Update on the City of Tucson’s legal challenge to consolidated election dates


Posted by AzBlueMeanie:

Updating an earlier post, Update on the City of Tucson's legal challenge to consolidated election dates.

The City of Tucson filed a special action for declaratory and injunctive relief on October 10, 2013 in the Pima County Superior Court, City of Tucson v. State of Arizona et al. (Case No. C20126272). The City of Phoenix was permitted to intervene as a plaintiff. The case is assigned to Judge James E. Marner. Oral Argument on Plaintiffs’ Complaint for Special Action and for Declaratory and Injunctive Relief set on Monday, April 29, 2013, at 2:00 p.m. in Division 10 for two hours.

Since the last update, the evil bastards from the Goldwater Institute have sought to participate as an amicus curiae (friend of the court) in this case, in support of the state of Arizona (or more specifically, the Arizona legislature). the City of Tucson and the City of Phoenix have objected, as well they should.

There are a number of motions pending, but the latest Minute Entry Order of the Court dated April 17, 2013 retains the hearing set for Monday, April 29, 2013, at 2:00 p.m. in Division 10 for two hours.

The ME Order also addresses the following issues:

The court having conferred with counsel, the matters to be addressed at the hearing scheduled for Monday, April 29, 2013 before this court are as follows:

  1. Argument and determination of the State’s Rule 56(f) motion;
  2. Argument and decision on Tucson’s Motion to Strike Affidavit (i.e., motion to strike testimony by Representative Ugenti)
  3. Argument and decision on the motion to participate by an Amicus; and
  4. The three motions for Summary Judgment.

Plaintiff City of Phoenix will file their response regarding the Amicus issue.

The burning questions are whether anyone in the Tucson media, besides me, is even following this case which could dramatically alter City of Tucson elections and force a Charter change, and will the media even bother to send a reporter to court on Monday?