Request for Interlocutory Stay. After consideration by the full Court, IT IS FURTHER ORDERED dismissing the Special Action Petition for
Arizona Supreme Court No. CV-14-0319-SA
Page 2 Writ of Mandamus pursuant to Rule 7(b), Rules of Procedure for Special Actions, without prejudice to pursue the claims and legal issues in the superior court. IT IS FURTHER ORDERED denying as moot Petitioners Request for Oral Argument and Martha McSallys Motion to Intervene. DATED this 2nd day of December, 2014.
______________________________ Ann A. Scott Timmer Duty Justice
Arizona Supreme Court No. CV-14-0319-SA
Page 3 TO: William J. Risner Michele L. Forney Brett W. Johnson Eric H. Spencer Sara J. Agne