SUPREME COURT OF ARIZONA BRANCH, et al., ) ) Plaintiffs/Appellants, ) ) v. ) ) KIM OWENS, et al., ) ) Defendants/Appellees. ) ) __________________________________) Arizona Supreme Court No. CV-20-0134-AP/EL Maricopa County Superior Court No. CV2020-004881 FILED 05/14/2020 DECISION ORDER The Court, by a panel consisting of Justice Gould, Justice Lopez, Justice Beene, and Justice Montgomery has considered the briefs of the parties, the trial court’s minute entry order, and the relevant statutes and case law in this expedited election matter.1 The Court rules as follows: IT IS ORDERED reversing the trial court. “We uphold a trial court's findings of fact unless clearly erroneous as not either ‘supported by reasonable evidence or based on a reasonable conflict of evidence.’” Moreno v. Jones, 213 Ariz. 94, 98 (2006)(citation omitted). Here the trial court erred in finding that the candidate had rehabilitated a sufficient number of signatures to remain on the ballot. The signatures 1 only that evidence were offered invalidated by Owens because to the rehabilitate the signer not was Justice Bolick has recused himself from participating in this matter. Arizona Supreme Court Case No. CV-20-0134-AP/EL Page 2 of 3 registered to vote was the “GOP Data Center” records. failed to make the Data Center records records offered or received into evidence. However, Owens available, nor were the Additionally, there was no testimony establishing that either the Data Center records or Owen’s testimony about the records constituted reliable, competent evidence for the court to consider. Accordingly, there was no reasonable evidence to support the trial court’s finding that the candidate rehabilitated a sufficient number of signatures to remain on the ballot. IT IS FURTHER ORDERED that the defendant/appellee County Boards of Supervisors and County Recorders shall remove Kim Owens from the Republican ballot for the office of the corporation commission for the August 4, 2020 primary election. The requested injunction is granted. DATED this 14th day of May, 2020. _______/S/_____________________ ANDREW GOULD Duty Justice Arizona Supreme Court Case No. CV-20-0134-AP/EL Page 3 of 3 TO: Timothy A LaSota James E Barton II Jacqueline Soto Dennis I Wilenchik John D Wilenchik David J Cantelme D Aaron Brown Nancy M Bonnell Kara Karlson Dustin D Romney Joseph Eugene La Rue Emily M Craiger Britt W Hanson Christine Roberts Rose Winkeler Mark D Byrnes Jefferson R Dalton Jeremy O Ford Chase Walter McCormies Garet Kartchner Ryan Henry Esplin Tony Rogers Ryan Norton Dooley Jason S Moore Daniel S Jurkowitz Scott Matthew Johnson George E Silva Kimberly J Hunley Thomas M Stoxen Matthew Black William J Kerekes Hon. Timothy J Thomason Hon. Jeff Fine Aaron Nash Alicia Moffatt