legislature; vacancy; precinct committeemen
Purpose
Allows precinct committeeman (PCs) or a citizen's panel, depending on circumstances, to nominate to the board of supervisors three individuals to fill a legislative vacancy.
Background
If a vacancy occurs in the Legislature, current law requires the appropriate board of supervisors to fill the vacancy within ten days . H.B. 2586 allows certain PCs or
citizen's panels to nominate individuals to fill a vacancy.
Supporters of H.B. 2586 state that it allows a more democratic way to replace legislators and
will motivate people to become involved at the grass roots level. Since 1985, 15 legislative vacancies
have occurred, seven as a result of AZSCAM.
Similar legislation has been introduced in at least three previous sessions and failed.
There is no fiscal impact to the state general fund.
Provisions
1. Repeals the existing system for filling legislative vacancies.
2. Requires the Secretary of State to notify the state party chairman of the appropriate political party of a legislative vacancy when there are thirty or more elected PCs from precincts within
the affected district and county of the outgoing legislator.
3. Requires the state party chairman, within three business days of notification, to give written notice to elected PCs of the appropriate political party from qualifying precincts of a meeting
to select nominees to fill the vacancy.
4. Requires the PCs to make their selections by majority vote within 21 days after the Secretary of State's notification if the legislature is not in session and within five days if it is in session.
Fifty percent of the selected PCs in the district, or their proxies, constitute a quorum.
5. Specifies the use of a proxy.
FACT SHEET
H.B. 2586 - Final Revised
Page
6. Subjects the meeting to fill the vacancy to open meeting laws.
7. Requires the county board of supervisors in districts where there are insufficient qualifying PCs or where the PCs fail to make nominations, to appoint a citizen's panel to make
nominations to the board. The board must appoint the citizen panel within three business
days after the vacancy occurs.
8. Requires the citizen panel to nominate three qualified electors to the board of supervisors within seven business days. To be eligible for nomination, a person must belong to the same
political party and reside in the same legislative district as the person who held the position
immediately before the vacancy.
9. Requires the board of supervisors to appoint one person, by a majority vote, from the names submitted by the citizen panel within five business days after receiving the names. (A deadline
is not specified if the PCs make the nomination.) In districts comprised of more than one
county, the board of supervisors of the county of the outgoing legislator fills the vacancy.
10. Defines "appropriate political party" as the party affiliation of the person who held the position immediately before the vacancy.
11. Contains a general effective date.
Amendments Adopted by Committee
1. Allows appointed PCs to join with elected PCs in filling a legislative vacancy.
2. Specifies that PCs must be in place at the time of the vacancy in order to vote for a replacement.
3. Requires the state party chairman to give five days notice of a PC meeting to fill the vacancy and that reasonable notice of that meeting includes filing with the Secretary of State.
4. Clarifies that the state party chairman presides at the meeting to fill the legislative vacancy.
5. Allows PCs to permit the use of a proxy of their vote by the state chairman.
6. Clarifies that a majority of the PCs and proxies present will decide who fills the vacancy.
7. Specifies the state chairman must file, within 21 days of notice of the legislative vacancy, a certification with the Secretary of State that the actions of the PCs comported with the law.
Amendments Adopted by Committee of the Whole
1. Narrows scope of bill to only those legislative districts entirely within Maricopa County.
Amendments Adopted by Conference Committee
1. Eliminates the ability of PCs to fill vacancies directly, specifying under what conditions they might nominate replacements instead.
House Action Senate Action
FMSR 2/11/99 DP 4-2-0-0-0 JUD W/D
3rd Read 2/24/99 31-24-5-0 GES 3/22/99 DPA 8-1-0-0
Final Read 5/6/99 41-13-6-0 3rd Read 20-8-2-0
Final Read 5/6/99 16-14-0
Signed by Governor 5/19/99
Chapter 342
Prepared by Senate Staff
June 10, 1999
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