IN THE SUPREME COURT FOR THE STATE OF ARIZONA
DAVID YETMAN, SANDRA SPANGLER, ARLENE LEAF, DAVID MORGAN, DAVID HENRY CROTEAU, SHAUN McCLUSKY, and TED DOWNING, QUALIFIED VOTERS IN CONGRESSIONAL DISTRICT 2 ON THEIR OWN BEHALF AND ON BEHALF OF ALL ARIZONA VOTERS, Petitioners, vs.
SUPREME COURT NO.
KEN BENNETT, ARIZONA SECRETARY OF STATE, Respondent.
REQUEST FOR INTERLOCUTORY STAY
RISNER & GRAHAM WILLIAM J. RISNER State Bar Number 002257 Pima County Bar Number 48228 100 North Stone Avenue, Suite 901 Tucson, Arizona 85701-1526 Telephone: (520) 622-7494 Facsimile: (520) 624-5583 Email:
[email protected]
Pursuant to Rule 5, Rules of Procedure for Special Actions, petitioners request entry of an interlocutory stay in the above-entitled matter, to prevent the Secretary of State from proceeding with an election recount which plaintiffs allege violates state law, for the following reasons: 1.
The petition raises very important issues concerning mandatory
statutory requirements for the recount of the votes in a congressional district. 2.
The recount process has not begun.
3.
The issues raised in the petition are primarily legal. Any factual
dispute can be readily resolved on the pleadings. 4.
This is the first occasion these issues have been before this court.
RESPECTFULLY SUBMITTED this 1ST day of December, 2014. RISNER & GRAHAM /s/ William J. Risner ___________________________________ William J. Risner Attorney for Appellant Copy of this mailed/ faxed/ emailed to: The Honorable Ken Bennett Secretary of State 1700 W. Washington St. Fl. 7 Phoenix, AZ 85007
[email protected]
Michele Forney, Esq. Office of the Attorney General 1275 West Washington Phoenix, AZ 85007
[email protected]
