SUPREME COURT OF ARIZONA

JUDITH K. LOHR, a qualified Arizona Supreme Court

elector, No. 
Plaintiff/Appellant, Maricopa County
Superior Court
v. No. 

SHAWNNA BOLICK, a Republican
Primary Candidate for Arizona
House of Representatives in
Legislative District 20, et al.,

FILED 05/11/2020

Defendants/Appellees.



 



The Court, by a panel consisting of Chief Justice Brutinel, Vice
Chief Justice Timmer, Justice Gould and Justice Montgomery,
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.1 The Court rules as follows:

IT IS ORDERED affirming the trial court decision in part and
reversing in part.

It is undisputed that the Candidate is a resident and qualified
elector of Legislative District 20 and that the address she provided
has the same city, county, ZIP code, and district as her physical
residence.

The Candidate did not strictly comply with the requirements of
A.R.S. l6?3ll(A) in her nomination paper which requires the
candidate to ?sign and cause to be filed a nomination paper giving
the person?s actual residence address or description of place of

residence and post office address?. However, the Candidate
substantially complied with the statutory nomination?paper
requirement. The error was unlikely to have misled or confused

voters about the Candidate?s ability to run as a resident of

 

1Justice Bolick has recused himself from participating in this matter.

Arizona Supreme Court Case No. 
Page 2 of 3

Legislative District 20.

The Candidate did not strictly comply with A.R.S. l6?3l4(C)
when stating in her nomination petitions sheets that she resides at
610 E. Bell Rd. 2?l42 Phoenix AZ 85022, which is a UPS store.
However, the Candidate substantially complied with the statutory
nomination. petition sheet requirement. The error? was unlikely 'to
have misled or confused voters about the Candidate?s ability to run
as a resident of Legislative District 20.

With respect to the Candidate?s paper petition sheets, the
Candidate did not strictly or substantially comply with A.R.S. 16?
which requires that a circulator include ?Circulator?s actual
residence address or, if no street address, a description of
residence location.? The purpose of this requirement is to ensure
that a circulator can be contacted and questioned about the validity
of gathered signatures. Providing a pmivate mail box address does
not fulfill this purpose.

However, with respect to the Candidate?s ?E?Qual? petition
sheets submitted pursuant to A.R.S. 16?316, there is no statutory
requirement that a candidate provide a statement of residential
address. Therefore, there is no statutory authority to challenge or
invalidate a candidate?s E?Qual petitions on these grounds.

The Candidate was required to submit a H?nimum of 455
signatures. After the County Recorder invalidated 75 of the
Candidate?s signatures, she had 820 valid signatures. The
invalidation of 290 signatures from the paper petition sheets
circulated km] the Candidate leaves her? with 530 valid. signatures,
well above the statutory requirement.

IT IS FURTHER ORDERED that the Maricopa County Board of
Supervisors, County Recorder, and Elections Director shall leave
Shawnna Bolick?s name on the Republican. ballot for the office of
Representative for legislative District 20 for tine August 4, 2020
primary election.

The Court will issue an opinion in due course.

DATED this day of May, 2020.


ROBERT BRUTINEL
Chief Justice

 

Arizona Supreme Court Case No.

Page 3 of 3

TO:

James Barton II
Jacqueline Soto
Kory A Langhofer
Thomas Basile
Mark Brnovich
Joseph A Kanefield
Brunn Roysden 
Jennifer Wright
Joseph Eugene La Rue
Hon Scott McCoy
Hon Jeff Fine
Aaron Nash

Alicia Moffatt