REFERENCE TITLE: county elected officials; vacancy

State of Arizona
House of Representatives
Forty-ninth Legislature
Second Regular Session
2010

HB 2691
Introduced by
Representative Seel

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)

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 HB 2691

1 Be it enacted by the Legislature of the State of Arizona:

2 Section 1. Section 16-230, Arizona Revised Statutes, is amended to
3 read:
4 16-230. Vacancy in certain state or county offices; election
5 A. Notwithstanding any other statute and except as prescribed by
6 subsection C of this section, for state and county offices that provide for a
7 four-year term of office, the following applies if there is a vacancy in
8 office due to death, disability, resignation or any other cause:
9 1. If a state office becomes vacant, the governor shall appoint a
10 person of the same political party as the person vacating the office to fill
11 the portion of the term until the next regular general election. If the
12 vacancy occurs within the first two years of the term, and before the date on
13 which a nomination paper is required to be filed as prescribed by section
14 16-311, a primary election shall be held as otherwise provided by law to
15 determine candidates to fill the unexpired term. At the next regular general
16 election, the person elected shall fill the remainder of the unexpired term
17 of the vacant office.
18 2. If a county office becomes vacant, the board of supervisors shall
19 appoint a person FROM THE THREE NOMINEES SUBMITTED PURSUANT TO THIS
20 PARAGRAPH. THE PERSON APPOINTED SHALL BE A MEMBER of the same political
21 party as the person vacating the office to fill the portion of the term until
22 the next regular general election. If the vacancy occurs within the first
23 two years of the term, and before the date on which a nomination paper is
24 required to be filed as prescribed by section 16-311, a primary election
25 shall be held as otherwise provided by law to determine candidates to fill
26 the unexpired term. At the next regular general election, the person elected
27 shall fill the remainder of the unexpired term of the vacant office. THE
28 THREE NOMINEES FOR THE VACANCY SHALL BE SELECTED AS FOLLOWS:
29 (a) THE CLERK OF THE BOARD OF SUPERVISORS SHALL NOTIFY THE COUNTY
30 PARTY CHAIRMAN OF THE APPROPRIATE POLITICAL PARTY OF THE VACANCY. WITHIN
31 FIVE BUSINESS DAYS AFTER THE NOTIFICATION, THE COUNTY PARTY CHAIRMAN OR THE
32 CHAIRMAN'S DESIGNEE SHALL GIVE WRITTEN NOTICE OF THE MEETING TO FILL THE
33 VACANCY TO ALL OF THE MEMBERS OF THE COUNTY POLITICAL PARTY'S EXECUTIVE
34 COMMITTEE OR TO THE COMMITTEE PERFORMING A SIMILAR FUNCTION FOR THE POLITICAL
35 PARTY, HOWEVER DENOMINATED.
36 (b) WITHIN THIRTY DAYS AFTER RECEIPT OF NOTICE BY THE COUNTY PARTY
37 CHAIRMAN, THE EXECUTIVE COMMITTEE OF THE COUNTY POLITICAL PARTY SHALL MEET
38 AND BY A MAJORITY VOTE NAME THREE QUALIFIED ELECTORS TO FILL THE VACANCY WHO
39 MEET THE REQUIREMENTS FOR SERVICE IN THE OFFICE AND WHO BELONG TO THE SAME
40 POLITICAL PARTY AND RESIDE IN THE SAME COUNTY AS THE PERSON VACATING THE
41 OFFICE.
42 (c) THE MEETING TO FILL THE VACANCY IS SUBJECT TO TITLE 38, CHAPTER 3,
43 ARTICLE 3.1 AND THE COUNTY PARTY CHAIRMAN OF THE APPROPRIATE POLITICAL PARTY
44 SHALL OVERSEE THE NOMINATIONS.

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 HB 2691

1 (d) IF THE COUNTY POLITICAL PARTY EXECUTIVE COMMITTEE FAILS TO SUBMIT

2 THREE NOMINEES WITHIN THE TIME PRESCRIBED BY THIS SUBSECTION, THE COUNTY
3 PARTY CHAIRMAN SHALL NOTIFY THE BOARD OF SUPERVISORS AND THE BOARD OF
4 SUPERVISORS SHALL FILL THE VACANCY AS OTHERWISE PROVIDED BY LAW.
5 B. A person who is elected to fill the remainder of an unexpired term
6 of a vacant office pursuant to subsection A of this section may take the oath
7 of office and begin the remainder of the term of office at any time within
8 ninety days after the canvass of the election. A person who is appointed
9 pursuant to subsection A of this section shall remain in office until the
10 person elected pursuant to this subsection takes the oath of office.
11 C. This section does not apply to the office of governor.

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