Tuesday, October 4th, 2005...2:16 pm
Gone Gone Gone…
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Rep. David Burnell Smith’s motion for a rehearing on his campaign finance violations was denied today. According to past case law, this means that his seat is vacant, no matter how much noise he makes.
The machinery to put appoint a replacement will begin as soon as the judge officially notifies the Secretary of State of the vacancy. Eventually, the Maricopa County Board of Supervisors will appoint a replacement.
Say, anyone know what happens if the Maricopa County Supervisors re-appoint Smith? Unlikely, given the tensions between them and the legislature. But, expect there to be a move from the activists to do that.
The Clean Elections Institute hasn’t yet put the news on their site, but check in there later and find more details.
2 Comments
October 5th, 2005 at 8:58 am
I don’t mind your putting up the picture of Smith, but it’s too bad that blogger (as far as I know) doesn’t have the machinery in place for you to put a big red circle with a bar through it over his face, or a big X. Or better yet, the picture swirling down a flushing toilet.
I just hope the county board of supervisors has the good sense to do as you say, and not appoint Smith to replace himself. If they did though, I suspect you’d see voter backlash because even those who might be inclined to support Smith would consider such a move a breech of duty. It would likely lead to a drive for a general purpose constitutional amendment that would specify that no one could be appointed to a vacancy in which they would succeed themselves.
You will almost certainly see Smith running for the seat next year, though, so hopefully they will appoint someone who won’t give up the seat without a fight.
October 7th, 2005 at 11:28 pm
Well, the Supes will have to have three to choose from, so the GOP committee can’t completely force their hands. But Smith could be among those three, presumably.
There isn’t an answer to whether Smith could serve. I suspect that the courts would hold that Smith is not legally a ‘qualified’ nominee since forfeiture of office is the punishment meted out by Clean Elections. To allow his reappointment would in effect nullify state law. If you got the right judge, that might happen. But it wouldn’t survive review, I’m sure.
Smith may have some fight left in him, but it’s the flopping in the bottom of the boat variety, not the just hooked and still in the water type.
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