Laws governing recall of district judges (Arizona)

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ARIZONA ARTICLE 3.

UNITED STATES DISTRICT JUDGES

§ 19-231. Petition for election to request resignation of district judges

When there is filed with the secretary of state a petition signed by fifteen per cent of the electors of the judicial district as determined by the total number of votes cast for governor at the preceding election in the district, requesting the resignation of a United States district judge for the district of Arizona, the secretary of state shall submit to the electors at the next ensuing general election occurring not less than sixty days after the petition is filed, the question whether the electors request the resignation of the judge. The petition shall contain a statement of not more than two hundred words setting forth the reasons for the request. The judge against whom the petition is filed shall be immediately notified by the secretary of state of the filing, and there shall be printed upon the ballot the statement in the petition, and, at the request of the judge, a statement by him of not more than two hundred words.

§ 19-232. Form of ballot

At the election there shall be printed upon the ballot the question "Shall (name of person) be requested to resign from the office of United States district judge, [Yes: ] [No: ]." The electors shall vote by making a mark as defined in section 16-400 in the space after the word "yes" or "no." Immediately below and separate from the question shall be printed the words: "For United States district judge. (Recommended to the president for appointment)," and there shall then follow the names of candidates for the office as have been filed with the secretary of state not less than forty days prior to the election by petition of five per cent of the electors.

§ 19-233. Canvass of vote; effect of results

  • A. The secretary of state shall canvass the vote immediately and within ten days thereafter transmit the results to the official named in the petition, and if the resignation is favored, to the president and senate of the United States.
  • B. If a majority of the electors voting thereon have requested the resignation of the judge, and a vacancy occurs, the majority candidate for the office shall be deemed endorsed by the electors and recommended to the president and senate of the United States for appointment and confirmation to fill the vacancy.

§ 19-234. Recommendation of candidate by electors; filing by candidate of pledge to recall

  • A. When a vacancy occurs in the office of a United States district judge for the district of Arizona, the electors may, by advisory vote, endorse and recommend to the president and the senate of the United States an appointee to fill the vacancy.
  • B. There shall be printed upon the ballot at the next primary, special or general election held throughout the state after the vacancy, the words: "For United States district judge (recommendation to the president and senate for appointment)," and below, the names of persons filed with the secretary of state by petition of five per cent of the electors not less than forty days before the election. If Congress will convene before the election at which the vote can be taken, the governor shall, on petition of fifteen per cent of the electors, call a special election for such purpose to be held not less than thirty nor more than sixty days after filing the petition.
  • C. Prior to the election a candidate for the office of United States district judge for the district of Arizona may file with the secretary of state a statement that he deems himself under obligation to resign, as provided in article 2 of this chapter as it pertains to a member of Congress, and the statement shall likewise be published on the ballot.

References

State website