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Updated Feb 25, 2013 - 4:54 pm

Lawmaker wants age limit for state militia revoked

PHOENIX — A state lawmaker wants to remove the age limit of 45 for serving
in the state militia, allowing older Arizonans to volunteer for the force
designed to be mustered in emergencies but never used in modern memory.

But Rep. Carl Seel is leaving in archaic language that specifically bars
idiots, lunatics and “preachers of the gospel” from being militia members. The
blind, judges, elected officials and members of the Legislature also are
prohibited under the early 20th century law that Seel wants to update.

The militia provision is included in the Arizona Constitution that was adopted
in 1910 and ratified by the state’s voters the following year, leading to
statehood. The measure names all able-bodied citizens ages 18 to 45 as members,
with few exemptions.

Seel added an amendment in a House committee Monday making those above age 45
eligible to serve in the militia on a voluntary basis so voters won’t have to be
asked to amend the state Constitution. That law hasn’t been updated since at
least 1939.

Seel said Monday all he’s doing is bringing the age provision in the Arizona
Constitution into modern times. He said that was the only provision requiring an

“It’s kind of like, you know, 55 or 65 is the new 45,” Seel said. “Like
Sheriff’s Joe’s posses, for example, there are a great many people over the age
of 45 in rural Arizona that are very patriotic and love this state and want to
have the capacity to volunteer should something arise.”

Seel’s effort is far less expansive than a failed effort last year that would
have created a volunteer, armed militia force for the state. Proponents said the
so-called “special missions unit” of 300 volunteers would be a valuable tool
to assist other law enforcement efforts to combat smugglers and traffickers and
to help secure the U.S.-Mexico border.

It would have been funded with $1.5 million a year, but died in the House after
passing the Senate. The unit also could be deployed to respond to disasters,
conduct search and rescue missions and assist law enforcement agencies.

“Policies need to be realistic in their application, and this language is very
realistic in its application,” Seel said. The bill was approved in the Rules
Committee Monday and now moves on to the full House.


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