Brewer

Jan Brewer, the Secretary of State of the State of Arizona and other officials (the State) were sued by the Association of American Physicians and Surgeons (the Association) and three citizens of Arizona (the Candidates) who challenged the Arizona Citizens Clean Elections Act, A.R.S. § 16-940 et seq., adopted by ballot initiative in 1998 (the Clean Elections Act). The district court dismissed the complaint for failure to state a cause of action. We dismiss as moot the appeal of the Association and of the Candidates.

MOOTNESS

The Association. The complaint was filed January 29, 2004. The Association alleged that “it has made independent campaign expenditures in the past, has established a political action committee for that purpose, and desires to make independent campaign expenditures in the upcoming 2004 statewide elections in Arizona.” The Association did not allege that its political action committee (its PAC) had been funded; that the PAC had participated in any Arizona election; or that the PAC would participate in any Arizona election. The Association did allege that it “would have made independent expenditures” in past Arizona elections and “intends to make independent…