Andy Gaona
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Andy focuses his practice on election, political, and public law. He advises candidates, political action committees, political party organizations, nonprofits, and government entities on issues of campaign finance, ballot access, election mechanics, and election-related litigation. In addition, Andy works closely with groups that sponsor 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). His ballot measure work includes successful measures such as Smart and Safe Arizona (Prop. 207), Save Our Schools (Prop. 305), the Arizona Education Finance Amendment (Prop. 123), the Reid Park Zoo Animal Quality of Life Acts (Props. 202 and 203), and many other statewide and local measures.
Andy is also a member of the firm’s Litigation group, focusing on complex civil litigation, civil rights litigation, public records litigation, and civil appeals. He represents clients at all stages of litigation in state and federal court and has argued multiple times in the Arizona Supreme Court, the Arizona Court of Appeals, and the United States Court of Appeals for the Ninth Circuit.
Representative Matters
- Co-counsel to the Arizona Secretary of State in 11 lawsuits relating to the 2020 General Election, and lead counsel in 5 lawsuits defending the results and integrity of the 2022 General Election.
- Representation of political committees and candidates in election-related litigation, including ballot measure challenges to initiatives and referenda. (g. Molera v. Hobbs, 250 Ariz. 13 (2020); James v. Hobbs, CV-20-0226-AP/EL (2020); Perea v. Reagan, CV-18-0036-AP/EL (2018); Maricopa Citizens Protecting Taxpayers v. Price, 244 Ariz. 330 (App. 2017)).
- Prepared briefs and conducted oral argument on behalf of the ACLU of Arizona in a key public records case (Am. C.L. Union of Arizona v. Arizona Dep’t of Child Safety, 251 Ariz. 458 (2021)).
- Represented a nonprofit watchdog in extensive public records proceedings – involving multiple trips to the Arizona Court of Appeals and Arizona Supreme Court – related to the Arizona Senate’s audit of the 2020 General Election results in Maricopa County.
- Counsel for prominent petition signature-gathering firm in successful defense of a defamation claim brought by a competitor based on social media activity (Sign Here Petitions LLC v. Chavez, 243 Ariz. 99 (App. 2017)).
- Counsel for amici curiae in support of the constitutionality of the hospital assessment that funds the expansion of Arizona’s AHCCCS program, which was upheld by the Arizona Supreme Court (Biggs v. Betlach, 243 Ariz. 256 (2017)).
- Prepared briefs and conducted oral arguments on behalf of individuals subject to orders of removal in the Ninth Circuit Court of Appeals, resulting in reversals in both cases (Mercado v. Lynch, 668 F. App’x 272 (9th Cir. 2016);Carrillo-Jaime v. Holder, 533 F. App’x 760 (9th Cir. 2013)).
- Counsel for Members of Commission on Appellate Court Appointments in original special action in which the Supreme Court invalidated a state statute that altered the judicial nomination system (Dobson v. State ex rel. Comm’n on Appellate Court Nominations, 309 P.3d 1289 (2013)).
- Counsel for amicus curiae in support of the proponents of Proposition 204 (Tobin v. Rea, 231 Ariz. 189 (2013); Pederson v. Bennett, 230 Ariz. 566 (2012)).
- Counsel for amicus curiae in an original special action which resulted in the reinstatement of the chairwoman of the Arizona Independent Redistricting Commission ( Indep. Redistricting Comm’n v. Brewer, 229 Ariz. 347 (2012)).
- Represented clients in all aspects of business, commercial, and civil rights disputes in Arizona trial courts, arbitrations, and administrative proceedings through inception, discovery, and dispositive motions.
- Represented major healthcare systems in Arizona and elsewhere in civil rights disputes with patients arising under the Americans with Disabilities Act, Rehabilitation Act, Affordable Care Act, and the Arizonans with Disabilities Act.
Awards & Recognitions
- Arizona Capitol Times: 2023 Leader of the Year (Public Service)
- Arizona Capitol Times: 2022 Leader of the Year (Legal)
- Phoenix Business Journal: 40 Under 40 (2022)
- Southwest Super Lawyers Rising Stars: Business Litigation (2014 – 2024)
- The Best Lawyers in America©: Appellate Practice (2020 – present); Commercial Litigation (2023 – present)
Publications & Speeches
- Commentator, “Abortion access is before supreme courts in Arizona, New Mexico and Wyoming this week. What we know,” CNN (Dec. 13, 2023)
- Comment, “Arizona Abortion Laws Appear to Confound State’s Court (Correct),” Bloomberg Law (Dec. 12, 2023)
- Comment, “ARIZONA SUPREME COURT WEIGHS NEAR-TOTAL ABORTION BAN,” The Appeal (Dec. 12, 2023)
- Commentator, “Arizona Supreme Court hears arguments over state’s 2 conflicting abortion laws,” Fox 10 (Dec. 11, 2023)
- Commentator, “Arizona coalition launches effort to get abortion rights on the ballot” Washington Post (Aug. 8, 2023)
- Commentator, “Phoenix Business Journal 40 Under 40 2022: Andy Gaona,” Phoenix Business Journal (Aug. 4, 2022)
- Presenter, Arizona Election Law Seminar, State Bar of Arizona (2020, 2022, 2023)
- Co-author (with Jill Chasson), “Weed and the Workplace,” Arizona Attorney (Mar. 2021)
- Guest Lecturer, “Advanced Legal Writing and Election Law,” Sandra Day O’Connor College of Law, Arizona State University (2014)
- Presenter, “The Arizona Supreme Court and the Arizona Constitution: The First Hundred Years,” CLE (Feb. 14, 2012)
- Co-author (with Paul Eckstein and Jerica Peters), “What Didn’t Make It Into the Arizona Constitution,” 44 Ariz. St. L.J. 513 (2012)
- Comment, “Privity No More: Implied Warranty Rights of Subsequent Purchasers of Commercial Property in Arizona,” 41 Ariz. St. L.J. 877 (2009)
Clerkships
- Hon. Andrew D. Hurwitz, Arizona Supreme Court, 2010 – 2011
Activities & Memberships
- President, Board of Directors, Arizona Center for Law in the Public Interest (2019 – 2021)
- Board Member, Arizona Center for Law in the Public Interest (2014 – present)
Education & Admissions
- J.D., Arizona State University Sandra Day O’Connor College of Law, 2010; summa cum laude
- B.A., Political Science & Spanish Literature, University of Arizona, 2006; magna cum laude
- Admitted in Arizona, 2011
- Admitted to the Ninth Circuit Court of Appeals, 2012
- Admitted to the Third Circuit Court of Appeals, 2020
- Admitted to the U.S. Supreme Court, 2021
