Arizona Eagletarian

Arizona Eagletarian

Tuesday, November 26, 2013

Lobbyist Shakedown case to be reviewed by AZ Supremes

From the Arizona Supreme Court today:

CV-13-0341-PR CLEAN ELECTIONS et al v HON. BRAIN/BENNETT et al
Court of Appeals Division One
1 CA-SA 13-0239

ORDERED: Petitioners' Motion to Stay Preliminary Injunction and Request for Oral Argument = DENIED. (emphasis mine)

FURTHER ORDERED: Petition for Review of a Special Action Decision of the
Court of Appeals = GRANTED only as to this issue: whether the court of appeals
erred in holding that, "as a matter of statutory construction, when the voters
enacted the Clean Elections Act in 1998, they fixed campaign contribution limits
as they existed in 1998, subject to authorized adjustments."

FURTHER ORDERED: The case shall be set for oral argument on December 17,
2013, at 9:30 a.m.

FURTHER ORDERED: The parties and any amicus may file simultaneous
supplemental briefs, not to exceed 20 pages in length, no later than December 6, 2013.

This means that the Arizona Supreme Court will review the decision of the Appeals Court, only as to the question of whether it erred in holding that when voters enacted the Clean Elections Act in 1998, they fixed campaign contribution limits at the 1998 levels subject to authorized adjustments.

Additionally, the Supreme Court, in deciding not to grant a stay of the preliminary injunction, essentially said the Appeals Court decision to prohibit enactment -- for now -- of the Lobbyist Shakedown Bill (HB2593) stands. 

Ultimately, whether the Lobbyist Shakedown Bill takes effect or not is dependent on the outcome of the trial on the merits of the bill, in Maricopa County Superior Court. The trial, still needs to be held. Of course, whatever the court decides, after that trial, will be appealed.

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