ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

House: MOE DP 7-3-0-0 | 3rd Read: 31-29-0-0

Senate: ELEC DP 5-3-0-0 | 3rd Read: 16-14-0-0

Final Pass: 31-26-2-0-1


HB2308: secretary of state; election; recusal

Sponsor: Representative Jones, LD 17

Transmitted to the Governor

Overview

Prohibits the Secretary of State from performing any duties concerning portions of an election in which the Secretary of State is a candidate. 

History

An Assistant Secretary of State must be appointed to perform official duties in the Secretary of State's absence or when the Secretary of State is acting as Governor (A.R.S. § 41-122).

Public Officers and certain public employees must recuse themselves in specified circumstances. Any Public Officer or employee who has a substantial interest in any decision of a public agency must refrain from participating as an officer or employee in such decision. Public Officer is defined as all elected and appointed officers of a public agency established by charter, ordinance, resolution, state constitution or statute (A.R.S. §§ 38-502, 38-503).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRestricts the Secretary of State from taking any actions that pertain to an election for which they are a candidate. (Sec. 1)

2.   Clarifies that the Secretary of State (SOS) is prohibited from performing any actions pertaining to election operations in an election in which the SOS is a candidate, except for the SOS's constitutional duty to certify the statewide canvass. (Sec. 1)

 

 

 

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                        HB 2308

Initials JH/IG   Page 0 Transmitted to the Governor

 

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