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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
absence; state elected officials
Purpose
Requires the Governor to choose a member of the executive department to be excused during the inauguration of state elected officials and any address where the members of the executive department are in attendance. Requires the Department of Public Safety (DPS) to establish a protective detail to protect the excused elected official and prescribes requirements for the protective detail.
Background
The Legislature declares that recent technological developments make it possible for an enemy attack of unprecedented destructiveness which may result in the death or inability of a large portion of the elected officials of the government of the state and the political subdivisions of the state. During an attack, conforming to existing legal requirements for filling vacancies would be impractical, result in undue delay and jeopardize continuity of civil government. Therefore, it is necessary to adopt special provisions for continuity of all echelons of civil government in Arizona (A.R.S. § 38-381).
In the event of an attack, after which the duly elected Governor or the Governor's successor are unavailable to serve due to death or other reasons, the Legislature, in emergency session, must designate a temporary governor to serve until conditions permit compliance with constitutional mandates for filling the vacancy. The designee must be of the same political party as the duly elected Governor and may exercise full powers and duties of the office during the temporary appointment (A.R.S. § 38-383).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires, by choice of the Governor, either the Lieutenant Governor, Secretary of State, Attorney General, State Treasurer or Superintendent of Public Instruction to be absent from the vicinity of the seat of government during the inauguration of state elected officials, the annual Governor's State of the State Address or any other state address by the Governor where members of the executive department participate or are in attendance.
2. Requires the excused elected official to remain at least 35 miles away from the seat of the government during the event.
3. Requires DPS to establish a protective detail to care for and protect the excused elected official.
4. Requires the protective detail to provide:
a) safe and secure housing during the event;
b) safe transportation with an appropriate escort;
c) appropriate and secure communications; and
d) a secure announcement to all agency directors as to the excused elected official who would represent continuity of state government and a line of succession.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 15, 2026
AN/KP/ci