It seems state senator Huppenthal is circulating petitions for people to support his campaign for Superintendent of Public Instruction while still in office. This appears to be in violation of Arizona's somewhat clearly named "resign to run law."
I am no law professor, but the intent of this constitutional provision is to prevent current elected officials from campaigning before January of the last year they are in office. You may remember the dust-up when Tim Bee was planning on running against Congresswoman Gabrielle Giffords in 2008. His "planning" included stockpiling a huge campaign war chest. Some felt this violated the law as well.
The Arizona Constitution states that “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.”
State statute further explains this and states that a sitting elected official shall be “deemed to have offered himself for nomination or election” upon the filing of nomination papers or a formal declaration of candidacy.
Huppenthal is arguing the statutes require filing of nomination papers-- which he will undoubtedly do after January 1, 2010-- is what makes you a candidate and not raising money, circulating petitions, or even receiving endorsements (below).
That last one refers to Sheriff Joe Arpaio's endorsement. I wonder why they didn't put Joe's mug on the banner.
Hey, you'd better stop challenging Johnny H's ethics...or he'll bitch slap you with a campaign sign stolen from an old lady. ;-)
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