SUPREME COURT OF ARIZONA ROBERT BRANCH, an individual, ) ) Plaintiff/Appellee, ) ) v. ) ) BOYD DUNN, et al., ) ) Defendants/Appellants. ) __________________________________) Arizona Supreme Court No. CV-20-0124-AP/EL Maricopa County Superior Court No. CV2020-004789 FILED 05/13/2020 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.1 The Court rules as follows: 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 1 Justice Bolick has recused himself from participating in this matter. Arizona Supreme Court Case No. CV-20-0124-EL Page 2 of 2 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