Rasean Clayton v. Kanye West ( 2021 )


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  •                                  IN THE
    SUPREME COURT OF THE STATE OF ARIZONA
    IN DIVISION
    RASEAN CLAYTON,
    Plaintiff/Appellee,
    v.
    KANYE WEST, ET AL.
    Defendants/Appellants.
    No. CV-20-0249-AP/EL
    June 24, 2021
    Appeal from the Superior Court in Maricopa County
    The Honorable M. Scott McCoy, Judge
    No. CV2020-010553
    AFFIRMED
    COUNSEL:
    Mary R. O'Grady, Joseph N. Roth, Joshua D. Bendor, Osborn Maledon P.A.,
    Phoenix, Attorneys for Rasean Clayton
    Timothy J. Berg, Keith Miller, Fennemore Craig, P.C., Phoenix; and Timothy
    A. La Sota, Timothy A. La Sota, PLC, Phoenix, Attorneys for Kanye West,
    Donald Anglin, Kristin Anglin, Kelli Whitehead, Brittani Quale, William
    Quale, Rachel Wallace-Sassarini, Patrick Wallace-Sassarini, Keith Gilbert,
    Marilyn Tuck, Michele Vrabel, and Mark Renberg
    Mark Brnovich, Arizona Attorney General, Kara M. Karlson, Assistant
    Attorney General, Phoenix, Attorneys for Katie Hobbs, in her official
    capacity as Arizona Secretary of State
    Michael B. Whiting, Apache County Attorney, Joseph D. Young, Chief
    Deputy County Attorney, St. Johns, Attorneys for Larry Noble, in his
    official capacity as Apache County Recorder, and Apache County Board of
    Supervisors
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    Brian M. McIntyre, Cochise County Attorney, Christine J. Roberts, Deputy
    County Attorney, Bisbee, Attorneys for David W. Stevens, in his official
    capacity as Cochise County Recorder, and Cochise County Board of
    Supervisors
    William P. Ring, Coconino County Attorney, Rose Winkeler, Deputy
    County Attorney, Flagstaff, Attorneys for Patty Hansen, in her official
    capacity as Coconino County Recorder, and Coconino County Board of
    Supervisors
    Bradley D. Beauchamp, Gila County Attorney, Jefferson R. Dalton, Deputy
    County Attorney, Civil Bureau Chief, Globe, Attorneys for Sadie Jo
    Bingham, in her official capacity as Gila County Recorder, and Gila County
    Board of Supervisors
    Scott Bennett, Graham County Attorney, Safford, Attorney for Wendy John,
    in her official capacity as Graham County Recorder, and Graham County
    Board of Supervisors
    Jeremy O. Ford, Greenlee County Attorney, Clifton, Attorney for Sharie
    Milheiro, in her official capacity as Greenlee County Recorder, and
    Greenlee County Board of Supervisors
    Tony Rogers, La Paz County Attorney, Ryan N. Dooley, Chief Deputy
    County Attorney, Parker, Attorneys for Richard Garcia, in his official
    capacity as La Paz County Recorder, and La Paz County Board of
    Supervisors
    Allister Adel, Maricopa County Attorney, Joseph E. La Rue, Andrea
    Cummings, Deputy County Attorneys, Phoenix, Attorneys for Stephen
    Richer, in his official capacity as Maricopa County Recorder, and Maricopa
    County Board of Supervisors
    Matthew J. Smith, Mohave County Attorney, Ryan H. Esplin, Deputy Civil
    County Attorney, Kingman, Attorneys for Kristi Blair, in her official
    capacity as Mohave County Recorder, and Mohave County Board of
    Supervisors
    2
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    Brad Carlyon, Navajo County Attorney, Jason S. Moore, Deputy County
    Attorney, Holbrook, Attorneys for Michael Sample, in his official capacity
    as Navajo County Recorder, and Navajo County Board of Supervisors
    Laura Winsky Conover, Pima County Attorney, Daniel Jurkowitz, Deputy
    County Attorney, Tucson, Attorneys for Gabriella Cázares-Kelly, in her
    official capacity as Pima County Recorder, and Pima County Board of
    Supervisors
    Kent Volkmer, Pinal County Attorney, Craig Cameron, Scott M. Johnson,
    Allen Quist, Deputy County Attorneys, Florence, Attorneys for Virginia
    Ross, in her official capacity as Pinal County Recorder, and Pinal County
    Board of Supervisors
    George E. Silva, Santa Cruz County Attorney, Kimberly J. Hunley, Chief
    Civil Deputy County Attorney, Nogales, Attorneys for Suzanne “Suzie”
    Sainz, in her official capacity as Santa Cruz County Recorder, and Santa
    Cruz County Board of Supervisors
    Sheila Polk, Yavapai County Attorney, Matthew Black, Deputy County
    Attorney, Prescott, Attorneys for Leslie M. Hoffman, in her official capacity
    as Yavapai County Recorder, and Yavapai County Board of Supervisors
    Jon R. Smith, Yuma County Attorney, William J. Kerekes, Chief Civil
    Deputy County Attorney, Yuma, Attorneys for Robyn Stallworth
    Pouquette, in her official capacity as Yuma County Recorder, and Yuma
    County Board of Supervisors
    JUSTICE MONTGOMERY authored the opinion of the Court, in which,
    VICE CHIEF JUSTICE TIMMER and JUSTICES BOLICK and LOPEZ joined.
    JUSTICE MONTGOMERY, opinion of the Court:
    ¶1            Rasean Clayton filed an application for a temporary and
    permanent injunction seeking to enjoin Kanye West and his presidential
    electors from appearing on the general election ballot for president in 2020.
    ¶2            The trial court granted Clayton’s application, and West and
    his electors appealed to this Court. Sitting in division, we found that the
    presidential electors had failed to file the statement of interest required by
    3
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    A.R.S. § 16-341(I). Consequently, the nomination petition signatures
    submitted on their behalf were invalid, leaving West unable to qualify for
    the ballot. We issued a decision order affirming the trial court’s ruling and
    enjoining the Secretary of State (“the Secretary”), county boards of
    supervisors, and county recorders from placing West and the electors on
    the ballot for the November 3, 2020, general election and stated an opinion
    would follow. This is that opinion, which sets forth our reasons.
    I.
    ¶3            Kanye West announced his intention to run for President of
    the United States in July 2020 and sought to qualify for the ballot in Arizona
    as an independent candidate. West was required to provide the Secretary
    with a letter designating the names of his vice-presidential running mate
    and his eleven presidential electors, a statement signed by each consenting
    to their designation, and a nomination paper on behalf of each elector.
    § 16-341(J). Additionally, the electors were required to submit nomination
    petitions containing the requisite number of signatures to qualify for the
    ballot. A.R.S. § 16-341(C),(E), (F).
    ¶4            On August 24, paid circulators on behalf of West registered
    with the Secretary’s office and began circulating nomination petitions. On
    August 31, Clayton, a resident and qualified elector of Arizona, filed a
    complaint for declaratory and injunctive relief to prevent West and his
    electors from appearing on the ballot.         Clayton alleged two major
    deficiencies with West’s effort. First, as registered Republicans, neither
    West nor ten of his eleven electors could meet the requirements of
    § 16-341(A) to appear on the ballot. Second, none of the electors had filed
    the statement of interest required by § 16-341(I) before the circulation of
    nomination petitions, rendering all signatures collected invalid and subject
    to challenge.
    ¶5           On September 2, West submitted his initial filing to the
    Secretary, which included the letter designating his vice-presidential
    candidate and eleven electors along with their signatures consenting to the
    designation and their respective nomination papers. West also submitted
    nomination petitions with 57,892 signatures for the electors and provided
    notice that an additional 90,000 signatures would be filed by the
    September 4 deadline, far more than the requisite 39,039 signatures.
    4
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    ¶6             The superior court heard argument on Clayton’s application
    for temporary and permanent injunctive relief on September 3. The court
    considered the likelihood of Clayton succeeding on the merits, the
    possibility of irreparable injury if the court did not grant the injunction, the
    balance of hardships, and whether public policy favored the requested
    relief.
    ¶7             With respect to the merits, the court focused on the fact that
    § 16-341(A) is limited to “[a]ny qualified elector who is not a registered
    member of a political party that is recognized pursuant to this title . . . .”
    (Emphasis added).        Because West was a registered member of the
    Republican Party in Wyoming, the court concluded he was therefore a
    registered member of a recognized political party and thereby prohibited
    from qualifying for the ballot as an independent candidate under § 16-341.
    Accordingly, the court found Clayton had “a significant probability of
    success on the merits.” The court also noted, without elaboration, that
    “[t]he status of his presidential electors, too, is problematic.”
    ¶8             The court further found that Clayton had demonstrated the
    possibility of irreparable injury given the pending ballot printing deadline
    and the risk of a disqualified candidate appearing on the ballot. While
    finding public policy “cut both ways,” the court ultimately concluded that
    the balance of hardships favored Clayton and entered an order enjoining
    the Secretary and county boards of supervisors from placing West and his
    electors on the ballot for the general election. Additionally, the court
    enjoined the Secretary from accepting nomination petitions for West’s
    presidential electors that were “not preceded by statements of interest from
    those electors.”
    ¶9            West appealed directly to this Court. We have jurisdiction
    pursuant to article 6, section 5(6) of the Arizona Constitution and A.R.S.
    § 16-351(A).
    II.
    ¶10            “We review a trial court’s grant of an injunction for an abuse
    of discretion,” Cheatham v. DiCiccio, 
    240 Ariz. 314
    , 317–18 ¶ 8 (2016), and
    we review issues of statutory interpretation de novo, State v. Christian, 
    205 Ariz. 64
    , 66 ¶ 6 (2003).
    5
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    A.
    ¶11           We affirmed the trial court because the electors failed to
    qualify for the ballot and not because § 16-341(A) precluded West’s
    candidacy.      Planned Parenthood Ariz., Inc. v. Am. Ass'n of Pro-Life
    Obstetricians & Gynecologists, 
    227 Ariz. 262
    , 270 ¶ 16 (App. 2011) (“[W]e are
    obliged to affirm the trial court’s ruling if the result was legally correct for
    any reason.” (quoting Gen. Elec. Cap. Corp. v. Osterkamp, 
    172 Ariz. 191
    , 193
    (App. 1992))). Section 16-341(A) provides that “[a]ny qualified elector
    who is not a registered member of a political party that is recognized
    pursuant to this title may be nominated as a candidate for public office
    otherwise than by primary election or by party committee pursuant to this
    section.” This provision applies to independent presidential candidates
    only if they are considered as “candidate[s] for public office” under this
    provision.
    ¶12            We interpret “candidate for public office” in context. See
    State of the Netherlands v. MD Helicopters, Inc., 
    250 Ariz. 235
    , 238 ¶ 8 (2020).
    Section 16-341(A) is directed to “any qualified elector” who, in turn, is “[a]
    person who is qualified to register to vote pursuant to § 16-101 and who is
    properly registered to vote . . . .” A.R.S. § 16-121(A). To register to vote,
    a person must be a resident of Arizona. A.R.S. § 16-101(A). Thus,
    § 16-341(A) applies only to Arizona registered voters. But our statutes do
    not reflect an intent to limit qualifying for the ballot as an independent
    presidential candidate to just Arizona residents.               Adopting that
    interpretation would have the absurd result of precluding an independent
    presidential candidate from an Arizona ballot who qualified to appear on
    the ballot in other states. See France v. Indust. Comm’n of Ariz., ___ Ariz.
    ___, ___ ¶ 13, 
    481 P.3d 1162
    , 1165 (2021) (“[We] avoid construing a statute
    in a manner that leads to an absurd result.”). Instead, in the case of
    nominating an independent candidate for president, we interpret the
    “public office” referenced in § 16-341(A) to be the office of presidential
    elector, which avoids this absurdity and renders the provision inapplicable
    to West.
    ¶13           The process by which a candidate for president is chosen
    manifests this interpretation. Although voters mark their ballot for the
    presidential candidate of their choice, that actually serves “as a vote for each
    elector in the bracketed list next to the presidential and vice-presidential
    6
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    candidates.” A.R.S. § 16-507(B). 1 Thus, § 16-341(A) necessarily applies
    to the elector and not the candidate himself in the context of an independent
    candidacy for president.
    B.
    ¶14           Although § 16-341(A) presents no obstacle to West’s efforts to
    qualify for the ballot, the same cannot be said for § 16-341(I), which
    disqualified his electors. Section 16-341(I) requires candidates for office
    pursuant to § 16-341, such as presidential electors as discussed above, to file
    statements of interest that contains their names; their political party, if any;
    and the names of the office they seek “[n]ot later than the date of the first
    petition signature on a nomination petition.” Further, “any nomination
    petition signatures collected before the date the statement of interest is filed
    are invalid and subject to challenge.” Id. (Emphasis added).
    ¶15           Nothing in the record established that any of the electors ever
    filed a statement of interest. The signatures filed on September 2 were
    therefore invalid. § 16-341(I). Absent the number of required signatures,
    West’s electors failed to timely file nomination petitions to qualify for the
    ballot. § 16-341(K). Thus, West did not present the Secretary with the
    requisite number of qualified electors for placement on the ballot.
    § 16-341(J).
    C.
    ¶16            West nonetheless argued that the exemption created by
    § 16-341(I)(3), which provides that the statement of interest requirement
    does not apply to “[c]andidates for president or vice president of the United
    States,” must also apply to his presidential electors. According to West,
    the exemption has no “force” if it applies to candidates and not their
    electors because it is the electors who collect signatures and who will
    appear on the ballot.       We are unpersuaded by West’s proffered
    interpretation.
    ¶17        “When the text is clear and unambiguous, we apply the plain
    meaning and our inquiry ends.” Butler L. Firm, PLC v. Higgins, 
    243 Ariz. 1
     Electors then cast their electoral college votes for the candidate for
    president and the candidate for vice president who jointly received the
    highest number of votes. A.R.S. § 16-212(B); U.S. Const. amend. XII
    (prescribing process by which electors cast votes for president and vice-
    president).
    7
    RASEAN CLAYTON v. KANYE WEST, ET AL.
    Opinion of the Court
    456, 459 ¶ 7 (2018) (quoting State v. Burbey, 
    243 Ariz. 145
    , 147 ¶ 7 (2017)).
    The exemptions from § 16-341(I)’s requirement to file a statement of interest
    are explicitly limited to candidates for elected office for special taxing
    districts established pursuant to specified chapters of Title 48, candidates
    for precinct committeeman, and, as mentioned, candidates for president or
    vice president. § 16-341(I)(1)–(3). The same statement of interest filing
    requirement, and its exceptions, apply equally to candidates for public
    office seeking nomination in a partisan primary or nonpartisan election and
    candidates for president or vice president of the United States.
    § 16-311(H). Presidential electors are not exempt from filing the statement
    of interest as required by § 16-341(I).
    III.
    ¶18            Given the dispositive effect of West’s electors’ failure to
    qualify for the ballot, we do not address his other arguments regarding the
    process for challenging nomination petitions, naming indispensable
    parties, and the application of laches to plaintiffs. We affirm the trial
    court’s order.
    8
    

Document Info

Docket Number: CV-20-0249-AP-EL

Filed Date: 6/24/2021

Precedential Status: Precedential

Modified Date: 6/24/2021