Bill Text: AZ HB2691 | 2010 | Forty-ninth Legislature 2nd Regular | Introduced
Bill Title: County elected officials; vacancy
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-02-11 - Referred to House JUD Committee [HB2691 Detail]
Download: Arizona-2010-HB2691-Introduced.html
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REFERENCE TITLE: county elected officials; vacancy |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2691 |
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Introduced by Representative Seel
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AN ACT
AMENDING SECTION 16-230, Arizona Revised Statutes; RELATING TO VACANCY IN CERTAIN STATE OR COUNTY OFFICES.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 16-230, Arizona Revised Statutes, is amended to read:
16-230. Vacancy in certain state or county offices; election
A. Notwithstanding any other statute and except as prescribed by subsection C of this section, for state and county offices that provide for a four‑year term of office, the following applies if there is a vacancy in office due to death, disability, resignation or any other cause:
1. If a state office becomes vacant, the governor shall appoint a person of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16‑311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office.
2. If a county office becomes vacant, the board of supervisors shall appoint a person from the three nominees submitted pursuant to this paragraph. the person appointed shall be a member of the same political party as the person vacating the office to fill the portion of the term until the next regular general election. If the vacancy occurs within the first two years of the term, and before the date on which a nomination paper is required to be filed as prescribed by section 16‑311, a primary election shall be held as otherwise provided by law to determine candidates to fill the unexpired term. At the next regular general election, the person elected shall fill the remainder of the unexpired term of the vacant office. The three nominees for the vacancy shall be selected as follows:
(a) The clerk of the board of supervisors shall notify the county party chairman of the appropriate political party of the vacancy. Within five business days after the notification, the county party chairman or the chairman's designee shall give written notice of the meeting to fill the vacancy to all of the members of the county political party's executive committee or to the committee performing a similar function for the political party, however denominated.
(b) Within thirty days after receipt of notice by the county party chairman, the executive committee of the county political party shall meet and by a majority vote name three qualified electors to fill the vacancy who meet the requirements for service in the office and who belong to the same political party and reside in the same county as the person vacating the office.
(c) The meeting to fill the vacancy is subject to title 38, chapter 3, article 3.1 and the county party chairman of the appropriate political party shall oversee the nominations.
(d) If the county political party executive committee fails to submit three nominees within the time prescribed by this subsection, the county party chairman shall notify the board of supervisors and the board of supervisors shall fill the vacancy as otherwise provided by law.
B. A person who is elected to fill the remainder of an unexpired term of a vacant office pursuant to subsection A of this section may take the oath of office and begin the remainder of the term of office at any time within ninety days after the canvass of the election. A person who is appointed pursuant to subsection A of this section shall remain in office until the person elected pursuant to this subsection takes the oath of office.
C. This section does not apply to the office of governor.
