Friday, June 5th, 2009...9:08 am
Huppenthal Steps In It Again?
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Our good friend John Huppenthal bragged to the Arizona Guardian that he is already collecting signatures for a run for Superintendent of Public Instruction. He’s claiming that this is not a violation of the state’s resign to run law because he isn’t actually filed.
Eh?
Okay…there are three possibilities:
- Huppenthal is filed and is collecting signatures meaning he is a candidate and should resign.
- Huppenthal is not filed so he doesn’t have to resign. This, of course, would mean that he is wasting time collecting signatures since the signatures he collects before filing wouldn’t count.
- Huppenthal is not filed (but has an exploratory committee open) and is not collecting signatures, but is bragging about getting signatures either on the off chance that this will intimidate other candidates or just because he likes the sound of his own voice.
So, three possibilities: one meaning Huppenthal would have to resign his office, one meaning he ain’t all that smart and the third meaning he’s a fibber. Which is it, John?
14 Comments
June 5th, 2009 at 11:08 am
Huppenthal seems to have some problems with breaking the law:
http://www.ahwatukee.com/news/charges-5011-huppenthal-police.html
June 5th, 2009 at 11:17 am
At least he didn’t say he was “absolutely” going to run (for governor) like our intrepid AG.
June 5th, 2009 at 11:34 am
You missed an option…
A. Resign
B. Stupid
C. Liar
D. B and C
I say D
June 5th, 2009 at 1:59 pm
Kind of reminds me of Tim Bee…
June 5th, 2009 at 4:39 pm
GE:
Innocent until proven guilty,
Coffin v. United States, 156 U.S. 432 (1895)
June 5th, 2009 at 8:57 pm
I am looking forward to an Espresso Pundit post on Huppenthal. What odds can I get?
June 5th, 2009 at 10:38 pm
Nothing to see here, move along. IOKIYAR.
June 8th, 2009 at 8:33 am
Here are the applicable laws:
.azsos.gov/election/2008/Info/Candidates_and_Political_Committees/Candidates_and_political_committees.pdf
A Handbook For Candidate and Political Committees (2008), Arizona Secretary of State
(Page 6)
IMPORTANT REQUIREMENTS
Any political committee that intends to accept contributions or make expenditures of more than $500 shall file a Statement of Organization with the filing officer BEFORE:
1. accepting contributions
2. making expenditures
3. distributing any campaign literature
4. circulating petitions
OR
Any political committee that intends to accept contributions or make expenditures of $500 or less shall file a $500 Threshold Exemption Statement with the filing officer BEFORE:
1. accepting contributions
2. making expenditures
3. distributing any campaign literature
4. circulating petitions
A political committee that has filed a $500 Threshold Exemption Statement and receives contributions or makes expenditures of more than $500 shall file a Statement of Organization with the filing officer within five business days after exceeding the $500 limit.
A.R.S. § 16-902.01.
—
Arizona Constitution Article 22, Section 18. Nomination of incumbent public officers to other offices
Section 18. Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, State or federal office.
Arizona Revised Statutes Sec. 38-296. Limitation upon filing for election by incumbent of elective office
A. Except during the final year of the term being served, no incumbent of a salaried elective office, whether holding by election or appointment, may offer himself for nomination or election to any salaried local, state or federal office.
B. An incumbent of a salaried elected office shall be deemed to have offered himself for nomination or election to a salaried local, state or federal office upon the filing of a nomination paper pursuant to section 16-311, subsection A or formal public declaration of candidacy for such office whichever occurs first.
C. The resignation of the incumbent elective officer duly filed in writing with the officer, board or commission having jurisdiction of the office shall, if not accepted within ten days, be deemed to have become effective as of the date of filing.
D. This section shall not be construed to prohibit a person whose resignation from office has become effective from qualifying as a candidate for another office during the unexpired portion of the term affected by the resignation, nor shall it apply to any incumbent elective officer who seeks re-election to the same office or to any other public office during the final year of the term to which he has been so elected.
E. A person violating any provision of this section is guilty of misfeasance in office and the office held by such person shall be declared vacant.
– The law is enforced by a Qou Warranto action, see Conrad Joyner v. Rose Mofford and Robert Corbin, 706 F.2d 1523 (1983):
“Under Arizona Revised Statutes Secs. 12-2041 and 12-2042, the Arizona Attorney General and County Attorney may bring a quo warranto action against a state official who runs for [federal] office in violation of Article 22, Sec. 18 to force him to resign from the state position and to declare that position to be vacant.”
12-2041. Action by attorney general; venue
A. An action may be brought in the supreme court by the attorney general in the name of the state upon his relation, upon his own information or upon the verified complaint of any person, in cases where the supreme court has jurisdiction, or otherwise in the superior court of the county which has jurisdiction, against any person who usurps, intrudes into or unlawfully holds or exercises any public office or any franchise within this state.
B. The attorney general shall bring the action when he has reason to believe that any such office or franchise is being usurped, intruded into or unlawfully held or exercised.
12-2042. Action by county attorney
An action may be brought in the superior court by the county attorney in the name of the state upon his own information or upon the verified complaint of any person, against any person who usurps, intrudes into or who unlawfully holds or exercises any public office or any franchise within his county. The county attorney shall bring the action when he has reason to believe that any such office or franchise is being usurped, intruded into or unlawfully held or exercised.
12-2043. Failure of attorney general or county attorney to bring action for claimant of office
A. If the attorney general or the county attorney refuses to bring an action as provided for in sections 12-2041 and 12-2042, upon information or at the request of any person claiming such office or franchise, the person may apply to the court for leave to bring the action in his own name and may so bring it if leave therefor is granted.
B. Notice of the application shall be given to the attorney general or the county attorney as the case may be.
June 9th, 2009 at 11:33 am
The Arizona Guardian story you referenced was in error, and the Guardian has admitted and corrected the error.
The Arizona Capitol Times on June 8, 2009 reported on the story:
Sen. John Huppenthal says he has no intention of resigning after an online publication accused him of violating the state’s resign-to-run law by collecting nominating petition signatures for another elected post.
The issue was raised by the Arizona Guardian, an online political news publication, which reported June 5 that state law prohibits elected officials from collecting signatures for another elected office.
However, Arizona’s resign-to-run law doesn’t expressly state that. The law, which was created more than 25 years ago, states that an elected official must be in the final year of his or her term before becoming a candidate for another office. If not, the official is forced to resign.
Statute says an official runs afoul of the law and “shall be deemed to have offered himself for nomination or election…upon the filing of a nomination paper…or formal public declaration of candidacy.”
“I don’t think there’s much gray area about this,” Huppenthal said.
The Chandler Republican is exploring a bid for state Superintendent of Public Instruction in next year’s election and said he and other volunteers have been gathering signatures on nominating petitions for weeks.
Huppenthal said he sought legal advice before gathering signatures and was told by his attorney that an Attorney General’s opinion from 1993 allows him to solicit signatures in advance of actually becoming a candidate.
“…(A)s long as an incumbent’s conduct and statements do not constitute a formal declaration of candidacy and he does not file a nomination paper, he has not violated (the law),” Attorney General Grant Woods wrote.
The legal opinion was requested by then-Secretary of State Richard Mahoney, and largely focused on whether an exploratory committee would force an elected official to resign from office.
Huppenthal said he has taken extreme caution to let people know his campaign is merely exploratory.
“I’ve said the words, ‘I’m exploring,’ 8,000 times. I say it in every breath,” he said.
June 9th, 2009 at 11:46 am
I thought you had to file paperwork before gathering petitions.
June 9th, 2009 at 12:30 pm
At any rate, it’s clear that any signatures he’s gathered thus far are invalid.
June 9th, 2009 at 6:11 pm
But the act of gathering signatures CLEARLY shows intent.If he runs, this could bite him on the ass, and hard. So, if the Sup of Public Instruction gets ousted, what happens? is there a special election or does the governor get to appoint someone?
June 9th, 2009 at 11:30 pm
Ahem…the IOKIYAR dictum holds that a Republican elected official can paint “I AM A CANDIDATE FOR (X) OFFICE” on his/her body and traipse through the Capitol lawn collecting signatures and remain in their current office. But should a Democratic elected official show a slight uptick in the number of speeches given or political events attended, s/he must resign to run posthaste. Just ask some of our favorite local RW bloggers, who have yet to comment on Huppenthal (but have plenty to say about Terry Goddard).
June 10th, 2009 at 7:20 am
Huppenthal for state supe? Horne for AG? What have we done to Republicans that they should treat us so nicely?
I guess dreams CAN come true!