Vince Leach v. Katie Hobbs

SUPREME COURT OF ARIZONA VINCE LEACH, an individual and ) Arizona Supreme Court qualified elector; SANDRA ) No. CV-20-0233-AP/EL SEVERSON, an individual and ) qualified elector, VICKI BUCHDA, ) Maricopa County an individual and qualified ) Superior Court elector, ARIZONANS FOR BETTER ) No. CV2020-007961 HEALTHCARE, a nonprofit ) CV2020-009087 corporation; ARIZONA MEDICAL ) (Consolidated) ASSOCIATION, INC., a nonprofit ) corporation; HEALTH SYSTEM ) ALLIANCE OF ARIZONA, a nonprofit ) corporation; ARIZONA NURSES ) ASSOCIATION, a nonprofit ) corporation ) ) Plaintiffs/Appellees, ) FILED 08/20/2020 ) v. ) ) KATIE HOBBS, Arizona Secretary ) of State and ARIZONANS FED UP ) WITH FAILING HEALTHCARE ) (HEALTHCARE RISING AZ), a ) political action committee, ) ) Defendants/Appellants. ) __________________________________) ARIZONANS FED UP WITH FAILING ) HEALTHCARE (HEALTHCARE RISING ) AZ), a political action ) committee, ) ) Plaintiff/Appellant, ) ) v. ) ) KATIE HOBBS, in her official ) Capacity as Arizona Secretary ) of State ) ) Defendant/Appellant. ) __________________________________) D E C I S I O N O R D E R The Court en banc has considered the briefs and authorities in this expedited election appeal concerning the “Stop Surprise Billing and Protect Patients Act" ballot initiative, I-24-2020. The trial Arizona Supreme Court Case No. CV-20-0233-AP/EL Page 2 of 2 court enjoined the ballot measure finding that the measure lacked sufficient signatures to be placed on the general ballot. The trial court struck approximately 28,000 signatures when the circulators did not comply with subpoenas to appear for trial under A.R.S. § 19- 118(C). The Court rejects proponent’s claim that the statute does not apply to circulators who have filed papers with the Secretary of State to deregister as circulators and affirms the trial court ruling enjoining the initiative from the ballot. This ruling being dispositive as to the issue of whether the initiative will appear on the ballot, IT IS ORDERED affirming the trial court and enjoining the Stop Surprise Billing and Protect Patients Act from appearing on the general election ballot. IT IS FURTHER ORDERED denying the challenger's request for attorneys' fees. A written opinion will follow. DATED this 20th day of August, 2020. _____/S/_________________________ ROBERT BRUTINEL Chief Justice TO: Brett William Johnson Eric H Spencer Colin P Ahler Tracy Olson Ian R Joyce Kara Karlson Dustin D Romney Israel G Torres James E Barton II Jacqueline Soto Hon. Pamela S Gates Hon. Jeff Fine Paul F Eckstein Daniel C Barr Austin Yost Margo R. Casselman