Time for Arizonans to Reconsider an Old Idea?

Posted by AzBlueMeanie:

There was an interesting poll conducted by Bruce Merrill reported in today's Arizona Daily Star. Survey Merrill found most Arizonans know little about the woman who would replace Governor Napolitano. He found 57 percent said they don't know enough about Secretary of State Jan Brewer to say how she is doing her current job.

Of those who felt comfortable rating Brewer, 6 percent said she is doing an excellent job, with another 29 percent rating her performance as good.

Jan Brewer has been a fixture in Arizona politics since she was first elected to office on 1982. She served in the Arizona House from 1982 to 1986, and in the Arizona Senate from 1986 to 1996. She was majority whip of the Senate for two terms, 1992-1996. Brewer then served on the Maricopa County Board of Supervisors from 1996 to 2002, and served a term as Chair of the Board. Brewer was elected Secretary of State in 2002, and reelected in 2006. Secretary Janice Kay 'Jan' Brewer – Biography

After 26 years in politics, 57 percent surveyed said they don't know enough about her to rate her job performance. I find this number shocking. How does a known quantity fly under the political radar and continue to get elected to offices when a large majority of voters admit they know little or nothing about her? Is this really the person Arizonans want to succeed Governor Janet Napolitano? These women are diametrically opposed politically.

Unfortunately, we are stuck with Jan Brewer. Arizona is one of only seven states (soon to be six) that do not provide for a lieutenant governor under the state constitution. In Arizona, the Secretary of State succeeds to the governorship (in most circumstances).

23 states elect a lieutenant governor on a joint ticket with the governor. 19 states hold a separate election, and in Tennessee, the state senate chooses the lieutenant governor. In most states, the governor and lieutenant governor are members of the same political party.

In recent years, Jan Brewer has supported bills (that failed) which would have renamed her office lieutenant governor. She has occasionally engaged in childish behavior by asserting her "acting governor" powers when Governor Napolitano has been out of the state or the country.

To her credit, however, Jan Brewer did have the foresight to support Prop. 100 on the ballot in 1994. This proposition would have amended the state constitution to create the office of lieutenant governor for the purpose of succession in the case of a vacancy in the office of governor, and to act as governor during a temporary absence. The propostion would have required that the lieutenant governor be from the same political party as the governor and that they would run for office together on a joint ticket.

Prop. 100 was defeated almost 2-1 that year. As I recall, the principle objection was to the acting governor powers during a "temporary absence" provision. At the time, the abuse of such powers by lieutenant governors in other states was not an infrequent occurence and was fresh in the minds of voters.

How ironic it is that Jan Brewer stands to benefit from the defeat of a constitutional amendment that she has championed for many years. It may be time for Arizonans to reconsider this old idea, with a few changes.

Eliminate the "temporary absence" provision under the Arizona Constitution and limit the acting powers, similar to the 25th Amendment to the U.S. Constitution, to a written declaration from the governor that he or she is unable to discharge the powers and duties of the office due to some (usually temporary) incapacity. When the governor transmits a written declaration to the leadership of the legislature that no incapacity exists, the governor may resume the powers and the duties of the office.

The lieutenant governor should also be assigned administrative duties so that the office is not a do nothing position. Transfer the Secretary of State duties for filing Arizona administrative rules; record keeping for corporations, partnerships, trade names and trademarks, and charitable organizations; and administering the Uniform Commercial Code, for example.

The Secretary of State is the chief election officer responsible for overseeing elections, a task which is becoming more complex and time consuming. The Secretary would retain such traditional duties as custodian of the state seal, apostilles, legislative filings and intergovernmental agreements, notaries public, and oaths of office, for example.

There are enough administrative oversight duties to be divided between the two constitutional officers. The legislature should consider putting a constitutional amendment creating the office of lieutenant governor to the voters again with these recommended changes. Jan Brewer may be in a position to encourage this to happen.

This is not a matter of idle speculation in Arizona. We have had a history of successions to the governorship from Secretary of State since 1977. However, this is the first time since Rose Mofford, a Democrat, succeeded Governor Evan Mecham, a Republican, that the Secretary of State was not from the same political party.