Timothy A La Sota, SBN 020539 TIMOTHY A. LA SOTA, PLC PHOENIX, ARIZONA 85016 TELEPHONE: (602) 515?2649 Attorney for Piaz'ntyj? CHRIS DERUSE [Hart-i at the Suaariur [law ?as (trans Halaana DEPUTY Data amazing Tiaa Kai-1M2 Daacrit-tian ram Email Ema-0095.2? manna 333.8: mm nanaai SUPERIOR COURT OF ARIZONA MARICOPA COUNTY BRENT BACKUS, individually, Plaintiff, vs. DONALD SHOOTER, individually, Real Party in Interest; ADRIAN FONTES, in his of?cial capacity as Maricopa County Recorder; DENNY BARNEY, in his of?cial capacity as Maricopa County Supervisor, CLINT HICKMAN, in his of?cial capacity as Maricopa County Supervisor, BILL GATES, in his of?cial capacity as Maricopa County Supervisor, STEVE CHUCRI, in his of?cial capacity as Maricopa County Supervisor, STEVE GALLARDO, in his of?cial capacity as Maricopa County Supervisor; MARTIN PORCHAS, in his of?cial capacity as Yuma County Supervisor, DARREN SIMMONS, in his of?cial capacity as Yuma County Supervisor, LYNNE PANCRAZI, in her of?cial capacity as Yuma County Supervisor, RUSSELL MCCLOUD, in his of?cial capacity as Yuma County Supervisor, MARCO A. REYES, in his of?cial capacity as Yuma County Supervisor, ROBYN STALLWORTH POUQUETTE, in her of?cial capacity as Yuma County Recorder, LESLIE M. HOFFMAN, in her of?cial capacity as Yavapai County Recorder, CRAIG BROWN, in his of?cial capacity as Yavapai County Supervisor, RANDY GARRISON, in his of?cial capacity as Yavapai County Supervisor, ROWLE P. SIMMONS, 201 8-008621 No. COMPLAINT FOR SPECIAL RELIEF (challenge to nomination petition Pursuant to A.R.S. 16-35 his official capacity as Yavapai County Supervisor, a public entity; JACK R. SMITH, in his official capacity as Yavapai County Supervisor, THOMAS THURMAN, in his official capacity as Yavapai County Supervisor, LESLIE M. HOFFMAN, in here official capacity as Yavapai County Recorder, and MICHELE REAGAN, in her official capacity as Arizona Secretary of State, Defendants. BRENT BACKUS by and through attorneys undersigned, for his Complaint for Special Action state and allege as follows: PARTIES. JURISDICTION, AND VENUE 1. Plaintiff is a- resident and qualified elector of Legislative District 13 in Arizona. 2. As an elector of Legislative District 13, Plaintiff has the legal right to maintain this action under A.R.S. 16-351. 3. Defendant DONALD SHOOTER is a Republican Party candidate for Legislative District 13 for the state Senate for the primary election of August 28, 2018. 4. District 13 has parts of three counties in it??Maricopa, Yavapai, and Yuma. 5. Defendant ADRIAN FONTES is the County Recorder of Maricopa County, Arizona, and is being sued in his official capacity. Along with the Maricopa County Board of Supervisors, it is his responsibility to print the ballots for the 2018 primary election for Maricopa County. 6. Defendants DENNY BARNEY, STEVE CHUCRI, CLINT HICKMAN, BILL GATES, AND STEVE GALLARDO make up the MARICOPA COUNTY BOARD OF SUPERVISORS, which is the governing body for the MariCOpa County, Arizona, and are being sued in their official capacity. Along with the County Recorder, it is the Board?s responsibility to print the ballots for Maricopa County for the 2018 primary election. 7. Defendant ROBYN STALLWORTH POUQUETTE is the County Recorder of Yuma County, Arizona, and is being sued in her official capacity. Along with the Yuma County Board of Supervisors, it is her responsibility to print the ballots for the 2018 primary election for Yuma County. 8. Defendants MARTIN PORCHAS, DARREN SIMMONS, LYNNE PANCRAZI, RUSSELL MCCLOUD, and MARCO A. REYES make up the Yuma County Board of Supervisors, which is the governing body for the Yuma County, Arizona, and are being sued in their official capacity. Along with the County Recorder, it is the Board?s responsibility to print the ballots for Yuma County for the 2018 primary election. - 9. Defendant LESLIE M. HOFFMAN is the County Recorder of Yavapai County, Arizona, and is being sued in her official capacity. Along with the Yavapai County Board of Supervisors, it is her responsibility to print the ballots for the 2018 primary election for Yavapai County. acumen-10. Defendants CRAIG BROWN, RANDY GARRISON, ROWLE P. SIMMONS, JACK R. SMITH, and THOMAS THURMAN make up the Yavapai County Board of Supervisors, which is the governing body for the Yavapai County, Arizona, and are being sued in their official capacity. Along with the County Recorder, it is the Board?s responsibility to print the ballots for Yavapai County for the 2018 primary election. 11. Defendant MICHELE REAGAN is the Arizona Secretary of State and has the responsibility of receiving and filing nomination papers and petitions from legislative candidates. She is being sued in her official capacity. 12. This Court has jurisdiction over this action under A.R.S. 16-351 and A.R.S. 12?123, the Arizona Constitution, Article VI, 14, and Rule 3 of the Arizona Rules of Procedure for Special Actions, Rule 13. Defendants have caused events to occur in Maricopa County, Arizona out of which Plaintiff?s claims arise. l4. Venue is proper in this Court under A.R.S. 12-401. COUNT ONE: DEFENDANT SHOOTER IS NOT QUALIFIED TO BE A CANDIDATE FOR SENATE IN LEGISLATIVE DISTRICT 13 BECAUSE HE DOES NOT RESIDE IN LEGISLATIVE DISTRICT 13 15. Under A.R.S. 16-35 '1 (B), ?[a]ny elector may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including . . .residency. . 16. Article VII, Section 15 of the Arizona Constitution provides that ?Every person elected or appointed to any elective of?ce of trust or pro?t under the authority of the state, or any political division or any municipality thereof, shall be a qualified elector of the political division or municipality in which such person shall be elected.? 17. Article IV, Part 2, Section 2 of the Arizona Constitution provides that ?No person shall be a member of the Legislature unless he. have been a resident of Arizona at least three years and of the county from which he is elected at least one year before his election.? 18. At the time the Arizona Constitution was enacted, Senators and Representatives were elected at large within their county. See Article 4 Part 2 Section 1, Ariz. Const., historical notes. That system has been changed to a district system, and under the Arizona Constitution, a person who has not been a resident of his or her district for at least one year prior to his or her election is not eligible. Article 4, Part 2, Sections 1 and 2, Ariz. Const. 19. Under A.R.S. ?[t]he place where a person?s family permanently resides is his residence, unless he is separated from his 20. Under A.R.S. a person has a family residing in one place and he does business in another, the former is his place of residence. . 433-021. Upon information and belief, Mr. Shooter?s family resides at a 2,660 square foot house on 5620 N. Street in Phoenix (?the Shooter Residence?) that is not in legislative district 13. 22. The Shooter Residence is owned by Mr. Shooter and the Shooter Family Trust. (Exhibits 1 and 2). 23. The Shooter Residence is claimed as a for property tax purpose, according to the Maricopa County Assessor. (Exhibit 3). 24. The Shooter Residence was purchased in 2015 and Defendant Shooter?s wife, Susan Shooter took possession of it as her sole and separate property. (Exhibit 4). At that time, Defendant Shooter disclaimed any interest in it. (Exhibit 5). 25. In November of 20 17, this property was conveyed by Mrs. Shooter to herself and Defendant Shooter. (Exhibit 1). Subsequently, Mrs. Shooter attempted a partially ineffective conveyance of the property to the Shooter Family Trust. (Exhibit 2). The conveyance was partially ineffective because she no longer owned the Shooter Residence as sole and separate property. 26. Mr. Shooter was expelled from his seat in the Arizona House of Representatives on ebruary 1, 2018. 27. On April 30, 2018, both Mr. and Mrs. Shooter registered to vote at the Shooter Residence. (Exhibit 6). register to vote, a person must ?swear or af?rm that the above information [required on the form to register] is true.? (Exhibit 7). Part of the information required is ?Address where you live.? (Exhibit 7)(Emphasis in original). 29. One must swear or affirm that the information provided is true whether one uses the paper form to register or re-register, or does so online through Service Arizona. 30. Mr. Shooter owns no real property in Yuma, but claims to reside at an apartment in Yuma at 2901 S. Palo Verde Lane, #44. (Exhibit 8). 31. Mr. Shooter is not a resident of legislative district 13. 32. Mr. Shooter was not a resident of legislative district 13 for a period of one year prior to what would be his election were he to be elected. 33. Mr. Shooter is not eligible for state Senate in district 13 under Arizona law and he cannot have his name printed on the ballot. A.R.S. and 16-593; Ariz. Const. Article IV, Part 2, Sections 1 and 2, Article VII, Sections 15. Prayer for Relief WHEREFORE, Plaintiff prays for a judgment against Defendants as follows: A. For a declaration from this Court that Mr. Shooter is ineligible to have his name printed on the 2018 primary election ballot. B. For an order enjoining the Maricopa County Board of Supervisors and Maricopa County Recorder Adrian Fontes, the Yavapai County Board of Supervisors and Yavapai County Recorder Leslie Hoffman, and the Yuma County Board of Supervisors and Yuma County Recorder Robyn Stallworth Pouquette, and Arizona Secretary of State Michele Reagan ??om printing Mr. Shooter?s name on the 2018 primary election ballot. C. For an award of taxable costs under A.R.S. 12-341. D. For any other such relief as this Court deems fair and just. E. For Findings of Fact and Conclusions of law. RESPECTFULLY SUBMITTED June 8, 2018. A. LA sgA, PLC mu W7 24 $575 Timothy A. If? Sota, SBN 020539 2198 East Camelback Road, Suite 305 Phoenix, Arizona 85016 Telephone: (602) 515-2649 131112111: i a. i tail?sa?iazt . ?CU-rt it Attorney for Plaintiij By: 2 5:13:53: 32 Ho; After Recording Return to: Mail Tax Statements To: Susan Shooter and Donald Shooter 5620 North 22nd Street Phoenix, AZ 85016 Property Tax lDii: 16447-040 Order RESE-AZ9226 WARRANTY DEED [Exemption Cod ff? I MADE this arm, 2017. by and between SUSAN SHOOTER a married woman as her sole and separate property, hereby known as the Grantor. does hereby convey and warrants to SUSAN SHOOTER and DONALD SHOOTER, wife and husband. hereby known as the Grantees. whose address is 5620 North 22116 Street, Phoenix. AZ 85016. that said Grantor, for in consideration of the sum of TEN and 00! 100 ($10.00) DOLLARS. hereby convey to Grantees the following real property, and warrant the title against all persons whomsoever: SEE COMPLETE LEGAL ATTACHED AS EXHIBIT A APN 16447-040 Commonly known as: 5620 North 22nd Street. Phoenix, AZ 85016 TOGETHER WITH all and singular, the right, members. hereditaments. and appurtenances belonging to or in any manner incident or appertaining to the described preperty; to have and to hold all and singular the premises mentioned, to Grantees, Grantees? heirs and assigns forever. And we bind ourselves, our heirs. executors. and administrators, to warrant and forever defend all and singular the premises to Grantees. Grantees? heirs and assigns, against myself and my heirs, and against every person whomever law?rlly claiming or to claim the described property, or any part of the proPerty. Page 1 of 3 20170859996 IN WITNESS WHEREOF. Grantor has hereunto set a hand and seal the day and year ?rst written above. ANSI-100 STATE OF COUNTY OF foregoing instrument was hereby acknowledged be day of I 7 meorwhohas - Notary Public My commission expires: i - - mum? "3 No title - - -- - I - preparer of this deed makes no representation as to the stems of the title our property use or any zoning regulations concerning described property herein conveyed nor any matter except the validity of the form of this instrument. Information herein was provided to preparer by and [or their agents; no boundary survey was made at the time of this conveyance Prepared By: Curphey 8.: Badger PA 25400 US Hwy 19 North. Suite 236 Ciearwater. Florida 33763 Page 2 of 3 20170859996 Exhibit A THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE MARICOPA, STATE OF ARIZONA, AND IS DESCRIBED AS LL LOT 40, OF GROVEMONT, ACCORDING TO THE PLAT OF RECORD IN THE OFFICE OF THE COUNTY RECORDER OF MARICOPA COUNTY, ARIZONA, RECORDED IN BOOK 64 OF MAPS, PAGE 46. Parcel ID: [64-47-040 Commonly known as 5620 North 22nd Street, Phoenix, AZ 85016 However, by showing this address no additional coverage is provided EXHI IT 2?=Document 10! Ho: SPACE ABOVE THIS LINE FOR USE AFTER RECORDING, MAIL TO: MAIL TAX STATEMENTS TO: PREPARED BY and RECORDING REQUESTED BY Susan L. Shooter, as Trustee Susan L. Shooter, as Trustee MARK C. N0. 81733 5620 N. 22nd Street 5620 N. 22nd Street 1220 N. Spencer, Suite 100 Phoenix, AZ 35016 Phoenix, AZ 85016 Mesa, Arizona 85203 WARRANTY DEED FOR GOOD AND VALUABLE CONSIDERATION, I, SUSAN SHOOTER, 21 Married Woman, as Her Solo and Separate Property, the GRANTOR, Whose mailing address is 5620 N. 22nd Street, Phoenix, AZ 85016; DO HEREBY CONVEY TO: SUSAN L. SHOOTER, as of THE SHOOTER FAMILY TRUST, UIA dated NOV 1 5 2017 2017, the GRANTEE, Whose mailing address is 5620 N. 22nd Street, Phoenix, AZ 85016; All of THE FOLLOWING described real property located in the County of Maricopa, State of Arizona: Lot 40, of according to the plat of record in the office of the County Recorder of Maricopa County, Arizona, recorded in Book 64 of Maps, Page 46. Site Address: 5620 N. 22nd Street, Phoenix, AZ Assessor?s Parcel Number: 16447-040 EXEMPT: per A.R.S. NOTE: Pursuant to A.R.S. 33-404, the names and addresses of the bene?ciaries of the Grantee Trust are attached hereto in EXHIBIT and by this reference made a part hereof. SUBJECT TO current taxes and other assessments, reservations in patents and all easements, rights-of- way, encumbrances, liens, covenants, conditions, restrictions, obligations and liabilities as may appear of record, the GRANTOR does hereby bind herself to warrant and defend the title as against all acts of the GRANTOR herein and no other. The then-acting Trustee has the power and authority to encumber or otherwise to manage and dispose of the hereinabove described rcaiPIoperty; including, but not limited to, the power to convey. v! WITNESS my hand mis?t day of on .2017. SUSAN SHOOTER STATE OF ARIZONA COUNTY OF MARICOPA i 85' On this Ji?d?ay of 2017, before me personally appeared SUSAN SHOOTER, whose identity was proven to me on the basis of satisfactory evidence be the pe on who she claims to be, and acknowledged that she signed the abovelattached doc KEITH LOBRY I Notary Pinto - ants otai'tzom NOT MARICOPA COUNTY My Cotlnnisator. Expires Esprit 20. 2019 20170866775 EXHIBIT 0F BENEFICIARIES NAME ADDRESS 1. Susan L. Shooter 5620 N. 22nd Street, Phaenix, AZ 85016 . 164?47-040 Residential Parcel This is a residential Parcel located at and the current owner is SHOOTER FAMILY DONALD. It is located ii the ('irovcmont subdivision and MCR 6446. Its current year full cash value is $483,500. Property Information 5:31: 3 ?trgin-f 1 5.33 4. F. 15.x. 2' L. n? 1 la;- MCR Description: GROVIEMONT Lei/Long Lot Size 1 1,56l sq ll. Zoning Lot 40 High School District PHOENIX UNION #210 - Elementary School District MADISON SCHOOL DISTRICT Local Jurisdiction PHOENIX 15 2N 313 Market Area/Neighborhood 05/022 Subdivision (53 Parcels) Owner Information Mailing Address 5620 22ND l?l-lOENlX, AZ 85016 Deed Number Last Deed Date 1 ?211201 7 Sale Date 11/21 Sale Price n/a Valuation Information We provide valuation for the past 5 years. For mobile display, valuation information. Should you need more data, please look at our 0 only show 1 year of The Valuation Information displayed below may not re?ect the taxable value used on the tax bill due to any special valuation relief programti]: ?g Tax Year 2019 l?lill C3311 Value Limited $464,949 Property Value Legal Class 3 PRIMARY Descr?pm? RESIDENCE Assessment I 0% R3110 Assessed CV n/a Assessed LPV $46,495 . . l?iopelty Use 014] Code PU Single Family Description Residence Tax Area Code 381300 Valuation Notice Source 2018 $465,600 $442,809 3 PRIMARY RliiSl I) ENCE 10% n/a $44,28 1 0141 Single Family Residence 381300 Notice isif901. i?f r5" 1; 1.782017 $456,800 $42 1 ,723 3 PRIMARY RESIDENCE 10% n/a $42,172 0141 Single Family Residence 381300 Notice 2016 $433,100 $401,641 3 PRIMARY RESIDENCE 10% n/a $40, 1 64 0141 Single Family Residence 381300 Notice 2015 $436,500 $382,515 3 PRIMARY DENCE 10% n/a $38,252 0141 Single Family Residence 381300 Resolution Additional Property Information Additional residential property data. Construction Year 1960 Weighted Age 1966 Improvement Quality (Above average) Pool Yes Living Area 2,660 sq ft. Patio(s) 2 Covered Slab (Covered: 0 Uncovered: 2) Exterior Wall Type 8" Painted Block Roof Type Asphalt Shingle Bath Fixtures 9 Garage Stalls Carport Stalls 2 off i Ci a I RECORDING REQUESTED BY 2 0 Magnus Title Agency AND WHEN RECORDED MAIL TO: 4 0 SUSAN SHOOTER Yo 5620 NORTH 22ND STREET PHOENIX, AZ 85016 ESCROW NO: 04053398 757 JCS SPACE ABOVE THIS LINE FOR USE Disclaimer Deed EXEMPT ARS 11-1134 WITNESSETH HIS DISCLAIMER DEED, made by DONALD M. SHOOTER, Husband ofSusan Shooter hereinafter called "the undersigned" to SUSAN SHOOTER, wife of Donald M. Shooter hereinafter called "the spouse;" WHEREAS: 1. The spouse has acquired title to the following described property situated in Marieopa County, State of ARIZONA, to~ wit: Lot 40, of GROVEMONT, according to the plat of record in the of?ce of the County Recorder of Maricopa County, Arizona, recorded in Book 64 of Maps, Page 46. 2. The property above described is the sole and separate property of the spouse having been purchased with separate funds of the spouse. 3. The undersigned has no present right, titie, interest, claim or lieu of any kind or nature whatsoever in, to or against said property. This instrument shall also constitute a waiver, by the undersigned, in favor of any mortgagee, deed of trust bene?ciary or deed of trust trustee of any right to file a declaration or claim of homestead affecting the above described property. 4. This instrument is executed not for the purpose of making a gift to the spouse, but solely for the purpose of clearly showing of record that the undersigned has and claims no interest in and to said property, the undersigned expecting third persons to rely on this disciaimer. NOW, THEREFORE, in consideration of the premises, the undersigned does hereby disclaim, remise, release and quitclailn unto the spouse and to the heirs and assigns of said spouse forever, all right, title, interest, claim and demand which the undersigned might appear to have in and to the above described property. Page i of 2 20150469722 Dated this 06/05/2201 Donald M. Shooter State of ARIZONA }ss: County of Maricopa on SUM {Lot before me, The Undersianed a Notary Public in and for said County and State, personally appeared Donald M. Shooter personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/slie/they executed the same in his/her/their authorized capacity?es), and that by hislherltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act eXecuted the instrument. WITNESS my hand and offi 'al 563! Signature Page 2 of 2 . FOR NOTARY SEAL OR STAMP JON L. CHRIST i: Notary Pubtic Arizona M'?copl County Exam 11/201201: DDEEDOI RECORDING REQUESTED BY Magnus Title Agency AND WHEN RECORDED MAIL TO: SUSAN SHOOTER 5620 NORTH ZZND STREET PHOENIX, AZ 85016 ESCROW NO: 04053398 - 757 - C5 official 20 OCU hi 40 Yo SPACE ABOVE LINE FOR USE Disclaimer Deed EXEMPT ARS 11-1134 B-3 WITNESSETH THIS DISCLAIMER DEED, made by DONALD M. SHOOTER, Husband of Susan Shooter hereinafter called "the undersigned" to SUSAN SHOOTER, wife of Donald M. Shooter hereinafter called "the spouse;" WHEREAS: l. The spouse has acquired title to the following described property situated in Marieopa County, State of ARIZONA, to- wit: Lot 40, of GROVEMONT, according to the plat of record in the office of the County Recorder of Marieopa County, Arizona, recorded in Book 64 of Maps, Page 46. 2. The property above described is the sole and separate property of the spouse having been-purchased with separate funds of the spouse. 3. The undersigned has no present right, title, interest, claim or iien of any kind or nature whatsoever in, to or against said property. This instrument shall also constitute a waiver, by the undersigned, in favor of any mortgagee, deed of trust bene?ciary or deed of trust trustee of any right to ?le a declaration or claim of homestead affecting the above described property. 4. This instrument is executed not for the purpose of making a gift to the spouse, but solely for the purpose of clearly showing of record that the undersigned has and claims no interest in and to said preperty, the undersigned expecting third persons to rely on this disclaimer. NOW, THEREFORE, in consideration of the premises, the undersigned does hereby disclaim, remise, release and quitclaim unto the spouse and to the heirs and assigns of said spouse forever, all right, title, interest, claim and demand which the undersigned might appear to have in and to the above described property. Page 1 of 2 DDEEDOI 20150469722 Dated this 06/05/201 Donald M. Shooter State of ARIZONA }ss: County of Marieopa On Tum 1747/9: f? before me, The Undersigned a Notary Public in and for said County and State, personally appeared Donald M. Shooter personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herftheir authorized capacity(ies), and that by his/herltheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) act executed the instrument. WITNESS my hand and of? 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