State SealARIZONA HOUSE OF REPRESENTATIVES

 

HB 2156: legislative vacancy; appointment; time frame

PRIME SPONSOR: Representative Coleman, LD 16

BILL STATUS: Chaptered

 

Legend: BOS – Board of Supervisors PC – Precinct Committeemen SOS – Secretary of State Amendments – BOLD and Stricken (Committee)

Abstract

☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteRelating to the appointment of Legislative vacancies.

Provisions

1.       Modifies the timeframe and process for appointing a Legislative vacancy that was represented by a political party with less than 30 PCs in the district as follows:

a.       Directs the SOS to immediately notify the BOS of the vacancy;

b.       Requires the BOS to appoint a citizen's panel within seven business days of notification by the SOS;

c.        Requires the citizen's panel to submit the names of three qualified electors from the same political party to the BOS within:

i.         21 days if the Legislature is not in session; or

ii.       5 days if the Legislature is in session.

d.       Directs the BOS to appoint one person from the list of names submitted by the citizen's panel to fill the vacancy. (Sec. 1)

2.       Requires the following to occur immediately when appointing a Legislative vacancy that was represented by a political party with 30 or more PCs in the district:

a.       SOS notification to the state party chairman;

b.       State party chairman notification of the nominees to the BOS; and

c.        State party chairman notification to the BOS, if the elected PCs fail to fill the vacancy within the specified time frame. (Sec. 1)

3.       Requires the qualified electors to be individuals not registered with a political party if the person elected or appointed to the office before the vacancy was not registered with a political party. (Sec. 1)

4.       Makes technical and conforming changes. (Sec. 1)

Current Law

The process for filling a vacant Legislative seat that was represented by a political party with less than 30 PCs from precincts in the district is as follows:

·         Within three business days after a vacancy, the BOS must appoint a citizen's panel to submit the names of three qualified electors to fill the vacancy.

·         The citizen's panel is required to submit the names of the three qualified electors to the BOS within seven business days.

·         Within five business days after receiving the names, the BOS appoints one person to fill the vacancy.

The process for filling a vacant Legislative seat that was represented by a political party with at least 30 PCs from precincts in the district is as follows:

·         SOS is required to notify the state party chairman of the vacancy.

·         Within three days after notification by the SOS, the state party chairman must give written notice of the meeting to fill the vacancy to all elected PCs from precincts in the district.

·         After notification by the SOS, the elected PCs must nominate three qualified electors from the same political party within:

o   21 days if the Legislature is not in session; or

o   5 days if the Legislature is in session.

·         The state party chairman forwards the names of the three qualified electors to the BOS.

·         The BOS appoints a person from the three nominees submitted (A.R.S. § 41-1202).

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·         Fifty-third Legislature                          HB 2156

·         Second Regular Session                       Version 4: Chaptered

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