Secretary of State Ken Bennett should reconsider his incorrect interpretation of the law

Posted by AzBlueMeanie:

I provided the correct interpretation of A.R.S. §41-1202 in LD 29 voters disenfranchised by Secretary of State Ken Bennett (Updated), and the Arizona Senate agrees with me.

As if intended to instruct the Secretary of State that his interpretation of the statute is incorrect, the Committee of the Whole (COW) of the Arizona Senate on Thursday approved the Comprehesive Election Law Amendments, HB 2379, that "clarifies" the matter for Secretary Bennett:

"Sec. 26.  Section 41-1202, Arizona Revised Statutes, is amended to read:

41-1202.  Vacancy in legislature; precinct committeemen; appointment; definition

* * *

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 except that if the person vacating the office changed political party affiliation after taking office, the person who is appointed to fill the
vacancy shall be of the same political party that the vacating officeholder was when the vacating officeholder was elected or appointed to that office."

Got that Secretary Bennett? It is "the same political party of which the person who was elected to or appointed to the office" that is controlling, NOT the four words you incorrectly choose to emphasize, "immediately before the vacancy occurred." Changing one's political affiliation is irrelevant. It is the election that is controlling.

Secretary Bennett, I urge you to reconsider your opinion in light of the clear purpose and intent of the state legislature. You can save everyone unnecessary expense of litigating in this matter if you simply reconsider your incorrect opinion to conform to the correct legal interpretation above with which the Arizona legislature agrees in the above legislation.