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ARIZONA STATE SENATE
Fifty-Fifth Legislature, Second Regular Session
legislative vacancies; precinct committeemen
Purpose
Requires precinct committeemen (PC) in legislative districts with more than 30 elected PCs to directly elect a replacement for a vacant legislative seat, rather than nominating three qualified electors to the appropriate county's county BOS (county BOS) for appointment. Requires the method of appointment for a legislative vacancy to be based on the number of PCs within the legislative district, rather than the number of PCs within the legislative district and the county.
Background
When a legislative vacancy occurs, there are two processes by which the vacant seat may be filled, depending on the number of PCs from precincts in the legislative district and in the county in which the vacancy occurred. If there are more than 30 PCs from precincts in the legislative district, the Secretary of State (SOS) must notify the appropriate state party chairman who must call a meeting of the PCs. To fill the vacancy, the PCs must nominate three qualified electors who meet the requirements for service in the Legislature, belong to the appropriate political party and reside in the appropriate legislative district and county. The state party chairman must forward the names of the three persons to the appropriate county BOS who must appoint one of the electors. If there are less than 30 PCs, the SOS must notify the appropriate county BOS who must appoint a citizens panel to nominate three qualified electors to fill the vacancy. The county BOS must appoint the replacement from the list by a majority vote (A.R.S. § 41-1202)
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, in a legislative district with more than 30 PCs, the PCs to elect one qualified elector to fill a legislative vacancy, rather than nominate three qualified electors to the county BOS for appointment.
2. Requires the state party chairman of the appropriate political party to immediately forward the name of the person elected to the vacant seat to the presiding officer of the house of the Legislature in which the vacancy occurred, rather than to the county BOS of the county where the vacancy occurred.
3. Requires the method of appointment for a legislative vacancy to be based on the number of PCs within the legislative district, rather than the number of PCs within the legislative district and the county.
4. Requires the qualified elector seeking to fill a vacant legislative seat to reside in the same legislative district as the vacant seat, rather than both the legislative district and the county.
5. Makes technical changes.
6. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2022
MH/HW/slp