Legal Opinion

Huggins v. Superior Court

Arizona Supreme Court

Decided February 15, 1990No. CV-88-0413-SAPublishedCited by 6 opinions

1Opinion of the Court

NOEL FIDEL, Vice Chief Judge,

Court of Appeals.

In a contested primary election decided by an eight vote margin, sixteen illegal votes were cast. The loser claims in this petition for special action that the election must be set aside because one cannot know which of the candidates received the highest number of legal votes. We have taken jurisdiction to reexamine the law that governs elections when illegal votes exceed the margin of victory.

FACTS

In the 1988 primary election for Navajo County Attorney, petitioner Bret H. Huggins narrowly lost the Democratic Party nomination to real party in…

2Cases cited16 opinions

  1. Tyson & Brother v. BantonSupreme Court of the United States · 1927
  2. Missouri, Kansas & Texas Railway Co. v. MaySupreme Court of the United States · 1904
  3. Morgan v. Board of Sup'rsArizona Supreme Court · 1948
  4. Fischer v. StoutAlaska Supreme Court · 1987
  5. Grounds v. LaweArizona Supreme Court · 1948

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3Cited by6 opinions

  1. Gunaji v. MacIasNew Mexico Supreme Court · 2001
  2. Nageak v. MallottAlaska Supreme Court · 2018
  3. Sherman v. City of TempeCourt of Appeals of Arizona · 2001
  4. Alley Cat Allies Incorporated v. Berkeley County Animal Control and County Council of Berkeley CountyWest Virginia Supreme Court · 2024
  5. Daniel Lachance, Henry Stephen Conroy v. County of Cochise Cochise County Jail DistrictCourt of Appeals of Arizona · 2024

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