Election litigation has surged over the last 20 years. Cases involving petition challenges, campaign finance and election administration have resulted in many new developments in federal and state election law. In addition, the statutes and regulations governing elections are constantly evolving.
This practical seminar will provide an overview of the cases, statutes, and other election law developments in Arizona. Judges, attorneys and administrators will find this seminar invaluable as they prepare for the 2024 elections. The faculty consists of prominent Arizona judges, elected officials, election administrators and election law attorneys. This seminar always receives very positive feedback from those who have attended. Please join us for this informative, practical and entertaining seminar.
Seminar Co-Chairs:
Sarah R. Gonski, Everett Street Group PLLC
Eric H. Spencer, Snell & Wilmer LLP
Faculty:
Judge Danielle Viola, Maricopa County Superior Court
Adrian Fontes, Arizona Secretary of State
Patty Hansen, Coconino County Recorder
Stephen Richer, Maricopa County Recorder
Daniel Arellano, Herrera Arellano
Jim Barton, Barton Mendez Soto PLLC
Amy Chan, Arizona Secretary of State’s Office and the Arizona Citizens Clean Elections Commission
Angie Cloutier, Arizona Secretary of State's Office
Tom Collins, Arizona Citizens Clean Elections Commission
Colleen Connor, Arizona Secretary of State's Office
Alexis Danneman, Perkins Coie
Andy Gaona, Coppersmith Brockelman
Karen Hartman-Tellez, Maricopa County Attorney's Office, Civil Division
Roy Herrera, Herrera Arellano
Scott Jarrett, Maricopa County Elections
Brett Johnson, Snell and Wilmer
Kara Karlson, Arizona Attorney General’s Office
Sean Lokey, Department of Justice
Michael Moore, Arizona Secretary of State's Office
Craig Morgan, Sherman & Howard LLC
Tracy Olson, Snell and Wilmer
Andrew Pappas, Osborn Maledon
Linley Wilson, Arizona House of Representatives
M Colleen Connor, Director of Policy, Arizona Secretary of State
Colleen Connor is the Policy Director with the Arizona Secretary of State’s Office with a focus on election-related litigation. Colleen first began working on election law matters while at the Arizona Attorney General’s Office in the late 1990s representing the Arizona Secretary of State. Following approval of the Citizens Clean Elections Act, Colleen served as the first Executive Director of the Citizens Clean Elections Commission. Colleen has also worked at the Maricopa County Attorney’s Office as a Deputy County Attorney representing the Maricopa County Recorder and Elections Department for 14 years. Prior to joining the Arizona Secretary of State’s Office as the State Elections Director in January of 2023, Colleen worked for the Yavapai County Attorney’s Office. Colleen has been an active member of the Arizona State Bar since 1994 and has been a member of the Virgin Islands Bar Association (inactive) since 2016.
Amy Bell Chan
Amy B. Chan has served as General Counsel for the Secretary’s Office since March 2022. In over two decades as a lawyer, she has served as a legislative staffer, Director of Administrative Actions for Department of Real Estate, General Counsel for Department of Corrections, Administrative Law Judge for the Corporation Commission, and State Election Director under former Secretary of State Ken Bennett. In 2017 she was appointed to a five year term on the Clean Elections Commission by then-Senate Minority Leader Katie Hobbs, where she remains in that role as a holdover. From late 2013 through February 2022 she took time to raise her growing family and is pleased to have the opportunity to once again serve the Secretary and the people of Arizona.
Danielle J Viola, Superior Court Judge
joined the Maricopa County Superior Court in 2011. She currently serves as the Civil Presiding Judge. Danielle previously served as the Arizona Tax Court Judge, the Associate Criminal Presiding Judge, and the Administrative Judge for the Post-Conviction Relief Unit. She is the immediate past chair of the Jury Advisory Committee for the Maricopa County Superior Court, and she currently serves on the Advisory Committee on the Rules of Evidence, the Court Interpreter Program Advisory Committee, and the State Bar Civil Practice and Procedure Committee. Danielle also served as a member of the COVID-19 Continuity of Court Operations During a Public Health Emergency ("Plan B") Workgroup. Before taking the bench, Danielle practiced in the area of commercial litigation at Snell & Wilmer LLP.
Karen J Hartman-Tellez, Senior Counsel, Maricopa County Attorney's Office, Civil Division
KAREN J. HARTMAN-TELLEZ is Senior Counsel in the Civil Division of the Maricopa County Attorney’s Office. She has practiced law in Arizona for more than twenty years in the areas of civil litigation involving constitutional, education, employment, civil rights, media, and political law issues. For the last fifteen years, a substantial portion of her practice has focused on representation of state and county election officials, litigating matters at all levels of state and federal courts. Earlier in her career, she spent several years in private practice, where her practice focused on media, constitutional, voting rights, and federal Indian law. In 2008, she spearheaded the Arizona Election Protection program, a non-partisan voter assistance program. Karen graduated magna cum laude from the College of Law at Arizona State University. After obtaining her law degree, she completed a judicial clerkship with the Honorable Ruth V. McGregor, Vice Chief Justice of the Arizona Supreme Court.
Brett W Johnson, Snell & Wilmer LLP
Brett Johnson is a partner with Snell and Wilmer LLP. He represents businesses and individuals in government relations matters. His practice includes State and federal Constitutional law, government regulatory compliance, political and election law, and commercial litigation. Brett regularly represents parties, government agencies, and witnesses involved with governmental investigations. Brett has appeared and argued multiple constitutional and election law cases before courts at all levels, including to the U.S. Supreme Court and Arizona Supreme Court. He has experience handling internal investigations and compliance audits for clients on a wide range of matters. Brett also provides training to businesses and governmental agencies concerning compliance matters and the drafting of related corporate policies. Prior to joining the firm, Brett was a judge advocate with the United States Navy, regularly appearing in state and federal courts throughout the nation on behalf of the Department of the Navy. Brett received his J.D. in 1999 from the Santa Clara University School of Law and his LLM from the University of San Diego School of Law. He also received a Masters in International Management from the University of Maryland, University College and is a graduate of the U.S. Naval War College. To read Brett’s full bio and review his multiple publications on a wide range of legal topics, visit https://www.swlaw.com/people/brett_johnson.
Adrian Paulino Fontes, Of Counsel, Dessaules Law Group
is an Arizona native born and raised on the border in Nogales. His active duty service in the United States Marine Corps solidified his love of country and made him a strong advocate of the US Constitution. He took this passion back to finish his undergraduate degree with summa cum laude honors at Arizona State University, and then to the University of Denver where he received his Juris Doctorate. After law school, Mr. Fontes worked for the Denver DA's Office prior to returning to Arizona to continue his prosecuting career with the Maricopa County Attorney and then the Arizona Attorney General. With the Arizona AG, he headed the Foreign Prosecution Unit in the Fraud and Public Corruption Section of that office. Mr. Fontes left government service for private practice where he made his way from working in local Justice Courts, through Superior Courts and eventually to several cases before the US Court of Appeals for the 9th Circuit. Adrian Fontes lives in Phoenix with his wife Mona and their three daughters. He is an avid musician, college football fan and supporter of his community. Adrian Fontes is a member of the National Association of Counties Telecommunications and Technology Policy Steering Committee and is working on the requirements to achieve a Certified Elections/Registration Administrator (CERA) designation. CERA is the elections profession's highest designation. Adrian Fontes serves as the 29th Recorder and is the first Latino to serve as a countywide elected official in Maricopa County, Arizona.
Eric H Spencer, Partner, Snell & Wilmer LLP
Eric Spencer is a partner at Snell & Wilmer in Phoenix and primarily focuses his practice on election and political law. Eric most recently served as the State Election Director in the Arizona Secretary of State’s office from 2015-2018. Before his original stint at Snell & Wilmer from 2007-2014, Eric began his professional career as an infantry officer with the U.S. Army, where he achieved the rank of Captain following a 12-month tour of duty during Operation Iraqi Freedom. Among other awards and decorations, Eric was awarded the Bronze Star Medal and Combat Infantry Badge after having led nearly 250 combat missions and patrols in southeast Baghdad in 2006. Eric holds a master’s degree in public administration from Harvard University, law degree from Duke University, and bachelor’s degree in political science (magna cum laude) from UCLA.
Craig A Morgan
James E Barton, II, Partner, Barton Mendez Soto PLLC
practices political and government relations law at Barton Mendez Soto PLLC. He has defended many statewide ballot measure campaigns against challenges to their place on the ballot and constitutionality. He has also challenged and defended candidate petition the constitutionality of state laws regulating elections and campaign finance. Jim represented the Arizona Independent Redistricting Commission, the Citizens Clean Elections Commission and the Arizona Secretary of State as an Assistant Attorney General in the Arizona Solicitor General's Office. In that capacity, he also litigated election law cases, including Arizona Free Enterprise v. Bennett, for which he served as counsel of record before the United States Supreme Court. After receiving his Juris Doctor, magna cum laude, from the Arizona State University College of Law in 2005, Jim clerked for Arizona Chief Justice Ruth McGregor. He earned a Bachelor of Arts in physics and philosophy at Northwestern University and served as a submarine warfare officer in the United States Navy from 1993 to 1998.
Thomas Matthew Collins, Executive Director Arizona Citizens Clean Elections Commission, Arizona Citizens Clean Elections Commission
is Executive Director of the Arizona Citizens Clean Elections Commission. As executive director he is responsible for day-to-day operations for the Commission, a five-member board that administrates and enforces Arizona's Citizens Clean Elections Act, including its education and campaign finance programs. Collins was an assistant attorney general for the Arizona Attorney General's office, focused on election law, appeals, and attorney general opinions. He clerked for Justice Scott Bales (2005-06) and the late Justice Michael Ryan (2007-10) of the Arizona Supreme Court.
Patricia Hansen
Linley S Wilson
Linley is the Majority General Counsel for the Arizona House of Representatives. Before joining the Arizona Legislature, Linley worked at the Arizona Attorney General’s Office, where she spent over 11 years in the Solicitor General's Office and the Criminal Appeals Section. As a Deputy Solicitor General, Linley represented the State of Arizona in high-profile matters, wrote amicus briefs in state and federal cases involving issues of statewide importance, and frequently drafted Attorney General Opinions. Linley also led the Criminal Appeals Section as Chief Counsel, directing and supervising all appellate litigation in felony criminal appeals in Arizona's appellate courts. Linley received her law degree from the Sandra Day O'Connor College of Law in 2008 and her undergraduate degrees in Political Science and Italian from Arizona State University in 2005.
David Andrew Gaona
ANDY GAONA is a partner at Coppersmith Brockelman PLC, and focuses his practice in the areas of election and political law, public law, commercial litigation, appeals, and public records. He advises candidates, PACs, party organizations, nonprofits, and public bodies on issues of campaign finance, ballot access, and election-related litigation. In addition, Andy works closely with groups that sponsor or oppose ballot measures at both the state and local level from the drafting of ballot language to defending and prosecuting pre- and post-election challenges (and everything in between). Andy also litigates commercial, civil rights, public law, and public records matters for a diverse group of clients. He has been recognized as a Super Lawyers® “Rising Star” in business litigation since 2014, and by Best Lawyers® in the appellate practice since 2020 and in the commercial litigation practice since 2022. He was named one of Phoenix’s “40 Under 40” by the Phoenix Business Journal in 2022, and has been recognized by the Arizona Capitol Times as Arizona’s top political lawyer for the past two years, Andy serves on the Board of Directors of the Arizona Center for Law in the Public Interest and also works on pro bono legal matters when possible. When he is not working, he is trying to keep up with his two ridiculously-cute daughters.
Kara M Karlson
Kara Karlson is an Assistant Attorney General who represents the Arizona Citizens Clean Elections Commission, and other state agencies in election matters at trial and on appeal. Her practice covers a wide variety of election law disputes, including constitutional and Voting Rights Act litigation in federal and state courts, state-law based election challenges, petition challenges for candidates and initiatives, campaign finance complaints, and recount litigation. Additionally, she advises other state agencies and serves as lead litigation counsel for those agencies in high-impact litigation. Before coming to the Attorney General’s office, Kara worked at a boutique law firm in the Phoenix area which focused primarily on bankruptcy litigation and general civil litigation. She is admitted to practice in Arizona state and federal courts as well as the Ninth Circuit Court of Appeals and the United States Supreme Court. Kara is very involved in the Arizona Women Lawyers Association, serving on the Steering Committee, as a co-chair to the Mother’s Forum, and the Leadership Appointments Committee. She also serves as Chair on the Developmental Disability Advisory Council, providing advice to the Division of Developmental Disabilities on how to provide the best services for approximately 46,000 Arizonans with developmental disabilities. Prior to becoming a lawyer, she worked on staff for political committees in the 2004 and 2006 election cycles. Kara is an Arizona Pioneer Descendant, with family roots in Arizona that stretch back to 1900. She married her junior high sweetheart, and they are blessed with two wonderful daughters.
Alexis Elizabeth Danneman
Daniel Abraham Arellano, Partner, Herrera Arellano LLP
Sarah Rae Gonski
Sarah Gonski is an election law attorney and policy expert who advises political committees, think tanks, and advocacy organizations at every stage of the political process. She focuses on developing and implementing bipartisan policy solutions to render the election process more voter-friendly, accurate, and efficient. Her consulting clients include the Institute for Responsive Government, the Center for Secure and Modern Elections, the Center for DMV Election Resources, and more. She also teaches Election Law at Arizona State University's College of Law. Prior to her policy and teaching work, she spent seven years in private practice working to secure and expand access to the democratic process. In that capacity, she litigated over 100 election law and voting rights cases across the country in both state and federal courts, including the United States Supreme Court. In 2020, she litigated nearly a dozen lawsuits defending President Biden from those seeking to overturn the results of the presidential election. Sarah lives in Phoenix, Arizona, and is a graduate of the University of Maryland-College Park and Harvard Law School.
Roy Herrera
is Of Counsel with Ballard Spahr. His practice centers on political law. He regularly advises candidates, nonprofit organizations, PACs, elected officials, and businesses on campaign finance and election law issues. In addition to his political law work, Roy represents clients in government and regulatory affairs, white collar defense, and internal investigation matters. Prior to joining Ballard Spahr, Roy served as an Assistant U.S. Attorney for the U.S. Department of Justice and on the legislative staff of U.S. Representative Ed Pastor of Arizona.
Stephen Richer
Stephen Richer took office in January 2021 as the 30th Maricopa County Recorder. His office of approximately 150 employees records hundreds of thousands of public documents every year, maintains a voter registration database of 2.5 million voters -- the second largest voting jurisdiction in the United States -- and administers the early voting component of elections in Maricopa County. Prior to his time as Recorder, Stephen worked in various business sectors and, later, as an attorney at the law firms Steptoe & Johnson LLP and Lewis Roca LLP. He holds a J.D. and M.A. from The University of Chicago and a B.A. from Tulane University. He is completing his PhD at Arizona State University. In 2021, the Arizona Republic named Stephen "Arizonan of the Year" and the Phoenix New Times voted Stephen "Republican Politician of the Year." In 2022, the Maricopa County Bar Association named Stephen "Public Law Attorney of the Year." And in 2023, the Arizona Capitol Times awarded Stephen "Leader of the Year, Government."
Sean Kevin Lokey
Andrew George Pappas
Andrew G. Pappas is an attorney at Osborn Maledon, P.A., where he focuses on appeals, complex commercial disputes, and political and regulatory matters. From 2019 to 2022, he served as general counsel of the Arizona House of Representatives, providing legal and policy advice to the Speaker and members of the Republican majority caucus. He previously served as deputy solicitor general in the Office of the Arizona Attorney General, where worked on constitutional, statutory-defense, elections, federalism, and other matters. Andrew began his legal career as an associate a large international law firm in Los Angeles. Andrew serves on the board of the Phoenix lawyers’ chapter of the Federalist Society and is a fellow of the Civil Society Fellowship, a partnership of the Anti-Defamation League and the Aspen Institute.
Tracy Alice Olson
TRACY A. OLSON has been a member of the State Bar of Arizona since 2018. She received her Bachelor of Business Administration in Accounting from Southern Methodist University in 2014 and her Juris Doctor, magna cum laude from the Sandra Day O'Connor College of Law at Arizona State University in 2017. Following law school, Tracy clerked for Justice Clint Bolick on the Arizona Supreme Court. Currently, Tracy is a senior associate attorney at Snell & Wilmer focusing her practice in special litigation and compliance. She represents businesses and individuals in constitutional, government relations and regulatory matters. Her state and federal constitution and government relations practice includes compliance consulting and trial and appellate litigation related to election law, political law and commercial litigation.
Angie Cloutier
Scott Jarrett
Michael Moore