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First Independent Legislator in Arizona Is Appointed, Not Elected

Richard Winger reports on the unusual circumstances under which Arizona gained its first independent state legislature–not by election, but by resigning and appointment.

Arizona is one of a minority of states that has never had a state legislator who wasn’t a Republican or a Democrat during the last 100 years. But on April 2, Daniel Patterson, who had been elected as a Democrat to the State House, 29th district, in 2008 and 2010, changed his registration to independent. Then he resigned.

When Arizona has legislative vacancies, that vacancy is not filled by a special election. Instead, the County Commission (from the county that includes that district) appoints someone. The law says the County Commission asks for a list of suggested replacements from the political party that the legislator being replaced belongs to. But the law doesn’t explain what to do when the legislator being replaced is an independent. Therefore, the Pima County Commission has decided to appoint an independent to fill the vacancy. But, the County Commission appointed a 5-member committee to sift through the various applicants, and two of the members of the committee are Republicans, and two are Democrats. The fifth member is an independent.

This link says the candidates have been narrowed to three options by the County Commission.

The citizen committee has since narrowed their list of recommended appointees to three. They are:

Nicholas A. Fontana
Albert Jordan
Leon D. Sierra

The county commission will appoint the member on Monday, April 23rd, 2012.

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