Steve May v The Honorable Sheldon H. Weisberg, et al
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FILED JUL - CLE~KSUP8EME COURT SUPREME COURT OF ARIZONA BY ) STEVE MAY, Arizona Supreme Court No. CV-02-0206-SA Petitioner, ) THE HONORABLE SHELDON H. WEISBERG, JON W. THOMPSON, JOHN C. GEMMILL, JUDGES OF THE COURT OF APPEALS, DIVISION ONE, in and for the State of Arizona, Court of Appeals Division One No. 1 CA-SA 02-0073 ) ) ) Maricopa County Superior Court No. CV 2001-006078 ) v. ORDER OF STAY Respondents, and BETSEY BAYLESS, as Secretary of State of the State of Arizona, acting in her official capacity; CAROL SPRINGER, as Treasurer of the State of Arizona, acting in her official capacity; and the CITIZENS CLEAN ELECTIONS COMMISSION; and ARIZONANS FOR CLEAN ELECTIONS, Real Parties in Interest. Division One issued its provisions following of Opinion of the the Court holding Clean of on June unconstitutional the Elections issuance of the Opinion, its own stay, Appeals, Act of Arizona. the court 17, 2002, surcharge Two of appeals days issued effective until July 8, 2002. This court is in receipt of the Petition for Special Action -1- 32002 requesting that case court s that the court of appeals determination stay be of lifted, in which unconstitutionality would take immediate effect. The Citizens Clean Elections Commission has filed a Response to the Petition for Petition, requesting enjoining the Opinion. We have Special Action, the Response that immediate this court effectiveness read and considered Response, to Action, the in Cross-Petition. Interest have now of the the Balancing Cross- its own stay, court for all all a of appeals Petition for Special the court satisfied with order Cross-Petition weighing the arguments of counsel, Parties together Stay, the and the interests and concludes the Real requirements necessary for the issuance of a stay by this court. IT IS THEREFORE court of appeals Clean Elections stayed. Act of Arizona 17, 2002 surcharge Opinion of provision unconstitutional of the stay issued by the court of the the is hereby of appeals 2002 will not affect the duration of the stay granted by this Order. until the June that declared the Expiration on July 8, ORDERED The stay hereby granted shall remain in effect further order of this court. Justices Feldman and Ryan decision. -2- did not participate in this Supreme Court No. DATED this CV-02-0206-SA 3rd day of July, 2002. Charles ~~nes Chief Justice TO: Clint Bolick, Esq., Thomas P Liddy, Esq. and Timothy D Keller, Esq., Institute for Justice, Arizona Chapter Timothy M Hogan, Esq., Arizona Center for Law in the Public Interest Elizabeth Daniel, Esq., Brennan Center for Justice at New York University School of Law Hon. Janet A Napolitano, Arizona Attorney General Attn: Todd F Lang, Esq. Hon. Sheldon H Weisberg, Judge, Court of Appeals, Division One, Phoenix Hon. Jon W. Thompson, Judge, Court of Appeals, Division One, Phoenix Hon. John C Gemmill, Judge, Court of Appeals, Division One, Phoenix; Glen D Clark, Clerk, Court of Appeals, Division One, Phoenix ma -3-
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