Yesterday's resignation by LD-6 Senator Pamela Gorman (with more to come including LD-7 Senator Jim Waring, LD-30 Senator Jonathan Paton & LD-6 Rep. Sam Crump) to run for high office, we have been asked just how are these legislators replaced?
Here is the Arizona Revised Statute Title 41:
41-1201. Definition of vacancy
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01201.htm&Title=41&DocType=ARS
In this article, unless the context otherwise requires, "vacancy" means a vacancy as defined by section 38-291** and includes a vacancy which occurs before the person has taken the oath of office as provided by section 41-1101.
41-1202. Vacancy in legislature; precinct committeemen; appointment; definition
http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/41/01202.htm&Title=41&DocType=ARS
A. If a vacancy occurs in the legislature and the vacant seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2** and that has at least thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred, the following apply:
1. The secretary of state shall notify the state party chairman of the appropriate political party of the vacancy. Within three business days after notification of the vacancy by the secretary of state, the state party chairman of the appropriate political party or the chairman's designee shall give written notice of the meeting to fill the vacancy to all elected precinct committeemen of the appropriate political party from precincts that are in the legislative district and that are in the county in which the vacancy occurred.
2. Those elected precinct committeemen shall nominate, within twenty-one days after notification of the vacancy by the secretary of state if the legislature is not in regular session or within five days if the legislature is in regular session and by a majority vote, three qualified electors to fill the vacancy who meet the requirements for service in the legislature and who belong to the same political party and reside at the time of nomination in the same district and county as the person elected to or appointed to the office immediately before the vacancy.
3. The meeting to fill the vacancy is subject to title 38, chapter 3, article 3.1**, and the state party chairman of the appropriate political party shall oversee the nominations. Fifty per cent or more of the elected precinct committeemen of the district who are in the legislative district and from the county in which the vacancy occurred, or their proxies, meeting together constitutes a quorum for the purposes of this subsection. A precinct committeeman may choose to permit the use of a proxy that:
(a) Is given by the precinct committeeman to another elected precinct committeeman for the legislative district in which the vacancy occurred for use at the meeting to fill the vacancy.
(b) Only is valid for the length of the meeting for which it was given.
(c) Is attested by a notary public or two witnesses.
4. The state party chairman of the appropriate political party shall forward the names of the three persons named pursuant to paragraph 2 of this subsection to the board of supervisors of the county of residence of the person elected or appointed to the office immediately before the vacancy occurred. The board of supervisors shall appoint a person from the three nominees submitted.
5. If the elected precinct committeemen of the appropriate political party fail to fill the vacancy within twenty-one days if the legislature is not in regular session or within five days if the legislature is in regular session, as provided in subsection A, the state party chairman shall notify the board of supervisors of the appropriate county and the board of supervisors shall fill the vacancy as provided in subsection B. The time frame for appointing a citizens panel shall run from receipt of notification from the state party chairman.
B. If the vacant legislative seat was represented by a political party that is organized pursuant to title 16, chapter 5, article 2 and that has fewer than thirty elected committeemen who are from precincts that are in the legislative district and that are in the county in which the vacancy occurred or if the vacant legislative seat is not represented by a political party that is organized pursuant to title 16, chapter 5, article 2, the following apply:
1. The board of supervisors of the county of residence of the person elected to or appointed to the office immediately before the vacancy shall appoint within three business days after a vacancy occurs a citizens panel to submit to the board within seven business days the names of three qualified electors who are members of the appropriate political party and who are residents of the legislative district and county in which the vacancy occurred to fill the vacancy. If the person elected to or appointed to the office immediately before the vacancy was a registered independent, the qualified electors shall be registered as independent.
2. Within five business days after receiving the list of names submitted by the panel and by a majority vote of all of the supervisors sitting as a board, the board of supervisors shall appoint one person from the list of names submitted by the panel to fill the vacancy.
C. For the purposes of this section, "appropriate political party" means the same political party of which the person who was elected to or appointed to the office was a member immediately before the vacancy occurred.
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=16
title 16, chapter 5, article 2
16-821. County committee; vacancy in office of precinct committeeman
A. At the primary election the members of a political party entitled to representation pursuant to section 16-804 residing in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof registered in the party in the precinct as reported pursuant to section 16-168, subsection G on March 1 of the year in which the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party.
B. The board of supervisors upon the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman elected at the primary election prior to the date of a state or county committee organizing meeting shall be permitted to vote at such meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.
16-822. Precinct committeemen; eligibility; vacancy; duties
A. Any member of a recognized political party who is a registered voter in the precinct is eligible to seek the office of precinct committeeman of his party in that precinct.
B. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is less than or equal to the number of precinct committeeman positions, the county board of supervisors may cancel the election for those positions not sooner than seventy-five days before the election and appoint the person who filed the nominating petition to fill the position. If no person has filed a nominating petition to fill a position, the position is deemed vacant and shall be filled as otherwise provided by law. A precinct committeeman who is appointed pursuant to this subsection after filing a nominating petition shall be deemed and elected precinct committeeman.
C. If the number of persons who file nominating petitions for an election to fill precinct committeeman positions is more than the number of precinct committeeman positions for a recognized political party in a precinct, a separate ballot shall be prepared for the election of precinct committeemen for the political party in that precinct. The ballot shall conform as nearly as practicable to ballot requirements in this title, and to the official ballot prepared for that party in the primary election, but shall be designated as the "official ballot for electing precinct committeemen of the __________ party, primary election (date), __________ precinct, __________ county, state of Arizona." Only persons who are registered as members of that political party in that precinct may vote that precinct committeeman ballot. The election board or official shall provide the partisan precinct committeeman ballot to voters who are registered with that party in addition to the official ballot prepared for that party in the primary election.
D. In addition to other provisions of law regarding removal from office, a vacancy shall exist in the office of precinct committeeman when the precinct committeeman moves from the precinct from which elected or changes his political party from the party in which he was elected.
E. The minimum duties of a precinct committeeman shall be to assist his political party in voter registration and to assist the voters of his political party to vote on election days. Additional duties shall be as provided for in the state committee bylaws of the party of which he is a member.
16-823. Legislative district committee; organization; boundary change; reorganization
A. A political party entitled, pursuant to section 16-801 or 16-804, to representation on the ballot may establish a district party committee for any legislative district as prescribed by law.
B. A district party committee established pursuant to subsection A of this section shall consist of the precinct committeemen residing in the district and elected pursuant to section 16-821.
C. Each district party committee established pursuant to subsection A of this section shall meet no earlier than the second Saturday after the general election provided for in section 16-211 and no later than the first Saturday in the following December and organize by electing from its membership a chairman, two vice-chairmen, a secretary and a treasurer. The latter two offices may be filled by the same person. The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides.
D. Each district party committee established pursuant to subsection A of this section shall meet after the effective date of reapportionment legislation that realigns or changes legislative district boundaries and organize according to the new boundaries, electing from its membership a chairman, two vice-chairmen, a secretary and a treasurer. The latter two offices may be filled by the same person. The chairman of the district committee is ex officio a member of the county committee of the county in which a plurality of the district's registered voters resides. The effective date for reapportionment legislation as provided in this subsection shall be as provided in article IV, part 1, section 1, Constitution of Arizona.
E. In the event the reapportionment legislation is challenged in court or by the United States justice department, the district organizations in effect before the passage of the reapportionment legislation shall continue to function along with the new district organizations created in accordance with subsection D of this section until the final settlement or adjudication of any legal challenge to the reapportionment legislation. Upon the final settlement or adjudication of any legal challenge to the reapportionment legislation the district organizations in effect before the enactment of the reapportionment legislation are considered dissolved.
F. If the boundaries of any district are changed as a result of legal action, each district party committee in that district shall meet as soon as possible and organize according to the boundaries that result from the legal action. Upon organization pursuant to this subsection all prior district organizations are dissolved.
G. For purposes of the election prescribed in subsection D of this section the district committee shall consist of all precinct committeemen residing in the district who were serving in such position at least thirty days prior to the enactment of reapportionment legislation.
16-824. Meeting, organization and officers of county committee
A. The county committee shall meet for the purpose of organizing no earlier than ten days after the last organizing meeting of the legislative districts which are part of the county, and in any event no later than the second Saturday in January of the year following a general election. The county committee shall elect from its membership a chairman, a first vice-chairman, a second vice-chairman, a secretary and a treasurer. The latter two offices may be filled by the same person. The chairman of the county committee shall be ex officio a member of the state committee.
B. The chairman of the county committee shall give notice of the time and place of such meeting by mail to each precinct committeeman at least ten days prior to the date of such meeting.
16-825. State committee
The state committee of each party shall consist, in addition to the chairman of the several county committees, of one member of the county committee for every three members of the county committee elected pursuant to section 16-821. The state committeemen shall be chosen at the first meeting of the county committee from the committee's elected membership.
16-825.01. State committee; vacancy; filling of vacancy
A. In counties with populations of less than five hundred thousand persons, a vacancy shall exist in the state committee when a member moves from the county from which elected. In counties with populations of five hundred thousand or more persons, a vacancy shall exist in the state committee when a member moves from the legislative district from which elected. All members must be a member of their county committee.
B. In the event of a vacancy in the office of state committeeman, in counties with populations of less than five hundred thousand persons, such vacancy shall be filled by appointment made by the state chairman with the advice and consent of the county chairman of the county in which the vacancy occurred. In counties with populations of five hundred thousand or more persons, such vacancy shall be filled by appointment made by the state chairman with the advice and consent of the county chairman of the county in which the vacancy occurred and the district chairman of the district in which the vacancy occurred, and shall be filled by a person who resides in the same district in which the vacancy occurred.
16-826. Meeting, organization and officers of state committee
A. The state committee shall meet no earlier than ten days after the last county meeting of the party and in any event no later than the fourth Saturday in January following a general election and organize by electing from its membership a chairman, a secretary and a treasurer.
B. The chairman of the state committee shall cause notice of the time and place of the meeting to be mailed to each state committeeman at least ten days before the date of the meeting.
16-827. Executive committee of state committee
The executive committee of the state committee shall consist of the elected officers of the state committee, the national committeeman and committeewoman, the county chairman and first and second county vice-chairmen from each county, and three members at large from each congressional district. State committee bylaws may provide for additional voting or ex officio members of the executive committee of the state committee. The chairman of the state committee shall be ex officio chairman of the executive committee.
16-828. Proxies
A. A political party may choose, through its bylaws, to allow the use of proxies at its meetings, in which event the following shall be minimum regulations:
1. No proxy shall be given by a member of the state committee for use at a meeting of the committee except to a qualified elector of the county where the member resides.
2. No proxy shall be given by a member of the county committee for use at a meeting of the committee except to a qualified elector of the precinct where the member resides.
B. The duration of any proxy so given shall extend only for the length of the meeting for which it is given.
C. Every proxy shall be attested by a notary public or two witnesses.
http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=38
38-291. Vacancy defined
An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:
1. Death of the person holding the office.
2. Insanity of the person holding the office, when judicially determined.
3. Resignation of the person holding the office and the lawful acceptance of the resignation.
4. Removal from office of the person holding the office.
5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which he was elected, or within which the duties of his office are required to be discharged.
6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.
7. The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.
8. Conviction of the person holding the office of a felony or an offense involving a violation of his official duties.
9. Failure of the person elected or appointed to such office to file his official oath within the time prescribed by law.
10. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.
11. Failure of a person to be elected or appointed to the office.
12. A violation of section 38-296 by the person holding the office.
38-294. Resignations
Resignations shall be in writing, and made as follows:
1. By members of the legislature, to the presiding officer of the body of which he is a member, who shall immediately transmit the resignation to the governor.
2. By state officers, notaries public and officers of the militia, to the governor.
3. By other officers commissioned by the governor, to the governor.
4. By county officers, to the chairman of the board of supervisors of their county.
5. By the chairman of the board of supervisors, to the county recorder of the county.
6. In cases not otherwise provided for, by filing the resignation in the office of the secretary of state.
7. By appointive officers, to the body or officer which appointed them, unless otherwise provided.
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.
title 38, chapter 3, article 3.1
38-431.01. Meetings shall be open to the public
A. All meetings of any public body shall be public meetings and all persons so desiring shall be permitted to attend and listen to the deliberations and proceedings. All legal action of public bodies shall occur during a public meeting.
B. All public bodies shall provide for the taking of written minutes or a recording of all their meetings, including executive sessions. For meetings other than executive sessions, such minutes or recording shall include, but not be limited to:
1. The date, time and place of the meeting.
2. The members of the public body recorded as either present or absent.
3. A general description of the matters considered.
4. An accurate description of all legal actions proposed, discussed or taken, and the names of members who propose each motion. The minutes shall also include the names of the persons, as given, making statements or presenting material to the public body and a reference to the legal action about which they made statements or presented material.
C. Minutes of executive sessions shall include items set forth in subsection B, paragraphs 1, 2 and 3 of this section, an accurate description of all instructions given pursuant to section 38-431.03, subsection A, paragraphs 4, 5 and 7 and such other matters as may be deemed appropriate by the public body.
D. The minutes or a recording of a meeting shall be available for public inspection three working days after the meeting except as otherwise specifically provided by this article.
E. A public body of a city or town with a population of more than two thousand five hundred persons shall:
1. Within three
working days after a meeting, except for subcommittees and advisory committees, post on its internet website, if applicable, either:
(a) A statement describing the legal actions taken by the public body of the city or town during the meeting.
(b) Any recording of the meeting.
2. Within two working days following approval of the minutes, post approved minutes of city or town council meetings on its internet website, if applicable, except as otherwise specifically provided by this article.
3. Within ten working days after a subcommittee or advisory committee meeting, post on its internet website, if applicable, either:
(a) A statement describing legal action, if any.
(b) A recording of the meeting.
F. All or any part of a public meeting of a public body may be recorded by any person in attendance by means of a tape recorder or camera or any other means of sonic reproduction, provided that there is no active interference with the conduct of the meeting.
G. The secretary of state for state public bodies, the city or town clerk for municipal public bodies and the county clerk for all other local public bodies shall distribute open meeting law materials prepared and approved by the attorney general to a person elected or appointed to a public body before the day that person takes office.
H. A public body may make an open call to the public during a public meeting, subject to reasonable time, place and manner restrictions, to allow individuals to address the public body on any issue within the jurisdiction of the public body. At the conclusion of an open call to the public, individual members of the public body may respond to criticism made by those who have addressed the public body, may ask staff to review a matter or may ask that a matter be put on a future agenda. However, members of the public body shall not discuss or take legal action on matters raised during an open call to the public unless the matters are properly noticed for discussion and legal action.
I. A member of a public body shall not knowingly direct any staff member to communicate in violation of this article.
J. Any posting required by subsection E of this section must remain on the applicable internet website for at least one year after the date of the posting.
38-431.06. Investigations; written investigative demands
A. On receipt of a written complaint signed by a complainant alleging a violation of this article or on their own initiative, the attorney general or the county attorney for the county in which the alleged violation occurred may begin an investigation.
B. In addition to other powers conferred by this article, in order to carry out the duties prescribed in this article, the attorney general or the county attorney for the county in which the alleged violation occurred, or their designees, may:
1. Issue written investigative demands to any person.
2. Administer an oath or affirmation to any person for testimony.
3. Examine under oath any person in connection with the investigation of the alleged violation of this article.
4. Examine by means of inspecting, studying or copying any account, book, computer, document, minutes, paper, recording or record.
5. Require any person to file on prescribed forms a statement or report in writing and under oath of all the facts and circumstances requested by the attorney general or county attorney.
C. The written investigative demand shall:
1. Be served on the person in the manner required for service of process in this state or by certified mail, return receipt requested.
2. Describe the class or classes of documents or objects with sufficient definiteness to permit them to be fairly identified.
3. Prescribe a reasonable time at which the person shall appear to testify and within which the document or object shall be produced and advise the person that objections to or reasons for not complying with the demand may be filed with the attorney general or county attorney on or before that time.
4. Specify a place for the taking of testimony or for production of a document or object and designate a person who shall be the custodian of the document or object.
D. If a person objects to or otherwise fails to comply with the written investigation demand served on the person pursuant to subsection C, the attorney general or county attorney may file an action in the superior court for an order to enforce the demand. Venue for the action to enforce the demand shall be in Maricopa county or in the county in which the alleged violation occurred. Notice of hearing the action to enforce the demand and a copy of the action shall be served on the person in the same manner as that prescribed in the Arizona rules of civil procedure. If a court finds that the demand is proper, including that the compliance will not violate a privilege and that there is not a conflict of interest on the part of the attorney general or county attorney, that there is reasonable cause to believe there may have been a violation of this article and that the information sought or document or object demanded is relevant to the violation, the court shall order the person to comply with the demand, subject to modifications the court may prescribe. If the person fails to comply with the court's order, the court may issue any of the following orders until the person complies with the order:
1. Adjudging the person in contempt of court.
2. Granting injunctive relief against the person to whom the demand is issued to restrain the conduct that is the subject of the investigation.
3. Granting other relief the court deems proper.
38-431.07. Violations; enforcement; removal from office; in camera review
A. Any person affected by an alleged violation of this article, the attorney general or the county attorney for the county in which an alleged violation of this article occurred may commence a suit in the superior court in the county in which the public body ordinarily meets, for the purpose of requiring compliance with, or the prevention of violations of, this article, by members of the public body, or to determine the applicability of this article to matters or legal actions of the public body. For each violation the court may impose a civil penalty not to exceed five hundred dollars against a person who violates this article or who knowingly aids, agrees to aid or attempts to aid another person in violating this article and order such equitable relief as it deems appropriate in the circumstances. The civil penalties awarded pursuant to this section shall be deposited into the general fund of the public body concerned. The court may also order payment to a successful plaintiff in a suit brought under this section of the plaintiff's reasonable attorney fees, by the defendant state, the political subdivision of the state or the incorporated city or town of which the public body is a part or to which it reports. If the court determines that a public officer with intent to deprive the public of information violated any provision of this article the court may remove the public officer from office and shall assess the public officer or a person who knowingly aided, agreed to aid or attempted to aid the public officer in violating this article, or both, with all of the costs and attorney fees awarded to the plaintiff pursuant to this section.
B. A public body shall not expend public monies to employ or retain legal counsel to provide legal services or representation to the public body or any of its officers in any legal action commenced pursuant to any provisions of this article, unless the public body has authority to make such expenditure pursuant to other provisions of law and takes a legal action at a properly noticed open meeting approving such expenditure prior to incurring any such obligation or indebtedness.
C. In any action brought pursuant to this section challenging the validity of an executive session, the court may review in camera the minutes of the executive session, and if the court in its discretion determines that the minutes are relevant and that justice so demands, the court may disclose to the parties or admit in evidence part or all of the minutes.
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