Update on failed recall Arpaio effort: Judge Michael Herrod Recuses Himself in Arpaio Recall LawsuitSunday, June 16th, 2013
In case you have not heard: Judge Michael Herrod recuses himself in the failed Arpaio recall lawsuit. This was the right thing to do on his part.
Remember: CPFER has asked the court to order Respect Arizona to refund donations and are citing Article 8, part 1, section 3 of the Arizona Constitution.
The confusion that needs clarification has much to do with A.R.S. § 19-202. A.R.S. § 19-202 states, in pertinent part, “The commencement of a subsequent term in the same office does not renew the six month provision.” However, CPFER’s brief points A.R.S. § 19-202 was not passed consistent with the methods for amending the Arizona Constitution and operates in direct conflict with the law.
As Article XXI of the Arizona Constitution provides, there are only three means in which the Arizona Constitution can be amended.
The common thread for all three methods is it must be approved by Arizona voters.
No such method of amending the Constitution was employed when legislators enacted A.R.S. § 19-202.
In fact, it was passed by the Arizona legislature without any sort of voter approval, rendering the law invalid.
Rather than A.R.S. § 19-202 facilitating the Arizona Constitution, it directly conflicts with it and clearly impedes the election process.
The motion for declaratory judgment states the law “allows for organizations, such as Respect Arizona, to hastily file frivolous, harassing and obstructionist recall petitions immediately after election results, and furthers their misuse of the process to overturn a fair election that was won by a candidate whose policies they do not like, or for ulterior means such as fundraising.”
We await how the judge will rule.
Here’s the update on the failed recall Arpaio effort lawsuit from Arizona’s Politics:
In a move that may be more of “too little, too late” for the organization that unsuccessfully attempted to recall Maricopa County Sheriff Joe Arpaio, Superior Court Judge Michael Herrod disqualified himself yesterday from hearing the legal arguments about whether the recall effort violated the Arizona Constitution.
The new Minute Entry notes that the case has been reassigned to Judge Lisa Flores. She may not remain on this case as long as the first judge, however. Judge Flores has had her own history with Sheriff Arpaio’s office, and it is difficult to imagine the pro-Arpaio attorneys believing that she will be able to disregard her history with the Sheriff.
This lawsuit is still active, even after the recall organizers failed to turn in any signatures before the statutorily-imposed deadline of May 30 (120 days after they registered the petition) because plaintiffs argued to the judge at the May 29 status conference that their contention that the recall violated the Arizona Constitution – by not waiting for six months after Arpaio’s re-election – still needed to be decided for future recall efforts. They argued that, like the U.S. Supreme Court most famously held in Roe v. Wade, it was an issue that was capable of repetition yet evading judicial review. FULL STORY>>>