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Brett W.
Johnson
( 021527)Colin
Ahler
( 023879)Andrew Sniegowski
( 03
1664)
Lindsav
Shori' ( 03
4l'
25)SNELL
& WIIMER
L.L.P.
One
Arizona
Center
400
E.
Van Buren, Suite
1900
Phoenix,
Arizona
85004-2202
T
602382.6000
com
E.Attorneys
forMARICOPA COLINTY REPUBLICANPARTY, APACHE
CpI-]NTY
_^
REPUBLICAN PARTY,
NAVAJO
COUNTV
REPUBLICAN
PARTY,
and
YUMA
COUNTY
REPUBLICANPARTY,
'
Plaintiff,
V.
IN THE
SUPERIOR COURT
OF
THE
STATE
OF
ARIZONAIN AND
FOR
THE
COLINTY
OF
MARICOPA
No.
MOTION
FOR
TEMPORARYRESTRAINING
ORDER AND
NNOTTON
FOR ORDER SETTING
HEARING
ON
PRELIMINARYINJUNCTION
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as
Pinal
Countv
Recorder;
SUZANNESAINZ,
in
herbff,rcial
capacìty-as Santa
Cruz
Countv
Recorder;
LESLIE M.HOFFMAÑ,
in
her
official
capacity-
as
Yavaoai Countv
Recorder;
ROBYN
srAilwoRTil
POUQUETTE, in
her
official
capacity
as
Yuma
CountY
Recorder,Defendants.
Under
Ariz.
R. Civ.
P.
65(d),
Plaintiffs
the Maricopa
Republican Party,
Apache
County Republican Party,
Navajo
County Republican Party,
and
Yuma
County Republican
party
(the
,,County parties"
or
"Plaintiffs")
hereby move
this Court for
the
issuance
of:
1.
A
Temporary
Restraining
Order
("TRO")
prohibiting
Defendants
MicheleReagan,
the
State's
County
Recorders,
in
their
official
capacities,
and
their
officers,
managers, agents,
Servants,
affiliates,
employees,
and
attorneys,
and those persons
in
active
concert
or participation
with
them
from
implementing
and
enforcing
disparate deadlines
before
which
a
voter
may rehabilitate his or her
facially invalid
early ballot
in
connection
with
the
November
6,2018,
general election;
2.
An
Order
to
Set
Hearing
on
Preliminary
Injunction ("Order")
providing
defendants
Michele
Reagan
and
the
State's
County
Recorders,
in their
official
capacities,
with
notice
of
the date
and
time
of
the hearing
on
Plaintiffs'
Application
for
a
Preliminary
Injunction
as
to
why
a
preliminary injunction
should
not be
issuçd
in
the
same
force
and
effect
as
the
Temporary Restraining Order'This
Motion
is
supported
by
the
following
Memorandum
of
Points
and
Authorities
and
the
complaint
for Injunctive
and
Declaratory Relief.
MEMO
RANDUM
OF
POINTS AN
D
AUTHO
S
I.
FACTUAL
BACKGROUND
A.
The General Election
and Processing
of Provisional Ballots'
This action
seeks
to
ensure
that
Arizona
voters
are
provided
an equal
opportunity to
vote
in
the
form
of
uniform
deadlines
by which to
rehabilitate
their facially
invalid
early
2
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262728
ballots in
connection
with
November
6,2018
general
election.
,See
A.R.S.
$
16-211'
An
Arizona
elector
may
cast
an
early
ballot,
either
by mail or
in-person
at
various
sites
throughout every county.
see
Ariz.
Rev. stat. $$
16-541,
-542.
A
batlot returned
by
mail
may be
processed
only
if
the signature on
the
accompanying
affidavit
matches thesignature on
file
in
the
putative
voter's
registration record.
See
Ariz.Rev.
Stat. $
16-550(A)'
County
elections
off,rcials
must
conduct
the
signature
verification
immediately..[u]pon receipt,, of
the
ballot,
íd.
andall
issued
early ballots must
be
received
and processed
by
the
county recorders' offices
no later than 7:00pm on
Election
Day' íd'
$
16-551(C)'
In
the
case
of
discrepant
signatures,
the
county
Recorder
o'may
attempt to
contact the
voter
toascertain
whether
the
voter
actually
voted
the
early
ballot
and
any
reasons
why
the
signatures
may not match," but
only
"[i]f
time
permits'" Atiz'
Sec'y
of
State'
ELECTION
PROCEDURES
MANIIAL
(2014)
at
166'
On
information
and
beliet
however, certain County
Recorders-specifically
those
of
Maricopa
and
pima
Counties-will
allow
voters
to
cure
non-compliant
early ballots
for
a
period
of
five
days
afterElection
Day,
a
contingency that
finds
no statutory authorization
and
threatens
to
beget an
extended
period
of
confusion and
uncertainty
following
the
election.
The remaining
county
Recorders,
on
information
and
belief,
terminate a voter's
ability
to
rehabilitate
anearly
baltot
at7:00 p.m.
on
Election Day.
In
implementing
and
enforcing
disparate deadlines
by which
to rehabilitate facially
defective ballots, the
county
Recorders
are
subverting the statutory framework
securing
the
uniform
administration
of
statewide elections
and
imperiling voters' right
to
the
equal
protection of the
laws,
regardless
of
the
county in which they
reside'
II.
LEGAL
ARGUMENTA plaintiff
is entitled
to
a
preliminary injunction
when he
establishes
"1)
A
strong
likelihood
that
he
will
succeed
at
trial
on
the
merits;
2) The
possibility of
irreparable
injury
to him
not
remediable
by
damages
if
the
requested
relief
is not
granted; 3)
A
balance
of
hardships
favors himserf;
and
4)
pubric poricy
favors the
injunction."
shoen v. shoen,
167
a
J