SUPREME COURT 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,

) Arizona Supreme Court

) No. CV-14-0319-SA
)
)
)
)
)
)
Petitioners,)
)
v.
)
)
KEN BENNETT, ARIZONA SECRETARY
)
OF STATE,
)
)
Respondent. )
)
__________________________________) FILED 12/02/2014
O R D E R
The Court has received and considered Petitioners Special
Action Petition for Writ of Mandamus, Request for Interlocutory Stay,
Request for Oral Argument, Martha McSallys Motion to Intervene, and
Martha McSallys Preliminary Response in Opposition to the Special
Action Petition for Writ of Mandamus and her Response in Opposition
to Petitioners Request for Interlocutory Stay.
The duty justice also held a telephonic conference concerning
the Request for Interlocutory Stay on December 2, 2014. Participants
were William Risner for the Petitioners and Assistant Attorney
General Michele Forney for Secretary of State Ken Bennett.
Also
attending were Secretary Bennett; Brett Johnson, Eric Spencer, and
Sara Agne for potential Intervenor Martha McSally; Deputy Cochise
County Attorneys Britt Hanson and Elda Orduo for Cochise County; Dan
Barr and Andrew Gaona for candidate Ron Barber; and Court staff.
Having considered the relevant law, the pleadings filed, and the
information communicated in the conference call,
IT IS ORDERED denying the Request for Interlocutory Stay.
After consideration by the full Court,
IT IS FURTHER ORDERED dismissing the Special Action Petition for

Arizona Supreme Court No. CV-14-0319-SA

Page 2
Writ of Mandamus pursuant to Rule 7(b), Rules of Procedure for
Special Actions, without prejudice to pursue the claims and legal
issues in the superior court.
IT IS FURTHER ORDERED denying as moot Petitioners Request for
Oral Argument and Martha McSallys Motion to Intervene.
DATED this 2nd day of December, 2014.

______________________________
Ann A. Scott Timmer
Duty Justice

Arizona Supreme Court No. CV-14-0319-SA

Page 3
TO:
William J. Risner
Michele L. Forney
Brett W. Johnson
Eric H. Spencer
Sara J. Agne