AARON BROWN'S LEGAL ALERTS

July 30, 2008

Jenkins v. Hale Opening Brief
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Jenkins v. Hale Reply Brief
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May 20, 2008
To: Legislative Candidates
From: Aaron Brown, Esq.
Subject: Petition Challenges

Candidates: This tells you how to kick an opponent off the ballot or how to fight off your opponent’s challenge if he or she sues you. You only file a case if you’re sure you’re going to win. This means you are certain you can knock out enough signatures to force your opponent below the minimum for that office. Usually the suit is filed in the name of someone other than a candidate.

Petitions. The easiest way to win a petition case is to get whole sheets thrown out. Here are common ways to do so: A petition can be voided if it’s in the wrong form. It is void if it is verified by someone other than the circulator. The circulator must see all persons actually sign the petition. The circulator must be qualified to register to vote in Arizona, and the circulator’s name must be typed or printed under his or her signature, and his or her address must be included in the petition. Entire petitions likewise can be disqualified for a candidate’s petition forgery. Candidates found guilty of forgery are ineligible to seek public office for 5 years.

Signatures. Individual signatures are bad for any of the following reasons: Signed more than once, is not a registered voter, is legally incapacitated or a convicted felon, wrong party, moved and failed to re-register in time, signed your petition also, forged signature, wife signs for husband or vice versa, or lives in wrong district.

Lawsuits. The last day to file petitions for a primary is June 4, 2008. A suit to kick someone off the primary ballot must be filed in superior court no later than 5:00 p.m., June 18, 2008. The complaint must specify “the petition number, line number and basis for the challenge for each signature being challenged.”

Clean Elections. Candidates also can get in trouble with Clean-Elections. Here’s what to look for: (1) the contribution must be $5.00 exactly and must come from a voter registered in your district and party who has not given to your opponent; (2) your opponent cannot spend more than $500 in personal funds for a legislative race, cannot overspend the primary or general election limits, must keep the right accounting under A.R.S. § 16-948, and must return unused money under A.R.S. § 16-953; (3) if made by check or money order, the donation must be made payable to the candidate's campaign committee, or if in cash, deposited in the candidate's campaign committee's account; and (4) the donation must be accompanied by a three-part reporting slip that is filled out right.

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May 15, 2008
To: Arizona School Districts
From: D. Aaron Brown,
Re: School Uniforms

A recent case decided by the Ninth Circuit Court of Appeals approved a district's right to require its students to wear uniforms. The case is Jacobs v. Clark County School District, and it was decided on May 12, 2008. In this case the Ninth Circuit considered a challenge to Clark County's uniform requirements. Several students were suspended as a result of their refusal to wear the uniforms. They sued the district suit under the First Amendment and the Due Process clause. The Ninth Circuit upheld the District.

This case may very well be heard by the Supreme Court, and if the law changes in this regard, I will be sure to update you accordingly.
If you would like further information, please contact me.

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May 15, 2008
To: Arizona School Districts
From: D. Aaron Brown,
Re: School Vouchers

On May 15, 2008, the Court of Appeals of the State of Arizona, Division II, issued an opinion in Cain v. Horne, in which it held that two school voucher programs that provide aid to private schools violate the Aid Clause of the Arizona Constitution (Article IX, § 10). The voucher programs in question were the Arizona Scholarships for Pupils with Disabilities Program, and the Arizona Displaced Pupils Choice Grant Program. As a result of the Court’s opinion, Superintendent Horne has been enjoined from expending funds under these voucher programs.

This matter may find its way to the Supreme Court of Arizona, and if it does so, I will provide you with another update. If you would like further information please contact me.

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