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Staci Burk v. Doug Ducey, Governor of Arizona, et al.

Paid petition · Supreme Court of Arizona, No. CV-20-0349-AP/EL · judgment January 6, 2021

Certiorari denied · May 3, 2021
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. Did the Arizona Supreme Court violate Petitioner’s right to Equal Protection when it denied remand for an evidentiary hearing of Petitioner’s constitutional claims of vote denial through the cancellation of her registration, while registrations of unqualified people remained, and those votes were counted?

  2. Did the Arizona Supreme Court violate stare decisis because its 2021 opinion contradicted its 2010 opinion involving the same Petitioner regarding whether she met the definition of “elector” to bring an election challenge, even though neither her voter registration status nor the statutory definition of “elector” had changed?

  3. Did the court clerk’s admittedly improper rejection of Petitioner’s verification filed on December 7, 2020, constitute plain error?

  4. Did the Court violate Petitioner’s First Amendment rights to petition for redress and Due Process by considering her illegally cancelled voter registration where she had not been given an opportunity for an evidentiary hearing to present evidence regarding her attempts to reinstate it?

Counsel of record

For petitioner
Staci Burk

For respondent
Brett William Johnson
Snell & Wilmer, L.L.P.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 03 2021
    Petition DENIED.
  2. Apr 14 2021
    DISTRIBUTED for Conference of 4/30/2021.
  3. Apr 08 2021
    Waiver of right of respondent Ducey, Gov. of AZ, et al. to respond filed.
  4. Mar 03 2021
    Petition for a writ of certiorari filed. (Response due April 9, 2021)