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REFERENCE TITLE: elections; political party designation; nomination |
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State of Arizona House of Representatives Fifty-first Legislature First Regular Session 2013
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HCR 2010 |
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Introduced by Representatives Smith, Stevens: Lesko, Shope
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A CONCURRENT RESOLUTION
proposing an amendment to the constitution of ARIZONA; amending article VI, sections 12 and 38, constitution of Arizona; amending article VII, section 10, Constitution of Arizona; relating to elected officers.
(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 VI, sections 12 and 38, Constitution of Arizona, are proposed to be amended as follows if approved by the voters and on proclamation of the Governor:
12. Superior court; term of office
Section 12. A. Judges of the superior court in counties having a population of less than two hundred fifty thousand persons according to the most recent United States census shall be elected by the qualified electors of their counties at the general election. They shall hold office for a regular term of four years except as provided by this section from and after the first Monday in January next succeeding their election, and until their successors are elected and qualify. The names of all candidates for judge of the superior court in such counties shall be placed on the regular ballot without with partisan or other designation except along with the division and title of the office.
B. The governor shall fill any vacancy in such counties by appointing a person to serve until the election and qualification of a successor. At the next succeeding general election following the appointment of a person to fill a vacancy, a judge shall be elected to serve for the remainder of the unexpired term.
C. Judges of the superior court in counties having a population of two hundred fifty thousand persons or more according to the most recent United States census shall hold office for a regular term of four years except as provided by this article.
38. Declaration of candidacy; form of judicial ballot, rejection and retention; failure to file declaration
Section 38. A. A justice or judge of the supreme court or an intermediate appellate court shall file in the office of the secretary of state, and a judge of the superior court or other court of record including such justices or judges who are holding office as such by election or appointment at the time of the adoption of this section except for judges of the superior court and other courts of record inferior to the superior court in counties having a population of less than two hundred fifty thousand persons, according to the United States census, shall file in the office of the clerk of the board of supervisors of the county in which he regularly sits and resides, not less than sixty nor more than ninety days prior to the regular general election next preceding the expiration of his term of office, a declaration of his desire to be retained in office, and the secretary of state shall certify to the several boards of supervisors the appropriate names of the candidate or candidates appearing on such declarations filed in his office.
B. The name of any justice or judge whose declaration is filed as provided in this section shall be placed on the appropriate official ballot at the next regular general election under a nonpartisan partisan designation and in substantially the following form:
Shall __________, (Name of justice or judge) (name of political party) of the _________ court be retained in office? Yes __ No __ (Mark X after one).
C. If a majority of those voting on the question votes "No," then, upon on the expiration of the term for which such justice or judge was serving, a vacancy shall exist, which shall be filled as provided by this article. If a majority of those voting on the question votes "Yes," such justice or judge shall remain in office for another term, subject to removal as provided by this constitution.
D. The votes shall be counted and canvassed and the result declared as in the case of state and county elections, whereupon a certificate of retention or rejection of the incumbent justice or judge shall be delivered to him by the secretary of state or the clerk of the board of supervisors, as the case may be.
E. If a justice or judge fails to file a declaration of his desire to be retained in office and a partisan designation, as required by this section, then his office shall become vacant upon expiration of the term for which such justice or judge was serving.
2. 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:
10. Direct primary election law
Section 10. A. The Legislature shall enact a direct primary election law, which shall provide for the nomination by political party of candidates for all elective State, county, and city, town, school district and special taxing district offices, including candidates for United States Senator and for Representative in Congress and candidates for any other elected office in this state, except for judicial offices. The nomination shall occur at the designated political party's primary election and all candidates for those elected offices shall designate a political party and shall participate in their designated political parties' primary election.
B. For all judicial offices in this state, a candidate for election or retention as a justice or judge shall designate that candidate's political party affiliation, which shall be displayed on the ballot with that candidate's name.
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.
3. The Secretary of State shall submit this proposition to the voters at the next general election as provided by article XXI, Constitution of Arizona.