In election cases that by Arizona statute are expedited, the Arizona Supreme Court may issue a decision with an opinion to follow. In cases that are remanded, in particular, jurisdiction is not revested in the Superior Court until a mandate is issued, which only occurs 15 days after an opinion is issued. Therefore, the Superior Court has no legal jurisdiction to act on a decision with opinion to follow until 15 days after the opinion is issued, which largely defeats the purpose of issuing a quick decision with an opinion to follow. A Superior Court judge may choose to act prior to issuance of the mandate, but jurisdiction is unclear. Therefore, this proposal is to add a new subsection (f) to Rule 24 and a new sentence to Rule 22, ARCAP, as follows:

Rule 22. Add new sentence to subsection (c): In an election matter designated by statute for expedited appellate review governed by Rule 10, if the Arizona Supreme Court issues a decision and order with an opinion to follow, the 15 day time period starts on the date of the decision and order.

Rule 24. Add new subsection (f):
(f) In an election matter designated by statute for expedited appellate review governed by Rule 10, if the Arizona Supreme Court issues a decision and order with an opinion to follow, a mandate will be issued 15 days after the decision and order, subject to the filing of a motion for reconsideration under Rule 22. A party may request the Arizona Supreme Court to accelerate issuance of the mandate for good cause.

Jeffrey Gross
Berry Riddell
6750 E. Camelback Rd. #100
Scottsdale, AZ 85251
480-682-3921
[email protected]

Filed September 8, 2023

Would amend ARCAP 22 and 24 to provide, among other things, that if the Supreme Court issues a decision and order with opinion to follow in an election subject expedited review, the mandate will issue 15 days after the decision and order.

Comments must be submitted by no later than Wednesday, May 1, 2024, and any reply by a petitioner must be submitted no later than Monday, June 3, 2024.