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A.R.S. § 19-208.04

Judicial review of actions by county recorder

Applied in 3 court decisions — leading case Johnson v. Maehling (1979)

Most recently applied in Thomas P. Morrissey v. Logan Stan Garner (April 2020)

How often courts cite this section

1979199020002010202010
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

A. If the county recorder fails to comply with the provisions of section 19-208.02, any elector may apply, within ten calendar days after such refusal, to the superior court for a writ of mandamus to compel him to do so. If the court finds that the county recorder has not complied with the provisions of section 19-208.02, the court shall issue an order for the county recorder to comply.

B. If an elector wishes to challenge the number of signatures certified by the county recorder under the provisions of section 19-208.02, he shall, within ten calendar days after the receiving officer has notified the governor and the county recorders of the number of certified signatures received by him, commence an action in the superior court for a determination thereon. The action shall be advanced on the calendar and heard and decided by the court as soon as possible. Either party may appeal to the supreme court within ten calendar days after judgment.

C. An action filed in the superior court under the provisions of this section against a county recorder shall be filed in the county of such county recorder, except that when any such action involves more than one county recorder such action shall be filed in Maricopa county.

Official source: Arizona State Legislature. Reproduced from public-domain Arizona statutes; confirm against the official source for the current text. Not legal advice.