ALP Inc. v. BOARD OF SUPR'S OF COCHISE COUNTY

• Decision Date: 23 June 2003
• Docket Number: No. 2 CA-CV 2002-0174.,2 CA-CV 2002-0174.
• Citation: ALP Inc. v. BOARD OF SUPR'S OF COCHISE COUNTY, 70 P.3d 1146, 205 Ariz. 345 (Ariz. App. 2003)
• Parties: ARIZONA LIBERTARIAN PARTY, INC., George Squyres, John Siegel, Lyle Schnitzler, and Stephen Nekolek, Plaintiffs/Appellees, v. BOARD OF SUPERVISORS OF COCHISE COUNTY and Board of Supervisors of Coconino County, Defendants/Appellants.
• Court: Arizona Court of Appeals

70 P.3d 1146

205 Ariz. 345

ARIZONA LIBERTARIAN PARTY, INC., George Squyres, John Siegel, Lyle Schnitzler, and Stephen Nekolek, Plaintiffs/Appellees, v. BOARD OF SUPERVISORS OF COCHISE COUNTY and Board of Supervisors of Coconino County, Defendants/Appellants.

No. -0174.

Court of Appeals of Arizona, Division 2, Department A.

June 23, 2003.

David T. Hardy, Tucson, for Plaintiffs/Appellants.

Chris M. Roll, Cochise County Attorney, By John A. MacKinnon, Bisbee, for Defendant/Appellee Board of Supervisors of Cochise County.

Terence C. Hance, Coconino County Attorney, By Jean E. Wilcox, Flagstaff, for Defendant/Appellee Board of Supervisors of Coconino County.

OPINION

HOWARD, J.

¶ 1 Appellant Arizona Libertarian Party, Inc.,¹ (ALP) is entitled "to representation as a political party on the official ballot for state officers." A.R.S. § 16-804(A). But ALP is not entitled to continued representation on ballots for election of county officers in either Cochise or Coconino county. ALP requested that appellees the Cochise County Board of Supervisors and the Coconino County Board of Supervisors (the counties) list certain members of ALP as candidates for precinct committeemen on the 2002 primary election ballot.² The counties refused. ALP then filed this special action, requesting that the counties be required to list its candidates. The superior court accepted jurisdiction but entered judgment denying relief. This appeal followed. Because ALP is entitled to continued representation on the ballot for state officers, and because the governing statutes require political parties with continued state representation to elect their precinct committeemen in the state primary election, we reverse the judgment and remand the case.

¶ 2 When a judgment entered in a special action proceeding initiated in superior court is appealed to this court, we first determine whether the superior court accepted jurisdiction and decided the merits of the claim; if so, we then review the superior court's decision on those merits to determine whether it abused its discretion in granting or denying relief. Files v. Bernal, 200 Ariz. 64, ¶ 2, 22 P.3d 57, ¶ 2 (App.2001). But, when "the superior court's ruling hinged on pure issues of law, we review its legal conclusions de novo." Norgord v. State ex rel. Berning, 201 Ariz. 228, ¶ 4, 33 P.3d 1166, ¶ 4 (App.2001).

¶ 3 Both sides agree that the claims as to the 2002 election are moot, but ALP requests that we decide this matter because the issue is of statewide interest; is likely to recur in future elections; and, due to the short time frame allowed for applying for ballot listing, could evade appellate review. We agree and, in our discretion, decide the legal issue presented. See State v. Roscoe, 184 Ariz. 484, 502, 910 P.2d 635, 653 (1996). Although both sides frame the issue slightly differently, the basic issue before us is whether the legislature, in enacting A.R.S. § 16-821, intended that parties such as ALP, which are entitled to continued state representation but not continued county representation in the counties, have their candidates for county precinct committeemen listed on the primary ballot.³

¶ 4 "Our primary goal in interpreting statutes is to discern and give effect to legislative intent." Hobson v. Mid-Century Ins. Co., 199 Ariz. 525, ¶ 8, 19 P.3d 1241, ¶ 8 (App. 2001). "We first consider the language of the statute and, if it is unclear, turn to other factors, including `the statute's context, subject matter, historical background, effects, consequences, spirit, and purpose."' Norgord, 201 Ariz. 228, ¶ 7, 33 P.3d 1166, ¶ 7, quoting Hobson, 199 Ariz. 525, ¶ 8, 19 P.3d 1241, ¶ 8.

¶ 5 Section 16-821(A) provides for the election of precinct committeemen for parties entitled to continued representation:

At the primary election the members of a political party entitled to representation pursuant to § 16-804 residing in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters .... The whole number of precinct committeemen of a political party shall constitute the county committee of the party.

Section 16-804, which specifies when a party is entitled to continued representation, states in part:

A. A political organization that at the last preceding general election cast for governor or presidential electors or for county attorney or for mayor, whichever applies, not less than five per cent of the total votes cast for governor or presidential electors, 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.

B. In lieu of subsection A, a political organization is entitled to continued representation as a political party on the official ballot for state, county, city or town officers if, on November 1 of the year immediately preceding the year in which the general election for state or county officers and for city or town officers one hundred fifty-five days immediately preceding the primary election in such jurisdiction, such party has registered electors in the party equal to at least two-thirds of one per cent of the total registered electors in such jurisdiction.

¶ 6 Both sides agree that § 16-804 creates three levels of representation: state, county, and local or municipal. But see Van Arsdell v. Shumway, 165 Ariz. 289, 293, 798 P.2d 1298, 1302 (1990) (recognizing "county, district and precinct" and "state" as the "two levels" of government offices in Arizona). Section 16-821 does not differentiate between parties entitled to continued state representation and parties entitled to continued county or local representation under § 16-804. ALP notes that it is "entitled to representation pursuant to § 16-804" and asserts that, under the plain language of § 16-821, therefore, it is entitled and required to elect its precinct committeemen pursuant to that statute. As the counties point out, however, parties entitled to representation in a single municipality would also be "entitled to representation under § 16-804." Therefore, looking only at the plain language of the statute, such a party would be allowed to use the procedure in § 16-821 for electing precinct committeemen statewide. Neither side seriously contends the legislature intended that parties entitled to continued local representation be allowed to elect its precinct committeemen statewide through § 16-821, but such an interpretation reveals an inherent ambiguity within the statute. We therefore turn to the context, subject matter, historical background, effects, consequences, spirit, and purpose of § 16-821 to determine its meaning. See Norgord.

¶ 7 Examining the context of the statute, both sides attempt to clarify the ambiguity by analyzing whether a precinct committeeman holds a state or county office for purposes of § 16-804(A). The counties claim that a precinct committeeman holds a county office and that, therefore, only political parties entitled to continued representation on the county ballot should have candidates for precinct committeemen listed on the ballot. ALP, on the other hand, counters that a precinct committeeman holds a state office and that, therefore, political parties entitled to continued state representation should be listed on the ballot.

¶ 8 Both sides point out, however, that a precinct committeeman is neither a state nor a county officer in the usual sense. A precinct committeeman serves the interests of his or her political party and is not a public officer at all. See A.R.S. § 16-822(C). Accordingly, the office of precinct committeeman does not fit within the category of "state officer" or "county officer" under § 16-804, and this analysis fails to resolve the issue presented here. We must therefore further examine the context and purpose of § 16-821. See Norgord.

¶ 9 ALP argues that, construing the Arizona election system as a whole, the intent of the legislature was that the precinct committeemen of a party entitled to continued state representation be elected pursuant to a statewide system. It asserts that, because the precinct committeemen elect the state committee members, who then act on behalf of its members on statewide issues, it should be allowed to utilize the statewide system in each county.

¶ 10 As ALP notes, the party state committee is formed from the party county committees:

The state committee of each party shall consist, in addition to the chairman of the several county committees, of one member of the county committee for every three members of the county committee elected pursuant to § 16-821. The state committeemen shall be chosen at the first meeting of the county committee from the committee's elected membership.

A.R.S. § 16-825. It makes sense that a political party entitled to continued state representation for the election of state officers would be allowed to have a state committee drawn from the entire state. This statute requires that the party have one member of the state committee for every three county committee members "elected pursuant to § 16-821." Thus, the legislature has created a structure for the state committee that requires that county committee members be elected pursuant to § 16-821. The county committee is composed of precinct committeemen. § 16-821(A). Therefore, the precinct committeemen must be elected pursuant to § 16-821 in order for this system to function cohesively. Section 16-825 then provides a strong indication that the legislature intended that the precinct committeemen of a party entitled to continued state representation be elected pursuant to § 16-821.

¶ 11 At oral argument, the counties argued that § 16-825 restricts the membership of ALP's state committee to precinct committeemen from counties in which ALP has continuing status, namely Maricopa and Pima....