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HUNTER SMITH LEGISLATIVE RESEARCH INTERN |
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ANNA NGUYEN |
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LEGISLATIVE RESEARCH ANALYST ELECTIONS COMMITTEE Telephone: (602) 926-3171 |
ARIZONA STATE SENATE
RESEARCH STAFF
TO: MEMBERS OF THE SENATE
ELECTIONS COMMITTEE
DATE: February 13, 2024
SUBJECT: Strike everything amendment to S.B. 1278, relating to legislative vacancies; appointment
Purpose
Prescribes requirements relating to the timeline for the county board of supervisors (county BOS) and precinct committeemen (PCs) to fill a legislative vacancy. Requires the state party chairperson to fill a legislative vacancy if the county BOS fails to fill the vacancy.
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 chairperson, who must call a meeting of the PCs within three business days. To fill the vacancy, within 21 days after notification of the vacancy by the SOS if the legislature is not in regular session or within 5 days if the legislature is in regular session, 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 chairperson must forward the names of the three persons to the appropriate county BOS who must appoint one of the electors. If there are fewer than 30 PCs, the SOS must notify the appropriate county BOS, who must appoint a citizens panel within seven business days after notification of the vacancy by the SOS 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. Prescribes a timeframe for the county BOS to fill a vacant legislative office by requiring the county BOS to make the appointment within:
a) 5 calendar days of receiving the names of the nominees, if the Legislature is in session; or
b) 21 calendar days of receiving the names of the nominees, if the Legislature is not in session.
2. Requires the state party chairperson, if the county BOS fails to fill the vacancy within five calendar days of receiving the names, to appoint a person to fill the vacancy from the three nominees submitted:
a) within five calendar days, if the list of names is submitted by the PCs; or
b) within three calendar days, if the list of names is submitted by the citizens panel.
3. Requires the state party chairman, if the county BOS fails to fill the vacancy, to appoint a person to fill the vacancy from the three nominees submitted within five calendar days after the time for the county BOS to fill the vacancy has elapsed.
4. Requires the state party chairperson, after notification of the vacancy by the SOS, to give written notice of the meeting for selecting nominees to all PCs in the appropriate legislative district and county within three calendar days rather than three business days.
5. Requires the PCs' meeting for selecting nominees to occur within:
a) 5 calendar days of the written notice of the meeting for selecting nominees, if the Legislature is in session; or
b) 21 calendar days of the written notice of the meeting for selecting nominees, if the Legislature is not in session.
6. Requires a citizens panel to select three nominees, if the PCs fail to select nominees.
7. Requires the county BOS to appoint a citizens panel within seven calendar days, rather than seven business days, of notification of the vacancy by the SOS.
8. Requires the citizens panel meeting for selecting nominees to occur within:
a) 5 calendar days of being appointed, if the Legislature is in session; or
b) 21 calendar days of being appointed, if the Legislature is not in session.
9. Requires, if a nominee withdraws from consideration, the state party chairman to immediately nominate an alternative qualified elector to fill the vacancy, who:
a) meets the requirements for service in the Legislature;
b) belongs to the appropriate political party; and
c) resides in the appropriate legislative district and county immediately before the vacancy.
10. Makes technical and conforming changes.
11. Becomes effective on the general effective date.
