Arizona Revised Statutes
Ariz. Rev. Stat. § 12-2043 (2026)
Failure of attorney general or county attorney to bring action for claimant of office
✓ current as of May 2026
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A. If the attorney general or the county attorney refuses to bring an action as provided for in sections 12-2041 and 12-2042, upon information or at the request of any person claiming such office or franchise, the person may apply to the court for leave to bring the action in his own name and may so bring it if leave therefor is granted.
B. Notice of the application shall be given to the attorney general or the county attorney as the case may be.
Notes of Decisions
Cited in 9
cases (1 in the last 5 years), 1969–2025 · leading case: Jennings v. Woods, 982 P.2d 274 (Ariz. 1999).
Jennings v. Woods, 982 P.2d 274 (Ariz. 1999). “It also urged this court to treat the case, initially styled in mandamus, as an action in quo warranto under A.R.S. § 12-2043 [5] since West, by then, had assumed office.”
State Ex Rel. Sawyer v. LaSota, 580 P.2d 714 (Ariz. 1978). “” By A.R.S. § 12-2043, however, any person claiming an office may bring an action: “A.”
Donaghey v. Attorney Gen., 584 P.2d 557 (Ariz. 1978). “Since respondent is not a claimant to the office of franchise being challenged, she was not entitled to bring a quo warranto action in her own name under A.R.S. § 12-2043. Consequently, she filed a petition for a writ of mandamus on February 15, 1977, requesting the court to…”
Crouch v. City of Tucson, 699 P.2d 1296 (Ariz. Ct. App. 1984). “Where the attorney general or county attorney refuses to bring an action based on such a complaint, A.R.S. § 12-2043(A) provides that the private person may seek court approval to bring his own private action: “If the attorney general or the county attorney refuses to bring an…”
Harris v. Maehling, 545 P.2d 47 (Ariz. 1976). “Harris, petitioner, brings this original proceeding in quo warranto under ARS § 12-2043 to have Leon H. Maehling, respondent, declared a usurper of the office of a member of the State Board of Education.”
Ahearn v. Bailey, 451 P.2d 30 (Ariz. 1969). “§ 12-2043 by John L. Ahearn to test the right of respondents to hold office as members of the Industrial Commission of Arizona.”
Tracy v. Dixon, 579 P.2d 1388 (Ariz. 1978). “§ 12-2042, an action may be brought in the Superior Court by the county attorney against any person who usurps, intrudes into or unlawfully holds any public office within his county.”
Donaghey v. Attorney Gen., 584 P.2d 569 (Ariz. Ct. App. 1978). “Upon receipt of such a request, the recorder or other officer in charge of elections shall mail postage prepaid to the elector the ballot, the official application and the envelopes for their return.” . If the Attorney General refuses to bring an action as provided for in A.”
Am. Med. v. Cent. Az (Ariz. Ct. App. 2025). “” A.R.S. § 12-2043. Arizona law does not allow a private party, other than one whose office is being usurped, to bring a petition for a writ of quo warranto.”
— Ariz. Rev. Stat. § 12-2043(A) — 1 case
Crouch v. City of Tucson, 699 P.2d 1296 (Ariz. Ct. App. 1984). “Where the attorney general or county attorney refuses to bring an action based on such a complaint, A.R.S. § 12-2043(A) provides that the private person may seek court approval to bring his own private action: “If the attorney general or the county attorney refuses to bring an…”
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