A veteran state lawmaker faces the prospect of being disqualified from running for state school superintendent.
A lawsuit filed in Maricopa County Superior Court charges that all of the 11,053 signatures Republican John Huppenthal filed to run for statewide office were collected before Jan. 11. That is the date he actually formed an official committee declaring he was running for school superintendent.
More to the point, attorney Rhonda Barnes, who filed the case on behalf of Democrat Sean Bowie, said state law forbids a candidate from actually circulating nominating petitions before a campaign committee is formed.
She acknowledged that Huppenthal had formed an "exploratory'' committee in March of 2009. But Barnes argued that committee simply allows a candidate to collect money and distribute literature in weighing whether to actually make a run for office, not to actually gather any petition signatures.
Repeated messages left on Huppenthal's home and cell phones were not returned. Huppenthal, a Chandler resident, is one of three Republicans seeking the post.
The current occupant, Republican Tom Horne, cannot seek a third term and instead is trying to become attorney general.
Barnes, who acknowledged she and her law firm work for Democratic candidates, said Huppenthal should not be surprised by the lawsuit.
She pointed out that Huppenthal, currently a state senator, generated some publicity when he first started collecting signatures in 2009. That's because the Arizona Constitution prohibits public officials from becoming a candidate for another office except during the last year of their terms. That year started running when Huppenthal filed his formal declaration of candidacy in January.
But Huppenthal insisted last year that his decision to start getting the necessary signatures to run for school superintendent -- he needs 5,609 valid ones to qualify for the ballot -- did not mean he actually was running for office.
A hearing is set for Friday before Maricopa County Superior Court Judge Eileen Willett.
State Elections Director Amy Bjelland said her office is not taking a position on whether Huppenthal's signatures can be counted. But Bjelland said she will be present Friday to answer any questions about the process if the judge asks.
Even if Barnes succeeds in disqualifying Huppenthal from running, that doesn't provide a clear path for a Democratic win. Two other Republicans have filed petitions for the office: Margaret Dugan and Beth Price.
The winner of the GOP primary will face off against the survivor of the Democratic contest between Penny Kotterman and Jason Williams.
Huppenthal was first elected to the Senate in 1992, serving the maximum eight consecutive years there before being elected to the House in 2000. Huppenthal went back to the Senate after the 2004 election.
DataMan posted at 8:26 am on Sun, Jun 13, 2010.
I was asked to sign a petition for him last summer - long before the Jan 11 date.
I didn't sign, because (surprise, surprise!) I don't trust this guy!
Irons1 posted at 11:51 am on Sun, Jun 13, 2010.
John Huppenthal should not be allowed near anything that has to do with education.
soricobob posted at 2:32 pm on Sun, Jun 13, 2010.
As any school administrator knows, rules don't always make sense, and they are sometimes random and/or ridiculous, but they are rules and you must fill out the forms, dot the i's and cross the t's. Oh well!!
Rich posted at 3:12 pm on Sun, Jun 13, 2010.
Strange post. The current holder led the state to 50th out of 50 and seems to have a chance to become attorney general. Are voters here really that lame? Secondly, since every time we turn around education has it's hand out again, and never seems to get any better, what sane person wants the job?
miraclegro posted at 4:20 pm on Sun, Jun 13, 2010.
Look, Huppenthal has been living off of the government for so long he wouldn't know how to work at a real job. His job at SRP is to be a supportive legislator for the power company. Because of his years as an elected official if he can get elected to Tom Horne's old job Huppenthal stands to increase his elected official retirement by almost 400%. Horne makes $85,000 and Huppenthal makes $24,000. Huppenthal can base his retirement check on the $85,000 versus the $24,000. Getting Horne's old job would be nothing more than a giant golden parachute for a mediocre elected official courtesy of Arizona taxpayers.
IceCat posted at 4:40 pm on Sun, Jun 13, 2010.
Huppenthal is known as someone that bends skirts the rules.
Irons is right, this guy shouldn't be anywhere near a position that deals with education.
DataMan posted at 5:13 pm on Sun, Jun 13, 2010.
Did he try to beat up an 80 year old lady to get her to sign before he announced he was running?
IceCat posted at 8:46 pm on Thu, Jun 17, 2010.
Oh well, the judge allowed him onto the ballot. Guess some people are allowed to break the rules and get away with it.
Carolyn posted at 1:47 pm on Tue, Aug 3, 2010.
ANYONE who puts their family on a campaign poster is giving himself away as "posing" as a "family values" candidate. That is simply a ruse to fool SOME voters, who are, basically, non-thinkers. His wife and children are NOT running for office - HE is. I will never vote for ANYONE, of either party, who puts "family" pictures on campaign posters. In addition, he has no experience in education and is, thus, unqualified for the office of School Superintendent. If he is disqualified, it will be justice for the voters. This guy is, and always has been, a piece of C@^P!!!!!!!