Ross v. BennettAnnotate this Case
Citizens for a Better Arizona (CBA) filed a recall petition with Secretary of State Ken Bennett seeking to recall State Senator Russell Pearce. After determining that the petition contained more signatures than required, Secretary Bennett filed the petition with the Governor's office. Governor Janice Brewer then ordered a special election for the recall of State Senator Russell Pearce. Six days later, Franklin Ross, a District 18 elector, filed suit to enjoin the recall election, alleging that the recall petition failed to meet constitutional and statutory requirements. The superior court refused to enjoin the election. The Supreme Court affirmed, holding that CBA's petition for the recall of Senator Pearce substantially complied with the constitutional and statutory requirements, including the requirements that the circulators of the petition subscribe to an oath that the signatures are genuine and that the petition contain a general statement of the grounds for recall.