PHOENIX — One of the perks of incumbency is the ability to make it harder
for your opponents to one day sweep you out from office.
The Republican-led Arizona Legislature has embraced that truism this year with
two election overhauls aiming to protect ambitious incumbents while also
creating new hurdles for voters looking to give unpopular politicians the boot.
One measure would add a primary to all voter-initiated recall elections and
ensure the incumbent advances to the general election regardless of the primary
outcome. That means rivals from the same political party would have to beat the
incumbent twice to win office.
The bill would take effect retroactively in January 2013 and would apply to an
ongoing effort by opponents of Maricopa County Sheriff Joe Arpaio to force a
The other measure seeks to make it easier for elected officials to launch
campaigns for another office without triggering the state’s “Resign to Run”
Republicans argued the changes will increase fairness in Arizona elections.
“I might have called it, `The Transparency and Intention’ bill,” Senate
President Andy Biggs said of the “Resign to Run” measure.
The Senate advanced both bills Tuesday with opposition from the Democratic
minority. The House passed the measures in March. Gov. Jan Brewer must sign both
bills into law for the changes to take effect.
House Bill 2282 would help prevent recalls like the one that forced out former
Senate president Russell Pearce in 2011. He was the first Arizona legislator to
be recalled under the state’s decades-old process.
“It is extremely frustrating,” said Democratic organizer Randy Paraz, a vocal
Arpaio critic who participated in the effort to recall Pearce. “They are only
changing it because we were successful, so this is a total overreaction.”
Republicans said the legislation would help prevent the ouster of elected
officials who are targeted only because of their party affiliation.
“The rest of us go out there and we run in primaries, which are doggone tough,
and then we get to go run in generals, which are doggone tough,” Republican
Sen. Steve Yarbrough said. “So that’s how people get elected if they have
opponents in primaries.”
Democrats countered that the existing process works fine for voters.
“They are very hard to accomplish,” Democratic Sen. Steve Gallardo said.
“But we are making it more difficult, we are making it more difficult for
voters to have that opportunity to hold us accountable. We should not be doing
Gallardo proposed a floor amendment seeking to remove the retroactivity clause,
but it failed without Republican support.
Democratic organizers said the change could make it more difficult to remove
Arpaio from office.
“They should call it, `The Save Arpaio’s Butt’ bill because that’s what it
does,” Paraz said. “This is basically ending the recall process in Arizona if
this gets signed.”
Lilia Alvarez, co-founder of the Arpaio recall effort, said the measure would
be challenged in court if it became law.
“The recalls were intended to provide citizens with remedy. It was never
intended to protect incumbents,” she said. “It will be absolutely
Meanwhile, House Bill 2157 would redefine official candidacy to only include
the formal paperwork filing. Current law requires officials not in the last
year of their term to resign their seat once they make a formal announcement
that they’re running or when they file official paperwork with the Secretary of
Biggs said too many candidates conduct stealth campaigns under the current law.
“Everybody can skirt the law if they want to. They can file a committee, they
can raise money, they can circulate petitions, but the one thing they can’t do
is say `I am running for office,”’ he said.
But Gallardo said the measure further encourages surreptitious campaigning
because candidates will be able to seek higher office without repercussion so
long as they don’t file election paperwork.
“This bill is a waste of time,” he said. “Candidates would be allowed to
announce they are running for office without violating the `Resign to Run’
Lawmakers are rarely punished for violating the law under its current form.
In 2009, former state Attorney General Terry Goddard and four state legislators
were allowed to retain their seats after a Pima County Attorney investigation
found some of their actions were questionable.
In the run-up to the 1998 elections, then-state Sen. John Kaites was able to
keep his legislative seat despite raising more than $200,000 for an attorney
general bid. A special prosecutor hired by state and county prosecutors said
Kaites did not break the law.
Voters passed the “Resign to Run” law in 1980 to ensure election officials
serve without the distraction of campaigning for other offices.