Update on Special Action challenge to the consolidated elections bill


Posted by AzBlueMeanie:

Last year, Rep. Michelle Ugenti (R-Scottsdale) sponsored HB 2826 (consolidated election dates; political subdivisions), a bill providing for the consolidation of elections in the fall of even numbered years only. The law will apply to elections in 2014 and thereafter.

Last week the trial of
City of Tucson v. State of Arizona et al. (Case No.
C20126272) went before Judge James E. Marner of the Pima County Superior Court. It was scheduled for a day, but went two days.

The Minute Entry for Day One of the trial is

The Minute Entry for Day Two of the trial is

At the close of evidence, the State of Arizona moved for Judgment as a Matter of Law, which the court denied.

The parties made their closing arguments to the court, and Judge Marner took the matter under advisement.

The court instructed the parties to draft and to consolidate proposed findings of fact and conclusions of law and submit them to the court no later than August 5, 2013.

Judge Marner will likely rule on the case sometime in August. The losing party will, of course, immediately file a notice of appeal to the Court of Appeals.