COPY ry WILENCHIK & BARTNESS ‘nnoiplonlegionton ‘Arvosneys ar Lae “The Whence Bane Bag, 2610 Noch Thiel Sot Phen Aes Tagine 6025062810 Fine 66: Dennis I. Wilenchik, #005350 Lee Miller, #012530 John “Jack” D, Wilenchik, #029353 Davis Bauer, #035529 (handling attorney) Jordan Wolff, #034110 jackw@wb-law.com ‘davish@wb-law.com iordanw(@wb-law.com oan admin@wb-law.com ‘Attorneys for Plaintiff IN THE SUPERIOR COURT OF THE STATE OF ARIZONA IN AND FOR THE COUNTY OF MARICOPA CV 2022-004889 PATRICIA LOWMAN, an individual, | Case No: Plaintiff, | VERIFIED COMPLAINT vs. FOR ELECTION CHALLENGE WARREN LEE MCKAY, real party in interest; STEPHEN RICHER, in his official aed capacity as Maricopa County Recorder; (Challenge of Nomination Petitions and BILL GATES, CLINT HICKMAN, Pursuant to A.R.S. § 16-351) JACK SELLERS, THOMAS GALVIN, and STEVE GALLARDO, in their official capacity as members of the Board of Supervisors for Maricopa County, Defendants. Plaintiff Patricia Lowman (“Plaintiff”), pursuant to A.R.S. § 16-351, hereby challenges the nominating petition(s) filed by Defendant Warren Lee McKay (hereinafter referred to as “Defendant”) with the Maricopa County Recorder’s Office for the position of precinct committeeman in the Republican Party of Arizona. Plaintiff alleges as followsPARTIES, JURISDI 1. Plaintiff is an elector within the meaning of A.R.S. § 16-351. Plaintiff resides in the precinct from which Defendant seeks election and is a proper party to seek injunctive relief. 2. Defendant is a candidate for the position of precinct committeeman in the McCormick Ranch precinct. 3. The members of the Maricopa County Board of Supervisors are named as defendants in their official capacities pursuant to A.R.S. § 16-351(C)(3). The Maricopa County Supervisors are Bill Gates, Clint Hickman, Jack Sellers, Thomas Galvin, and Steve Gallardo. 4, Stephen Richer is the County Recorder for Maricopa County and is named in his official capacity as a defendant in this action pursuant to A.R.S. § 16-351(C)(3). 5. This Court has jurisdiction to hear and determine this Verified Complaint and to grant the requested relief by virtue of Article 6,§ 18 of the Arizona Constitution, ARS. §§ 12-123, 12-1801, 12-2021, 16-351, inter alia. 6. Venue is appropriate pursuant to A.R.S. § 12-401(16), 7. Pursuant to A.R.S. § 16-351(A), this case must be heard within 10 days from its filing. 8 Given the proximity of the ballot printing deadline, Plaintiff does not have a plain, adequate, and speedy remedy at law for the wrongs alleged in this Verified Complaint. GENERAL ALLEGATIONS — CHALLENGE OF NOMINATION PETITION(S) 9. The foregoing allegations are reincorporated as if'set forth herein. 10, Pursuant to ARS. § 16-322(A)(6), the minimum number of valid signatures required for the Defendant’s name to be placed on the ballot for precinct committeeman is ten (10) signatures.Reon 6 7 8 9 10) 16 17, 18) 19) 20] 21 22 23 24 25 26 11. Defendant failed to submit a sufficient number of valid signatures to be placed on the ballot for precinct committeeman. 12. The petition number, line number and basis for challenge for each signature being challenged by Plaintiff is specified in the Exhibit hereto, which is incorporated as if set forth herein. COUNT ONE (Challenge to Petitions under A.R.S. § 16-351, Injunctive Relief) 13. The preceding allegations are reincorporated as if set forth herein. 14. A person must file a sufficient number of valid signatures in order to have their name appear on the ballot as a candidate for an election. 15. For the reasons set forth herein, Defendant failed to file a sufficient number of valid signatures to have his name placed on the ballot. 16. Pursuant to ARS. § 16-312(F), Defendant is also ineligible to run as a write-in candidate. 17. For the foregoing reasons, this Court should permanently enjoin the Defendant public officers from allowing Defendant’s name to appear on the ballot for precinct committeeman, and from allowing Defendant to run as a write-in candidate for the same office. 18. In the event of a trial on this matter, Plaintiff requests that the Defendant public officers provide testimony and other evidence pursuant to A.R.S. § 16-351(E). PRAYER FOR RELIEF WHEREFORE, Plaintiff requests the following relief: ‘A. That the Court enter an order finding that Defendant has failed to file a sufficient number of valid signatures to have Defendant’s name placed on the ballot for precinct committeeman;WILENGuik « Baferness B. That the Court enter an order enjoining the public officer defendants from placing Defendant’s name on the ballot for precinct committeeman, and from allowing Defendant to run as a write-in candidate for the same office; and C. That the Court award Plaintiffs attorneys’ fees and costs incurred in this action under any applicable rule or statute, including but not limited to an award of taxable costs under A.R.S. § 12-341 and post-judgment interest thereon at the applicable legal rate under A.R.S. § 44-1201; D. That the Court make findings of fact and conclusions of law upon any trial of the matter; and E. For such other and further relief that the Court may deem proper in the circumstances. RESPECTFULLY SUBMITTED this April 18, 2022. WILENCHIK & BARTNESS, P.C. Dennis I. WilehehiK. Esq. Lee Miller, Esq. John “Jack” D. Wilenchik, Esq. Davis Bauer, Esq. (handling attorney) Jordan Wolff, Esq 2810 North Third Street Phoenix, AL 85004 admin@whb-law.com Attorneys for Plaintiff ORIGINAL of the foregoing filed with the Clerk of the Court on April 18, 2022. By MW WWI DocuSign Envelope ID: 281F /ADS.65EE-4FZE-9050-D034ASSEDF2 Wann 6 Bayes i 12 13; 14 15, 16] 17] 18, 19) 20) 21 22) 23 24 25] 26) VERIFICATION (Rule 80(i), Ariz.R.Civ.P.) I declare as follows: 1am represented by the law firm of Wilenchik & Bartness, P.C. in this matter. I have read the foregoing Verified Complaint for Elections Challenge, and the statements made therein are true and correct to the best of my knowledge, information, and belief. I declare under penalty of perjury that the foregoing is true and correct. 4/18/2022 EXECUTED on: sae (GaSe By: Patricia LowmanExhibit A Candidate Petition Signature Challenge for: Candidate: McKay, Warren Lee Candidate Stated Address: 8070 E Via Del Valle, Scottsdale, AZ 85258 Office Sought: Precinct Committeeman, McCormick Ranch Precinet Petition Page Number: 1 Petition Line Number(s): 4 Issue: Not A Registered Voter at this Address