ARIZONA HOUSE OF REPRESENTATIVES

Fifty-fifth Legislature

Second Regular Session

Senate: GOV DP 4-3-0-0 | 3rd Read 17-11-2-0


SB 1509: state officers; residency requirements

Sponsor: Senator Petersen, LD 12

Committee on Government & Elections

Overview

Stipulates that a deputy or assistant of an elected officer is required to be a citizen of the United States.

History

Current statute defines officer as the incumbent of any office, member of any board or commission, or the deputy or assistant exercising the powers and duties of the officer (A.R.S. § 38-101).

An officer must be 18 years of age, a citizen of the United States and a resident of Arizona. Unless the person is a citizen of the United States, they are prohibited from occupying any office, employment or service in any public institution in the state or in any of the several counties whether by contract, appointment or election. To hold a state, county, city, town or precinct office in the state the person is also required to speak, write and read in English whether elected or appointed (A.R.S. § 38-201).

An officer is authorized to appoint deputies and assistants when permitted by law. Any appointment of deputies and assistants must be in writing and filed in the office of the Secretary of State by the state officer (A.R.S. § 38-461). Unless otherwise provided, the deputy of a state officer holds the powers and can perform duties prescribed by law for the office of the principal (A.R.S. § 38-462).

Provisions

1.   ☐ Prop 105 (45 votes)	     ☐ Prop 108 (40 votes)      ☐ Emergency (40 votes)	☐ Fiscal NoteRequires a deputy or assistant of an elected officer to be a citizen of the United States but is not required to be a resident of this state. (Sec. 1)

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

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6.                     SB 1509

7.   Initials SJ/BSR     Page 0 Government & Elections

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