A MEMORIAL

urging the governor of the state of Arizona and the Arizona state senate not to attempt the removal of one or more redistricting commissioners or, in the alternative, to remove commissioners Scott Freeman and Richard Stertz.

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To the Governor of the State of Arizona:

Your memorialist respectfully represents:

Whereas, the people of the State of Arizona have enacted a ballot measure to govern the process of redistricting, and that ballot measure was designated "Proposition 106" in the 2000 general election; and

Whereas, Proposition 106 provides for an independent redistricting commission to draw legislative and congressional district lines, with the Legislature's role limited to providing recommendations on the proposed district lines to the independent redistricting commission; and

Whereas, Proposition 106 further provides that after having been served with written notice and provided with an opportunity for a response, a member of the independent redistricting commission may be removed by the governor, with the concurrence of two-thirds of the senate, for substantial neglect of duty, gross misconduct in office, or inability to discharge the duties of office; and

Whereas, the Governor of the State of Arizona has by letter accused certain members of the independent redistricting commission of substantial neglect of duty and gross misconduct in office, and may attempt to remove from office one or more of the independent redistricting commissioners; and

Whereas, the Senate of the State of Arizona disagrees with the purported attempt of the Governor to remove one or more members of the independent redistricting commission, as having no basis in fact or law; and

Whereas, the Senate of the State of Arizona, asserts that the Governor of the State of Arizona has an insufficient basis in fact and in law for removing any of the independent redistricting commissioners, and that the Senate of the State of Arizona has insufficient basis in fact or in law to concur with any purported removal action by the Governor.

Wherefore your memorialist, the Senate of the State of Arizona, prays:

1.  That the Governor withdraw any purported request for removal of one or more independent redistricting commissioners.

2.  That the Senate refuse to concur in any purported removal action against one or more independent redistricting commissioners.

3.  That, in the alternative, the Senate concur only in the removal of commissioners Scott Freeman and Richard Stertz from the independent redistricting commission.

4.  That the Secretary of the Senate of the State of Arizona transmit a copy of this Memorial to the Governor of the State of Arizona.