Is McCain in violation of AZ Constitution?
Posted July 4th, 2008 by momof6
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I just started reading the AZ Constitution, and part deals with term limits for US Senate and House seats for those from Arizona. If I read it (Article VII, section 18) correctly, a Senator can only serve for two consecutive terms. After that, he needs to run for something else or take a break equivalent to the length of one term.
Here is the text:
Term limits on ballot appearances in congressional elections
The name of any candidate for United States Senator from Arizona shall not appear on the ballot if, by the end of the current term of office, the candidate will have served (or, but for resignation, would have served) in that office for two consecutive terms, and the name of the candidate for United States Representative from Arizona shall not appear on the ballot if, by the end of the current term of office, the candidate will have served (or, but for resignation, would have served) in that office for three consecutive terms. Terms are considered consecutive unless they are at least one full term apart. Any person appointed or elected to fill a vacancy in the United States Congress who serves at least one half of a term of office shall be considered to have served a term in that office for purposes of this section. For purposes of this section, terms beginning before January 1, 1993 shall not be considered.
Added election Nov. 3, 1992
Does anyone know? I haven't been in Arizona long enough to know if he ran unopposed as a write-in for his last two elections, but it seems unlikely he could be elected twice without his name on the ballot. I guess in a dream world, we could just recall him and elect Barry Goldwater JR. or someone else more accountable to their constituents and the Constitution in a special election to fill the remaining term.
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Sign petition for Congressional term limits!
Unfortunately, the term limits provision on AZ's federal reps was nixed by the Supreme Court in 1995, although the limits on the state legislature still stands.
To impose term limits on federal politicians will require a Constitutional Amendment.
To sign the petition for Congressional term limits, see www.termlimits.org. Thanks.
-pb
The LP is against term limits: here's why
Ron Paul would be OUT.
IMissLiberty
How will he answer this one?
McCain prepares for his response...
voided in 1996 by Supreme Court
Here's the missing piece of the puzzle:
In 1996, the Supreme Court ruled that states could not limit terms for federal offices.
Your quote of AZ
Your quote of AZ constitution Article 7, Section 18 matches what I find at http://www.azleg.gov/FormatDocument.asp?inDoc=/const/7/18.htm.
See the Wikipedia article on McCain
He won his first Senate election in 1986. His first term started in Jan 1987. That wouldn't count, clearly before Jan 1 1993.
He won his second Senate election in 1992. His second term would have started sometime in Jan 1993. Not "before Jan 1, 1993", so that one counts.
He won his third Senate election in 1998. This would be a second term for purposes of the AZ constitution.
Just a lay opinion of course, but you seem to raise a valid point. It looks like his name should NOT have appeared on the ballot in the 2004 election.
Most interesting.
Have to read it carefully...
"For purposes of this section, terms beginning before January 1, 1993 shall not be considered.
Added election Nov. 3, 1992"
He was elected on Nov 3 1992...but his term officially wouldn't start until the 3rd of January 1993 accordning to the 20th Amendment to the US Constitution.
That would make his successive elections 1998 and 2004 expiring 2010.
The question comes down to how the statment quoted above is to be interpreted..."added election Nov 3 1992" does that mean that election is a freebee?
He's been a Senator for 20
He's been a Senator for 20 years or so, right? Something like 4 consecutive terms as far as I know.
VERY interesting info that you've posted here!
This bastard has violated so
This bastard has violated so many laws with no repercussions that I guess the consensus will be............ so?