ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
legislative
vacancies
Removes the requirement that the elected precinct committeemen who nominate the qualified electors to fill a legislative vacancy represent both the legislative district and the county in which the vacancy has occurred. Requires the committeemen to represent only the legislative district.
Background
The two procedures for filling a seat left vacant in the Legislature are outlined in current statute. The first procedure is used for legislative districts containing more than 30 precinct committeemen of the same political party. Under this process, the Secretary of State notifies the state party chairman from the appropriate political party of the vacancy. The state party chairman then gives notice of a meeting to fill the vacancy to all elected precinct committeemen of the appropriate political party from precincts that are in the legislative district and the county in which the vacancy occurred.
The elected precinct committeemen nominate three qualified electors to fill the vacancy. The nominees must meet the requirements for service in the Legislature, belong to the same political party and reside, at the time of nomination, in the same district and county as the person in the office immediately before the vacancy. Finally, the state party chairman forwards the three nominees to the board of supervisors of the county of residence of the person holding the office immediately before the vacancy occurred. The board appoints one of the nominees to the vacated position.
The second process is used for legislative districts containing less than 30 precinct committeemen of the same political party. Under this process, the board of supervisors of the county in which the affected legislative district is located appoint a citizens panel to submit to the board the names of three qualified electors. The board appoints one person from the list of names to fill the vacancy.
Recently, concerns have been expressed that, because some legislative districts encompass more than one county, it is not clear which board of supervisors appoints the citizens panel and appoints the elector. H.B. 2124 specifies that the board is the one from the county in which the person who held the vacant office immediately prior to the vacancy resided.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
1. Requires that the board of supervisors that appoints the citizens panel to name the qualified electors to fill the vacancy is the board from the county in which the person who held the vacant office immediately prior to the vacancy resided.
2. Requires the three qualified electors, submitted to the board by a citizens panel, be residents of the county in which the vacancy occurred in addition to the legislative district.
3. Provides for a general effective date.
Amendments Adopted by Committee of the Whole
· Removes the requirement that the elected precinct committeemen who nominate the qualified electors to fill a legislative vacancy represent just the legislative district in which the vacancy occurs. Requires the committeemen to represent the same county and the legislative district.
RGO 2-12-02 DPA 7-0-1-2 GOV 4/8/02 DP 3-1-2-0
3rd Read 2-26-02 53-5-2 3rd Read 4/22/02 24-2-4-0
Prepared by Senate Staff
April 23, 2002