Arizona State Legislature ^ | 2007 | Arizona State Legislature
Posted on Tuesday, April 19, 2011 8:38:28 AM by Cboldt
Governor Brewer's "I do not support designating one person as a gatekeeper to the ballot for a candidate" doesn't hold water.
Under current Arizona law, the Secretary of State is the sole and solitary gatekeeper of the "qualification check" function, for those who seek the office of president of the United States.
Arizona Statutes: 16-242. Qualifications for ballot; nomination paper
A. A person seeking nomination as a candidate for the office of president of the United States shall sign and cause to be filed with the secretary of state a nomination paper ...The simple removal of paragraph "C" from the Arizona ballot qualification statute, 16-242, would enable challenges to qualification to be heard in a court of law, with whatever evidence is required to satisfy the judge.
C. Section 16-351 does not apply to a nomination paper filed pursuant to this section.
D. Within seventy-two hours after the close of filing the secretary of state shall certify to the officer in charge of elections the names of the candidates who are qualified for the presidential preference election ballot.
Arizona Statutes: 16-351 Limitations on appeals of validity of nomination petitions; disqualification of candidate
B. Any elector [voter] may challenge a candidate for any reason relating to qualifications for the office sought as prescribed by law, including age, residency or professional requirements, if applicable.
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