1

2
649 North Fourth Avenue, First Floor
3 Phoenix, Arizona 85003
4 (602) 382-4078
Kory Langhofer, Ariz. Bar No. 024722
5
kory@statecraftlaw.com
6 Thomas Basile, Ariz. Bar. No. 031150
tom@statecraftlaw.com
7
8 Timothy A La Sota, Ariz. Bar No. 020539
TIMOTHY A. LA SOTA, PLC
9 PHOENIX, ARIZONA 85016
TELEPHONE: (602) 515-2649
10
tim@timlasota.com
11
Attorneys for Petitioners
12
13 IN THE SUPERIOR COURT FOR THE STATE OF ARIZONA

14 IN AND FOR THE COUNTY OF MARICOPA

15 CHRISTOPHER PEREA, an individual; and No. CV2017-011431
THOMAS JENNEY, an individual,
16
Petitioners, FIRST AMENDED VERIFIED
17 SPECIAL ACTION
v. COMPLAINT
18
19
MICHELLE REAGAN, in her capacity as the
20 Secretary of State of Arizona,

21 Respondent,

22
and
23
SAVE OUR SCHOOLS ARIZONA, a political
24 committee,

25 Real Party in Interest.

26
27
28
1
1 Pursuant to Ariz. R. Civ. P. 15(a)(1)(B), Petitioners hereby amend their Verified
2 Special Action Complaint for mandamus and injunctive relief pursuant to A.R.S. § 19-
3 118(D), and allege as follows:
4 SUMMARY OF THE CASE
5 1.! This action challenges the registration and qualification of certain circulators
6 of the referendum petition bearing the serial number R-02-2018 (the “Referendum
7 Petition”). The circulators were ineligible to collect signatures for the Referendum
8 Petition because they either (1) failed to properly register with the Secretary of State prior
9 to circulating the Referendum Petition, or (2) are convicted felons who have not been
10 restored to civil rights. Accordingly, the signatures they amassed are invalid as a matter
11 of law, and the Petitioners seek mandamus and injunctive relief requiring the Secretary of
12 State to disqualify the affected petition sheets and signatures.
13 2.! Mandamus and/or injunctive remedies are necessary to prevent irreparable
14 injury to the Petitioners and to ensure that the Respondent fully and effectively discharges
15 the duties imposed upon her by state law.
16 JURISDICTION
17 3.! This Court has jurisdiction over this action pursuant to Article 6, § 14 of the
18 Arizona Constitution, Arizona Rules for Special Actions 4(a), and A.R.S. §§ 12-1801, 12-
19 2021, and 19-118(D).
20 4.! Venue for this action lies in Maricopa County pursuant to A.R.S. § 12-
21 401(7) and (16) because the Respondent resides and/or holds office in that county, and
22 pursuant to A.R.S. § 19-118(D) because the relevant circulators registered or should have
23 registered with the Secretary of State in that county.
24 PARTIES
25 5.! Petitioner Christopher Perea is a citizen of the United States of America,
26 and a resident and qualified elector of the City of Phoenix, Maricopa County, and the
27 State of Arizona. Mr. Perea is a teacher at the Gateway Academy in Paradise Valley,
28 Arizona.
1 6.! Petitioner Thomas Jenney is a citizen of the United States of America, and a
2 resident and qualified elector of the City of Phoenix, Maricopa County, and the State of
3 Arizona.
4 7.! Respondent Michelle Reagan is the Secretary of State of Arizona, and is
5 named in this action in her official capacity only. The Secretary of State is a public
6 officer responsible for determining the legal sufficiency of statewide referendum petitions
7 and the validity of signatures presented thereon, to include preparing, processing and
8 retaining circulator registrations and disqualifying signatures collected by circulators who
9 failed to comply with applicable registration requirements. See A.R.S. §§ 19-118, -
10 121.01(A)(1)(h).
11 8.! Real Party in Interest Save Our Schools Arizona (the “Committee”) is an
12 Arizona political committee that was organized to support the qualification of the
13 Referendum Petition for the November 6, 2018 general election ballot.
14 GENERAL ALLEGATIONS
15 9. On or around May 11, 2017 the Committee filed with the Secretary of State
16 an Application for Initiative or Referendum Petition Number to refer 2017 Laws, Chapter
17 139 (Senate Bill 1431), which expanded eligibility for the Empowerment Scholarship
18 Accounts, to a vote of the statewide electorate in the November 6, 2018 general election.
19 The Secretary of State issued the serial number R-02-2018 to the Committee on the same
20 date.
21 10. On August 8, 2017, the Committee filed with the Secretary of State the
22 Referendum Petition, which must contain no fewer than 75,321 valid signatures of
23 qualified electors to refer Senate Bill 1431 to the ballot.
24 11. Arizona law provides that “[a]ll circulators who are not residents of this
25 state and, for statewide ballot measures only, all paid circulators must register as
26 circulators with the secretary of state before circulating petitions pursuant to this title.”
27 A.R.S. § 19-118(A). The Secretary of State is responsible for promulgating the
28 registration form that sets forth the items of information required of registered circulators.
1 See id. Signatures collected by individuals who were required to have been, but who were
2 not, “properly registered” with the Secretary of State must be disqualified. A.R.S. § 19-
3 121.01(A)(1)(h).
4 12. To circulate a ballot measure petition, an individual must, notwithstanding
5 his or her state of residency, otherwise be eligible to register to vote in the State of
6 Arizona. See A.R.S. § 19-114(A).
7 13. An individual who has been convicted of a felony offense and has not been
8 restored to civil rights is not eligible to register to vote and, by extension, may not
9 circulate ballot measure petitions in Arizona. See A.R.S. §§ 19-114(A), 16-101(A)(5).
10 14. There are at least five independent bases for disqualifying various petition
11 sheets that were circulated by individuals who either failed to properly register with the
12 Secretary of State or are ineligible to circulate ballot measure petitions because of a prior
13 felony conviction.
14 Objection No. 1: Failure to Register with the Secretary of State (Paid Circulators)
15 15. All paid circulators of statewide referenda petitions must register with the
16 Secretary of State prior to collecting signatures, regardless of whether they are residents of
17 Arizona. See A.R.S. § 19-118(A).
18 16. Andrew March represented on the petition sheets he circulated that he was
19 an unpaid volunteer.
20 17. Upon information and belief, Mr. March is a professional petition circulator,
21 who was compensated for signature collection services he provided in connection with
22 State of Arizona Initiative Petition I-08-2016, a statewide initiative measure in the 2016
23 election cycle. Copies of circulator registration forms that were executed and filed with
24 the Secretary of State by Mr. March on September 1, 2015 and March 7, 2016 are
25 attached hereto as Exhibit A.
26 18. Upon information and belief, Mr. March was paid for some or all of the
27 signatures he amassed for the Referendum Petition but did not so indicate on the petition
28 sheets.
1 19. Mr. March did not register with the Secretary of State as a circulator of the
2 Referendum Petition.
3 20. The following individuals indicated on the face of at least one petition sheet
4 they ostensibly circulated that they were paid for their signature collection efforts, but
5 they never registered with the Secretary of State as paid circulators of the Referendum
6 Petition:
7 a. Alison Hughes (Sheet No. 6832)
8 b. Susan Brachman (Sheet No. 8643)
9 c. Sally Connelly (Sheet Nos. 9136 and 9137)
10 21. Accordingly, all signatures on the Referendum Petition that were collected
11 by Mr. March, Ms. Hughes, Ms. Brachman, or Ms. Connelly are invalid and must be
12 disqualified. See A.R.S. §§ 19-118(A), -121.01(A)(1)(h).
Objection No. 2: Failure to Register with the Secretary of State (Out-of-State
13
Residents)
14 22. All persons who are not residents of Arizona must register with the
15 Secretary of State prior to circulating ballot measure petitions in this state, regardless of
16 whether they are compensated for their signature collection services. See A.R.S. § 19-
17 118(A).
18 23. The following circulators indicated on at least one petition sheet that they
19 are residents of California, but they did not register with the Secretary of State prior to
20
circulating the Referendum Petition:
21 a. Elvira Din (Sheet Nos. 6936 and 6944)
22 b. Michael O’Connell (Sheet No. 6953).
23 24. All signatures on the Referendum Petition that were collected by Ms. Din or
24 Mr. O’Connell are invalid and must be disqualified. See A.R.S. §§ 19-118(A), -
25 121.01(A)(1)(h).
26 Objection No. 3: Incomplete or Insufficient Registrations
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1 25. The Legislature has authorized the Secretary of State to develop “a
2 procedure for registering circulators” in the official election procedures handbook issued
3 pursuant to A.R.S. § 16-452, as well as to formulate circulator training materials. See
4 A.R.S. §§ 19-118(A), -111(D).
5 26. Pursuant to this statutorily conferred authority, the Secretary of State
6 mandates that registered circulators must provide to the Secretary of State, inter alia, their
7 (a) actual residential address and (b) telephone number. See Arizona Secretary of State,
8 PETITION CIRCULATION TRAINING GUIDE (rev. May 2017), at 2, available at
9 https://www.azsos.gov/sites/azsos.gov/files/petition_circulator_training_guide_may_2017
10 .pdf
11 27. Registered circulators also are required by statute to disclose to the
12 Secretary of State a physical address in the State of Arizona at which they will accept
13 service of process. See A.R.S. § 19-118(B)(2).
14 28. The following seven circulators of the Referendum Petition failed to provide
15 a complete and accurate residential address, service of process address, or telephone
16 number on their registration forms:
17 a. Richard Berman represented to the Secretary of State on his
18 registration form, under penalty of perjury, that his phone number is (520) 244-
19 7536. Upon information and belief, the phone number provided by Mr. Berman is
20 no longer in service. A certified copy of Mr. Berman’s registration form is
21 attached hereto as Exhibit B.
22 b. Kobie Morton represented to the Secretary of State on his registration
23 form, under penalty of perjury, that his residential address is 5649 S. 12th St.,
24 Phoenix, AZ 85040. On multiple petition sheets he ostensibly circulated, however,
25 Mr. Morton averred in the circulator affidavit that his residential address is 1975 E.
26 Apache, Tempe, AZ 85202. A certified copy of Mr. Morton’s registration form is
27 attached hereto as Exhibit C.
28
1 c. Jamour Parks represented to the Secretary of State on his registration
2 form, under penalty of perjury, that his residential address is 147 S Place (or,
3 alternatively, depending on how the handwriting is construed, 147 5 Place), Mesa,
4 AZ 85208. Upon information and belief, however, there is no such address as 147
5 S Place (or 147 5 Place), Mesa, AZ 85208. A certified copy of Mr. Parks’
6 registration form is attached hereto as Exhibit D.
7 d. Daniel Snipes represented to the Secretary of State on his registration
8 form, under penalty of perjury, that his residential address is 2513-A, Tucson, AZ
9 85705. Upon information and belief, however, there is no such address as 2513-A,
10 Tucson, AZ 85705. A certified copy of Mr. Snipes’ registration form is attached
11 hereto as Exhibit E.
12 e. Riley Williams represented to the Secretary of State on his
13 registration form, under penalty of perjury, that his residential address and the
14 address at which he may be served with process is 1225 W. Main, Mesa, AZ
15 85201. Post office mail directed to Mr. Williams at this address, however, was
16 returned as undeliverable. Upon information and belief, 1225 W. Main, Mesa, AZ
17 85201 is the location of a commercial strip mall and is not a residential address. A
18 certified copy of Mr. Williams’ registration form is attached hereto as Exhibit F.
19 f. Jadid-Alam Organ represented to the Secretary of State on his
20 registration form, under penalty of perjury, that his residential address is 4424 E.
21 Baseline Rd., Phoenix, Arizona 85042. Although the address appears to be the
22 location of a large apartment complex, Mr. Organ did not provide an apartment or
23 unit number on his registration form. Post office mail directed to Mr. Organ at the
24 address as it appears on his registration form was returned as undeliverable and
25 bearing a notation that read “No Apt #.” A certified copy of Mr. Organ’s
26 registration form is attached hereto as Exhibit G.
27 g. Darryl Jackson represented to the Secretary of State on his
28 registration form, under penalty of perjury, that his telephone number is (602) 570-
1 0118. When this number was called on August 14, 2017, however, the individual
2 who answered stated that it is not Mr. Jackson’s phone and that the caller had the
3 wrong number. A certified copy of Mr. Jackson’s registration form is attached
4 hereto as Exhibit H.
5 29. Because they did not provide complete and accurate required information on
6 their registration forms, the above-referenced individuals were not “properly registered”
7 with the Secretary of State. Accordingly, all signatures on the Referendum Petition that
8 they collected are invalid and must be disqualified. See A.R.S. §§ 19-118(A)-(B), -
9 121.01(A)(1)(h).
10 Objection No. 4: Signatures Collected Prior to Registration
11 30. Ballot measure circulators who are required to register with the Secretary of
12 State must do so before to collecting any signatures. See A.R.S. § 19-118(A).
13 31. Certain signatures on the Referendum Petition were collected by individuals
14 who were paid circulators of the Referendum Petition but not properly registered with the
15 Secretary of State on the date the signatures were affixed:
16
17 Circulator First Circulator Last Registration
Sheet Number Line(s)
Name Name Date
18 600 1 Kobie Morton 7/21/2017
19 1850 1-3 James McCormick 7/24/2017
1851 1 James McCormick 7/24/2017
20
1864 1-7 Jason Tsinnijinnie 7/18/2017
21 1865 All Jason Tsinnijinnie 7/18/2017
1866 All Jason Tsinnijinnie 7/18/2017
22
1922 13-15 Waliah Shamsiddeen 7/24/2017
23 7215 14 Beryl Baker 7/17/2017
24 7767 All Rochelle Werksman 7/18/2017
8022 1-3 James McCormick 7/24/2017
25 8145 1 Rochelle Werksman 7/18/2017
26 8222 1 Jason Tsinnijinnie 7/18/2017
!
27
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1 32. Certain signatures on the Referendum Petition were collected by individuals
2 who indicated they were volunteers in the face of the petition sheet but who subsequently
3 registered with the Secretary of State as paid circulators of the Referendum Petition.
4 Upon information and belief, these individuals were compensated for the signatures they
5 amassed as ostensible “volunteers”:
6 Circulator First Circulator Last Registration
Sheet Number Line(s)
Name Name Date
7 1355 All Daniel Laurie 7/20/2017
8 2500 All Yashua McDuffie 7/20/2017
3469 1-12 Rochelle Werksman 7/18/2017
9
4972 All Daniel Laurie 7/20/2017
10 5575 1-13 Rochelle Werksman 7/18/2017
6399 All William Stanzer 7/20/2017
11
7806 All Rochelle Werksman 7/18/2017
12 7809 All Rochelle Werksman 7/18/2017
13 7822 All Rochelle Werksman 7/18/2017
7831 All Rochelle Werksman 7/18/2017
14
7835 All Rochelle Werksman 7/18/2017
15 7887 All Rochelle Werksman 7/18/2017
16
7906 1 Rochelle Werksman 7/18/2017
8069 All Rochelle Werksman 7/18/2017
17 8111 All Rochelle Werksman 7/18/2017
18 8661 All Rochelle Werksman 7/18/2017
8664 All Rochelle Werksman 7/18/2017
19 8755 All Rochelle Werksman 7/18/2017
20 8825 All Rochelle Werksman 7/18/2017
9121 All Rochelle Werksman 7/18/2017
21 9122 All Rochelle Werksman1 7/18/2017
22
23 33. Certified copies of the registration forms of circulators Laurie (Exhibit I),
24 McCormick (Exhibit J), Tsinnijinnie (Exhibit K), Shamsiddeen (Exhibit L), McDuffie
25 (Exhibit M), Stanzer (Exhibit N), Werksman (Exhibit O), and Baker (Exhibit P) are
26 attached hereto.
27
1
Ms. Werksman also indicated she was a “volunteer” on a petition sheet (Sheet No. 5004)
28 she ostensibly circulated after registering as a paid circulator with the Secretary of State.
1 34. All signatures collected by the above-referenced individuals before they
2 properly registered as circulators of the Referendum Petition are invalid and must be
3 disqualified. See A.R.S. §§ 19-118(A)-(B), -121.01(A)(1)(h).
4 Objection No. 5: Felony Convictions
5 35. Notwithstanding the location of their residence, all circulators of ballot
6 measure petitions in Arizona must be qualified to register to vote in this state. See A.R.S.
7 § 19-114(A).
8 36. To be eligible to register to vote in Arizona, an individual, inter alia, must
9 not have been convicted of a felony, unless he or she has been restored to civil rights. See
10 A.R.S. § 16-101(A)(5).
11 37. All petition signatures collected by individuals who are not eligible to
12 register to vote in Arizona are void as a matter of law. See A.R.S. § 19-114(A).
13 38. The following circulators of the Referendum Petition have been convicted
14 of a felony offense and, upon information and belief, not fully restored to civil rights:
15 a. On April 16, 2002, Yashua McDuffie was convicted in the Superior
16 Court of Arizona, Maricopa County, of the offenses of attempted aggravated
17 assault and aggravated assault, both of which at the time were Class 6 undesignated
18 felonies under Arizona law. See A.R.S. §§ 13-1001, -1203, -1204.
19 b. On February 5, 2001, Greg Wilson was convicted in the Superior
20 Court of Arizona, Maricopa County, of the offense of misconduct involving a
21 weapon, which at the time was a Class 4 felony under Arizona law. See A.R.S. §§
22 13-3101, -3102.
23 39. Accordingly, all signatures on the Referendum Petition that were collected
24 by the above-referenced individuals are invalid and must be disqualified. See A.R.S. §§
25 19-114(A), 16-101(A)(5).
COUNT I
26
Unregistered or Improperly Registered Circulators
27 (A.R.S. §§ 19-118, -121.01(A)(1)(h))
28
1 40. The Petitioners incorporate by reference the allegations contained in the
2 foregoing paragraphs 1 through 39 as if fully set forth herein.
3 41. All circulators of the Referendum Petition who either reside outside the
4 State or Arizona or who were paid for their signature collection efforts must have been
5 “properly registered” with the Secretary of State prior to circulating the Referendum
6 Petition. See A.R.S. §§ 19-118(A), -121.01(A)(1)(h).
7 42. A proper and complete registration must include, inter alia, (a) the
8 circulator’s full residential address, (b) an Arizona address at which the circulator may be
9 served with legal process, and (c) the circulator’s telephone number. See A.R.S. § 19-
10 118(A), (B)(2); Arizona Secretary of State, PETITION CIRCULATION TRAINING GUIDE (rev.
11 May 2017), at 2.
12 43. The Secretary of State must disqualify all petition sheets circulated by
13 individuals who were required to register but were “not properly registered at the time the
14 petitions were circulated.” A.R.S. § 19-121.01(A)(1)(h).
15 44. The following individuals should have been but were “not properly
16 registered” with the Secretary of State at the time they collected one or more signatures on
17 the Referendum Petition:
18 a. Andrew March
19 b. Beryl Baker
20 c. Richard Berman
21 d. Susan Brachman
22 e. Sally Connelly
23 f. Elvira Din
24 g. Alison Hughes
25 h. Darryl Jackson
26 i. Daniel Laurie
27 j. James McCormick
28 k. Kobie Morton
1 l. Michael O’Connell
2 m. Jadid-Alam Organ
3 n. Jamour Parks
4 o. Waliah Shamsiddeen
5 p. Daniel Snipes
6 q. William Stanzer
7 r. Jason Tsinnijinnie
8 s. Rochelle Werksman
9 t. Riley Williams
10 45. All signatures collected by the above-referenced individuals when not
11 properly registered with the Secretary of State are invalid as a matter of law and must be
12 disqualified.
13 46. “Any person” has legal standing to challenge in this Court the registration of
14 ballot measure petition circulators. See A.R.S. § 19-118(D).
15 47. The inclusion of legally deficient petition sheets and signatures in the
16 Secretary of State’s certification of presumptively valid signatures eligible for verification
17 by the County Recorders pursuant to A.R.S. § 19-121.01(B) will irreparably injure the
18 Petitioners and all qualified electors of the State of Arizona.
19 48. Petitioners lack a plain, speedy and adequate remedy at law to compel the
20 Secretary of State to perform the non-discretionary duties imposed upon her by statute,
21 namely, to disqualify all petition sheets and signatures circulated by individuals who were
22 required to have been, but were not, “properly registered” with the Secretary of State at
23 the time the affected signatures were collected.
24 49. The balance of equities and considerations of public policy support the entry
25 of injunctive relief.
26 COUNT II
Ineligible Registered Circulators
27
(A.R.S. §§ 19-114(A), 19-118, 16-101(A)(5))
28
1 50. The Petitioners incorporate by reference the allegations contained in the
2 foregoing paragraphs 1 through 49 as if fully set forth herein.
3 51. To circulate a ballot measure petition in Arizona, an individual must, aside
4 from residency, otherwise qualify to register to vote in this state. See A.R.S. § 19-114(A).
5 52. An individual is not qualified to register to vote in Arizona if s/he has been
6 convicted of a felony and has not been restored to civil rights. See A.R.S. § 16-101(A)(5).
7 53. All signatures collected by individuals who are not eligible to register to
8 vote in Arizona are “void and shall not be counted in determining the legal sufficiency of
9 the petition.” A.R.S. § 19-114(A).
10 54. Upon information and belief, the following registered circulators of the
11 Referendum Petition were convicted of felony offenses in Arizona and have not been
12 restored to civil rights:
13 a. Yashua McDuffie
14 b. Greg Wilson
15 55. All signatures collected by the above-referenced individuals are invalid as a
16 matter of law and must be disqualified.
17 56. “Any person” has legal standing to challenge in this Court the registration of
18 ballot measure petition circulators. See A.R.S. § 19-118(D).
19 57. The inclusion of legally deficient petition sheets and signatures in the
20 Secretary of State’s certification of presumptively valid signatures eligible for verification
21 by the County Recorders pursuant to A.R.S. § 19-121.01(B) will irreparably injure the
22 Petitioners and all qualified electors of the State of Arizona.
23 58. Petitioners lack a plain, speedy and adequate remedy at law to compel the
24 Secretary of State to perform the non-discretionary duties imposed upon her by statute,
25 namely, to disqualify all petition sheets and signatures circulated by individuals who were
26 not eligible to register to vote in Arizona at the time the affected signatures were
27 collected.
28
1 59. The balance of equities and considerations of public policy support the entry
2 of injunctive relief.
3 DEMAND FOR RELIEF
4 WHEREFORE, the Petitioners demand relief in the following forms:
5 A.! A writ of mandamus and/or an injunction requiring the Respondent to
6 disqualify all signatures on the Referendum Petition that were collected by individuals
7 who were required to have been, but were not, “properly registered” with the Secretary of
8 State at the time the signatures were affixed, including but not limited to all signatures on
9 petition sheets circulated by Andrew March, Richard Berman, Susan Brachman, Sally
10 Connelly, Elvira Din, Alison Hughes, Darryl Jackson, Kobie Morton, Michael O’Connell,
11 Jadid-Alam Organ, Jamour Parks, Daniel Snipes, or Riley Williams; and certain
12 signatures collected by Beryl Baker, Daniel Laurie, James McCormick, Waliah
13 Shamsiddeen, William Stanzer, Jason Tsinnijinnie, or Rochelle Werksman.
14 B.! A writ of mandamus and/or an injunction requiring the Respondent to
15 disqualify all signatures on the Referendum Petition that were collected by individuals
16 who were not qualified to register to vote in Arizona at the time the signatures were
17 affixed, including but not limited to all signatures on petition sheets circulated by Yashua
18 McDuffie or Greg Wilson.
19 C.! An award of reasonable attorneys’ fees and costs against the
20 Respondent and/or the Real Party in Interest pursuant to A.R.S. §§ 19-118(D), 12-348 and
21 -2030, the private attorney general doctrine, and/or other applicable law; and
22 D.! Such other relief as the Court deems necessary, equitable, proper, and
23 just.
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1 DATED this 14th day of August, 2017.
2
STATECRAFT PLLC
3
4 By: /s/Thomas Basile
Kory Langhofer
5 Thomas Basile
649 North Fourth Avenue, First Floor
6 Phoenix, Arizona 85003

7
TIMOTHY A. LA SOTA, PLC
8
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By: Timothy A. La Sota
10 Timothy A. La Sota
2198 East Camelback Rd., Suite 305
11 Phoenix, Arizona 85016
12 Attorneys for Petitioners
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