Wednesday, May 6, 2020

UPDATE: Arizona Supreme Court Re-Consolidates The Two Boyd Dunn Appeals, Sets Briefing Schedule

Playing it cautious, the Arizona Supreme Court re-consolidated Arizona Corporation Commissioner Boyd Dunn's appeals of his getting knocked off this year's ballot. The Court also set an expedited  briefing schedule that will allow it to decide the  matter before Maricopa County has to begin printing its first ballots on May 15.

The two different cases - and, thus, the two different appeals - are a key issue for Dunn in challenging last week's trial court decision. The cases were filed by different parties and challenged different signatures. The County Recorders thus invalidated different sets of signatures for each case.

Superior Court Judge Roger Brodman added the invalidated signatures from both sets, and found that there were not enough valid signatures. Although the cases had been consolidated, Dunn's attorney, Jack Wilenchik, argued unsuccessfully that because neither plaintiff had amended his complaint to add the other challenge's signatures, both had to be considered separately.

Even though the attorneys all agreed today that the Supreme Court did not need to re-consolidate the appeals, Justice Andrew Gould decided to do so on his own.

He also set this Friday as the deadline for Dunn's counsel to file their brief, and the challengers will file their response next Tuesday. The Court will then decide the case without oral argument.

(AZ Law will be posting its latest update of Election Challenges from around the state - including all appeal information, before Thursday morning.)

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