REFERENCE TITLE: U.S. Senators; legislative caucus nominations

State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011

HCR 2044

Introduced by Representative Mesnard

 

a concurrent resolution

 

proposing an amendment to the constitution of the state of Arizona; amending article VII, section 10, Constitution of Arizona; relating to primary elections for United States senators.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 

Be it resolved by the House of Representatives of the State of Arizona, the Senate concurring:

1.  Article VII, section 10, Constitution of Arizona, is proposed to be amended as follows if approved by the voters and on proclamation of the Governor:

START_STATUTE10.  Direct primary election law; caucus nominations for certain candidates

Section 10.  A.  The legislature shall enact a direct primary election law, which shall provide for the nomination of candidates for all elective state, county,  and city offices, including certain candidates for United States senator, and for representative all of this state's representatives in Congress.

B.  For candidates for United States senator when there is no incumbent running as a candidate for that senate seat and for that seat thereafter, the following applies:

1.  Beginning with the first occurrence after the effective date of this amendment to this section, The assembled members of the Arizona house of representatives shall meet in their separate political party caucuses.  Each member of the caucus may submit only one person's name as a candidate.  Each person whose name is submitted is required to comply with the eligibility requirements for that office as otherwise provided by law.  the members of each of the political party caucuses shall vote on the persons submitted to that caucus.  The five persons with the highest number of votes from each caucus shall proceed to a second vote of that caucus.

2.  At the second vote of each of the political party caucuses, the three persons with the highest number of votes from that caucus shall be submitted to a vote of the members of the appropriate political party caucus of the members of the Arizona state senate.  If the person receiving the highest number of votes in that vote receives a majority of the votes cast, that person is the winner of that political party's caucus vote.  If the person receiving the highest number of votes does not receive the majority of the votes cast in that vote, the persons with the two highest number of votes shall run against each other, and the winner of that vote is the winner of that political party's caucus vote.  Each political party caucus may adopt rules to determine the resolution of a tie vote.

3.  The single winner from each of the political party caucuses' vote of the members of the Arizona state senate shall be the nominee of that political party at the primary election for that seat in the United States senate.

4.  For the next occurrence of a United States senate race in which there is no incumbent running as a candidate for that senate seat and for that seat thereafter, the nominating process shall proceed in the same manner prescribed in paragraphs 1, 2 and 3, except that the nominating process shall begin in the Arizona state senate political party caucuses for the preliminary votes, the final votes shall be conducted in each political party caucus in the Arizona house of representatives and the single winner of each political party caucus vote of the members of the Arizona house of representatives shall be the nominee of that political party at the primary election for that seat in the United States senate.

5.  For any political party that is not represented in both chambers of the legislature, that party's candidates for United States senate shall be nominated in the partisan primary election process as otherwise provided by law for other candidates for office in this state.

C.  Any person who is registered as no party preference or independent as the party preference or who is registered with a political party that is not qualified for representation on the ballot may vote in the primary election of any one of the political parties that is qualified for the ballot.END_STATUTE

2.  Applicability

This measure applies to United States Senate races that occur after the 2012 general election.

3.  Legislative intent

A.  In the Constitution of the United States, our founding fathers designed the upper chamber of the federal legislature to be the protector of states' rights and the voice of state legislatures, which represent the people.  One of the chief principles contained therein for preserving individual freedom and liberties is the distribution of powers between a federal and state government.  Those powers not expressly delegated to the federal government are reserved to the states, which are closer to the people.

B.  This measure is not intended to be an indictment of any person or political party.  It is an affirmation that Arizona is a sovereign state and that the people of Arizona have democratically elected to the state legislature individuals who are to be their representatives on State issues.  It is also a declaration that those elected to the United States Senate from this state will be beholden only to the people of Arizona and the people's elected legislature.  Furthermore, it is an assertion of the Tenth Amendment contained in the Bill of Rights, which states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

C.  It is the intent of the Arizona legislature through this measure to partner with the people of Arizona in ensuring that we, the State of Arizona, send to the United States Senate, through legislative nomination and general election by the people, individuals who will safeguard the rights of the State of Arizona within our federal government. 

D.  This measure shall be designated as the "State Sovereignty and Federalism Elections Act", which may be known as the "State S.A.F.E. Act".

4.  The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.