Ross v. Bennett - 228 Ariz. 174, 265 P.3d 356 (2011)

Rule:

To be eligible for certification, recall petitions must substantially comply with the constitutional and statutory framework.

Facts:

The recall petition stated that the signers wanted to recall the senator for his failure to focus on issues that concerned them. The circulator of each petition signed an affidavit that he or she believed that each signer's name and residence address or post office address had been correctly stated and that each signer was a qualified elector of the state of Arizona.

Issue:

Was there substantial compliance on the circulators end? 

Answer:

Yes.

Conclusion:

The court reaffirmed the applicability of the substantial compliance standard set forth in the case law and held that the recall petition substantially complied with the constitutional and statutory requirements. Ariz. Const. art. 8, pt. 1, § 2 did not require any particular form of oath as to the genuineness of the signatures. There was no evidence of fraud by circulators.