Kannarr v. Hardy

575 P.2d 1250, 118 Ariz. 224, 1978 Ariz. LEXIS 186
CourtArizona Supreme Court
DecidedFebruary 28, 1978
DocketNo. 13365
StatusPublished
Cited by2 cases

This text of 575 P.2d 1250 (Kannarr v. Hardy) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Kannarr v. Hardy, 575 P.2d 1250, 118 Ariz. 224, 1978 Ariz. LEXIS 186 (Ark. 1978).

Opinions

HAYS, Justice.

This is a special action brought by the Libertarian Party of Arizona and John [225]*225Kannarr, a qualified elector of this state and an elected member of the State Central Committee of the Libertarian Party of Arizona.

The principal issue raised by petitioners in the petition for special action was, what did the legislature intend by the term “total votes cast” in A.R.S. § 16-201 which requires that a political party must receive 5% of the “total votes cast” to remain on the official ballot for state officers.

The facts necessary for a determination of this matter are as follows. Pursuant to A.R.S. § 16-202, the Libertarian Party obtained sufficient signatures to be represented by an official party ballot at the Primary Election of 1976. In that election, the Libertarian Party nominated two candidates for State Representative, two candidates for State Senate, and one candidate for the Corporation Commission.

In December, 1976, the Libertarian Party filed in the Superior Court of Maricopa County, a complaint for declaratory judgment pursuant to A.R.S. § 12-1831 requesting that the court rule that the Libertarian Party is a recognized political party in Arizona and is entitled to receive the benefits of such official status. Motions for summary judgment were filed by all parties. The trial court denied the Libertarian Party’s motion for summary judgment and granted that of the defendants. This special action followed. We took jurisdiction because we deem it a matter of statewide importance which should be decided sufficiently in advance of the next election.

Having obtained party representation by way of A.R.S. § 16-202, the statutes require that the new party must receive a certain percentage of the votes cast in the general election in order to retain the status of an official political party:

“A political organization which at the last preceding general election cast for its candidates for state office, or for any county, city or town office, not less than five per cent of the total votes cast in the state or in such county, city or town, is entitled to representation as a political party on the official ballot for state officers, or for officers of such county or local subdivision.” A.R.S. § 16-201 (emphasis added).

For the purpose of this statute, state legislators, corporation commissioners and state mine inspector are state officers. A.R.S. § 16-301(C). These were the officers on the ballot in the 1976 General Election.

Statutes requiring a showing of a minimum amount of support for a political party before allowing the party to have or continue official status on the ballot have been upheld:

“There is surely an important state interest in requiring some preliminary showing of a significant modicum of support before printing the name of a political organization’s candidate on the ballot— the interest, if no other, in avoiding confusion, deception, and even frustration of the democratic process at the general election.” Jenness v. Fortson, 403 U.S. 431, 442, 91 S.Ct. 1970, 1976, 29 L.Ed.2d 554, 562 (1971). See also Storer v. Brown, 415 U.S. 724, 94 S.Ct. 1274, 39 L.Ed.2d 714 (1974); People’s Constitutional Party v. Evans, 83 N.M. 303, 491 P.2d 520 (1971); Christian Nationalist Party v. Jordan, 49 Cal.2d 448, 318 P.2d 473, 70 A.L.R.2d 1153 (1957).

We have no trouble with the statutory requirement which requires that before a new party may be represented on the ballot, it obtain signatures of electors equal to 2% of the total vote cast for governor at the last election, A.R.S. § 16-202, or 3% of the vote cast for county attorney at the last election, A.R.S. § 16-203. Neither do we find unreasonable the requirement that having petitioned to get on the ballot a new party must demonstrate in the general election a “significant modicum of support” by receiving 5% of the votes cast.

The ingenuity of the human mind is aptly demonstrated by the variety of interpretations which have been placed upon the words “not less than five per cent of the total votes cast” in the parties’ pleadings. We find no ambiguity in those words, however. It has nothing to do with the number [226]*226of ballots cast, nor with the total votes cast for candidates of a particular party in a limited number of specific races. According to defendants’ exhibit 1, the secretary of state’s official canvass of the returns for the November 2, 1976 General Election, a total of three million, eighty-nine thousand, two hundred and five (3,089,205) votes were cast for state officers.

As indicated by A.R.S. § 16-201, the “total votes cast” applies to “candidates for state office” as applied to the issue before us. We therefore did not consider the votes cast for presidential electors, United States Senator or United States Representative in arriving at our total above. Although judges are elected state officers, whether under merit selection or not, Carter v. Commission on Qualifications of Judicial Appointments, 14 Cal.2d 179, 93 P.2d 140 (1939), we did not include votes cast for judicial offices because they were not included under party designation and had no party implications. The same reasoning was applied to exclude the votes cast for propositions on the ballot, including the fact that they do not fall within the language of the statute, i. e., “votes cast for its candidates.”

The votes cast for the Libertarian Party candidates totaled 42,915. As we previously indicated, they fielded two candidates for the House of Representatives, two candidates for the Senate, and one candidate for the Corporation Commission. In order to comply with the statute, A.R.S. § 16-201, the Libertarian Party needed not less than 154,460 votes cast for its candidates for state office (not less than 5% of 3,089,205). As the canvass indicates, their candidates received 1.4% of the votes cast which is not enough to accord them automatic party status.

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Cite This Page — Counsel Stack

Bluebook (online)
575 P.2d 1250, 118 Ariz. 224, 1978 Ariz. LEXIS 186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kannarr-v-hardy-ariz-1978.