Feldmeier v. Watson

In Feldmeier v. Watson, 211 Ariz. 444, 123 P.3d 180 (2005), the Yavapai County Superior Court had found a petition legally insufficient because the petition's accompanying affidavits did not verify that the petition signers were qualified electors of the City of Prescott. 211 Ariz. 444, PP 3-4, 17, 123 P.2d at 181-82. The supreme court reversed that decision, noting the trial court's reliance on Devcor had been misplaced because the petition in Feldmeier was an initiative petition, which therefore needed only to substantially comply with the law, not comply strictly. 211 Ariz. 444, P 19, 123 P.2d at 184. The supreme court then determined the affidavits in that case substantially complied with the law because, although they did not name the City of Prescott, they had used the exact language of article IV, pt. 1, 1(9) of the Arizona Constitution and 19-112(C), affirming that each signer was a qualified elector "of the city, town, or county" affected by the initiative. See Feldmeier, 211 Ariz. 444, P 21, 123 P.2d at 184-85.