Arizona taxpayers could end up paying hundreds of thousands of dollars to help Senate President Russell Peace keep his office.
And it will not matter whether he wins or loses the recall election.
A little-known provision in the Arizona Constitution requires the Legislature to enact the laws necessary to run an election seeking the ouster of an elected official. And that includes “provision for payment by the public treasury of the reasonable special election campaign expenses of such officer.”
But state Elections Director Amy Bjelland said the provision is not self-enacting. She said it would require an actual vote by lawmakers.
What that means, she said, is that once the election is over legislators will get to decide whether they want to pick up the tab for Pearce’s expenses.
Pearce said Tuesday he was unaware of the provision until being told about it by Capitol Media Service. And the Senate president said that, in general, he is opposed to using public funds for elections.
He said, though, his particular case should be an exception.
“It’s not something I created or caused,” he said.
Pearce said it would be one thing if voters were seeking to oust him because of some improper behavior, referring to incidents involving members of Congress who have been linked to sex scandals unrelated to their jobs.
“In my case, simply, they don’t like what I’ve accomplished,” he said. Pearce said if that is the case, voters will have a chance next year, at the regular election, to choose someone else.
“I suspect why it’s there (in the Constitution) is it’s overturning a valid election, a minority in most cases overturning the voters’ will,” he said. It takes the signatures of 25 percent of those who voted in the last regular election to force a recall.
“It is tough,’’ he said. “You’ve got to raise money.”
Pearce said there already has been a lot of money spent. Much of that has been for supporters to hire attorney Lisa Hauser who is challenging the sufficiency of the recall petitions in a bid to short-circuit the election. Earlier this week she asked the Arizona Supreme Court to overturn a ruling by Maricopa County Superior Court Judge Hugh Hegyi who concluded that recall organizers had acted within the law and the scheduled Nov. 8 election can proceed. Late Tuesday, however, the justices said the case must first be heard by the intermediate state Court of Appeals, a move that will delay the final resolution of the issue.
Pearce said while Hauser continues seeking to have the election cancelled, he keeps trying to raise money.
“There have been a couple of letters that have gone out” seeking cash, he said, one from Gov. Jan Brewer and one from Maricopa County Sheriff Joe Arpaio.
One question that lawmakers would have to decide is how much is “reasonable.”
“In my opinion, it’s whatever it takes to defend yourself or defend the office,” Pearce said.
Pearce raised nearly $68,000 for his 2010 campaign, though he reported spending less than half that much.
But the cost of this election is bound to be much higher — and not only because of the legal bills Hauser is incurring. There already are several challengers in the race, including Mesa charter school executive Jerry Lewis, who said he will be raising private cash for the race.
John Giles, spokesman for the Lewis campaign, declined to say how much already has been raised.
“We’ve been gratified by an outpouring of support,” he said. “We’re confident we’ll have enough money to wage a credible campaign.”
Giles would not put a specific number to that but acknowledged it could take close to $100,000 to defeat Pearce. He said, though, that Lewis expects to be outspent by the incumbent.
The last time anyone looked at the constitutional provision was in 1988 when then-Gov. Evan Mecham was the subject of a recall election. Bob Corbin, who looked at the issue then as attorney general, said it gives no specific guidance on what is reasonable, specifically leaving the “method, timing and calculation of payment to the discretion of the Legislature.”
Corbin pointed out, though, that there was at one time an actual law on the books spelling out how much would be paid. That law, enacted in 1913 but repealed in 1973, said legislators who face recall are entitled to $200.
The Mecham recall never took place, however, with the governor being impeached by the House, convicted by the Senate and removed from office.
Any of Pearce’s expenses would be on top of the cost of running the special election, with the tab for that estimated at more than $150,000.
The other significant legal question is what happens if the Legislature pays Pearce’s expenses but he already had raised the money.
Pearce pointed out that lawmakers are entitled to bank unused campaign contributions from one election to another. He said that would mean anything he collected for the recall but not needed could then be set aside for a 2012 race.
wdgnas posted at 6:23 am on Sun, Aug 21, 2011.
nbbt: wouldn't know a rhetorical question if walked up and introduced itself, would you? lol. still i repeat, what a scam.
NothingButTheTruth posted at 10:28 am on Fri, Aug 19, 2011.
wdgnas, It's perfectly legal for a politician to bank any left over campaign money for future use in future elections. This money cannot be used for anything else. I'm pretty sure it can be donated to other political campaigns though. Even when candidates for office lose, they win. Before 1993, the money contributed to a political campaign could be and often was diverted to a candidate’s bank account. Retiring and defeated candidates could and did keep unused campaign contributions. Nowadays, the candidate with excess funds can spend it in other ways such as winding down his office, contributing to party committees, and supporting other candidates. It's the law, get used to it. Maybe learn it first.
wdgnas posted at 5:37 am on Fri, Aug 19, 2011.
Pearce raised nearly $68,000 for his 2010 campaign, though he reported spending less than half that much.
What happened to the rest of the money? no wonder people go into politics. what a scam...
A_Rose_By_Any_Other_Name posted at 8:44 am on Thu, Aug 18, 2011.
Why is it that the pro illegal alien advocacy comments in this paper seem more and more to be personal attacks rather than debates of factual information? Are you all just running out of reasons for advocating the continued invasion of Arizona and The United States by illegal aliens?
A_Rose_By_Any_Other_Name posted at 8:39 am on Thu, Aug 18, 2011.
hadenough, can you be anymore rude and personally inflammatory in your accusations and insinuation that Nothing But The Truth is on some sort of meds that are illegal? If you can't debate the facts just attack the messenger? Is that the best you can do? Using the race card is very effective and you use it well, and in such a wonderfully deceptive manner, but really do you think it makes you appear intelligent?
Cactuscrusader said; "He didn't do anything. 9Pearce) Well that is partly right. He didn't do anything when thousands protested outside the Senate (except to place police out front to keep protesters from distracting him). "
You and thousands of illegal alien supporters just didn't like what he did do. This recall is all about his accomplishments, and the many more thousands of us who voted him into office love what he has done for our state.
Cactuscrusader posted at 11:22 am on Wed, Aug 17, 2011.
That's it. I'm donating $100 to Jerry Lewis' campaign. If I have to cut the groceries some this week to do it so be it. I'm tired of the (objectionable profanity) from Pearce and his minions. You cannot be serious.
“In my opinion, it’s whatever it takes to defend yourself or defend the office,” Pearce said.
Not for education, (objectionable profanity) kids we can't afford it. Not for transplants, whatever let 'em die. Not for protecting the environment or public transportation or anything remotely useful. But to save his (objectionable profanity).., oh the purse strings are WIDE open now. Fair weather Tea Party is it? Typical.
He didn't do anything. Well that is partly right. He didn't do anything when thousands protested outside the Senate (except to place police out front to keep protestors from distracting him).
Did nothing about the fact that 10,000 people will be without access to health insurance Oct 1st.
He did nothing about the fact that Arizona is second in poverty behind Mississippi.
He did nothing to improve the public opinion of Arizona to bring tourism back.
He did nothing to bring government contracts or funding to Arizona during a time of financial crisis.
You see Mr. Pearce it's all that nothing that you've been doing that has caused you to be in this state of affairs. Ergo, you caused this need for a recall election.
And just a thought should someone as narcissistic and outright delusional as Pearce hold one of the most powerful seats in the State?
I think it's clear many have had enough of his brand of crazy.
NothingButTheTruth posted at 9:57 am on Wed, Aug 17, 2011.
gpscentral says, "We had 25,000 inmates in the year 2000 and thanks to all the "tough on crime laws" 10 short years later we have 40,000 inmates. Doesn't that strike you as odd and doesn't that make clear the direction we are headed?"
Not really when you consider the enormous growth Arizona has had the last decade. Arizona had nearly 1.9 million Hispanic residents as of April 1, 2010, an increase of 46 percent. Their share of the state population rose from about a 25 percent to nearly 30 percent. That is a lot for just one decade, but we have turned that trend around thanks to people like Pearce and other patriots.
Even as the number of Whites statewide grew 20 percent, in Phoenix they actually declined slightly over the decade. Seventy-three percent of Arizona residents identified themselves as White in 2010, compared with 76 percent in 2000.
Interesting changes don't you think. Where are all these Hispanics coming from you ask? lol Could it be from south of the border? Illegally?
But I digress. The fact is that when you experience enormous growth as Arizona has, you will also see more crime and the need for more prisons, and since the lowest of the socioeconomic groups coming here illegally are a large part of that growth it makes since that increased crime would be a result. Just another cost of illegal immigration you would like people to believe is Senate President Russell Pearce's fault. Oh and lets not forget Sheriff Arpaio.
NothingButTheTruth posted at 9:39 am on Wed, Aug 17, 2011.
gpscentral, what you say about prison inmates is true of states across America. We got tired of criminals victimizing us and then walking and decided to put teeth into the laws. In California they have the same problem but no money to build new prisons. Their prisons became so overcrowded that it was dangerous, so the supreme court had to step in and say either build more facilities or let them go. Cannot have them packed like sardines. California can't afford much else but to pay the welfare state they so desperately wanted, so the prisoners go free. Funny how they spend so much, money that they don't even have, on welfare and education and still they have so much crime they need more prisons. We have a choice of more prisons or less crime, you decide. Besides all you say I think it's all really a straw man argument. I can tell because you bring Sheriff Arpaio into the argument too. Both of them are true patriots that are on the forefront of fighting the illegal alien invasion, and both of the two comments you have made are really about our politicians targeting illegal aliens. You denigrate both patriots as costing untold millions for nothing. Isn't that La Ratza's theme too? Too bad for your side that our actions have had a dramatic effect both here in Arizona and in several other states, and that's just the beginning. The fight will go on as more and more true Americans become both aware of the true cost of allowing illegal immigration, and more states find the courage to take on a powerful illegal alien advocacy industry that will try to bankrupt a city or state before allowing the rule of law to prevail. Yes, the pro illegal groups are the ones responsible for the untold millions for nothing, and you know it.
gpscentral posted at 7:08 am on Wed, Aug 17, 2011.
The radical known as Russell Pearce needs to go. I will gladly pay for it. It will be much less expensive than all the "new" prisoners he wants to incarcerate in private prisons at the expense of the tax payers. He's in cahoots with the private prison industry. We had 25,000 inmates in the year 2000 and thanks to all the "tough on crime laws" 10 short years later we have 40,000 inmates. Doesn't that strike you as odd and doesn't that make clear the direction we are headed? I'm not willing to pay countless tax dollars to support his radical agenda. Not one penny cut from the Arizona prison budget but countless millions pulled from schools and a giant tax cut for corporations. Pearce thinks the Arizona taxpayers have deep pockets that he can continue to exploit. We need to ouster him AND Arpaio who also costs untold millions for nothing!!
soricobob posted at 4:47 am on Wed, Aug 17, 2011.
And we thought those that take advantage of the system were all in Washington!
In_God_We_Trust posted at 12:14 am on Wed, Aug 17, 2011.
And what do you get for your money Rich? Change you can count on? Is it for them that you seek hope and change? Who are these them you speak of?
Rich posted at 8:53 pm on Tue, Aug 16, 2011.
We die for their sins. Forty years ago, I used to go to a cemetery every weekend to say goodbye to another friend who died for them. A recall election is d(arn) cheap, take it.
In_God_We_Trust posted at 8:31 pm on Tue, Aug 16, 2011.
LOL too much! Now do you see why you shouldn't have allowed these pro illegal alien groups to recall Pearce? Now the entire state of Arizona is going to pay. Boy I'll bet La Ratza's hoping you all remember what they can do to you when you try to stop illegal aliens from flooding into Arizona. What a joke on Arizona. Better not try anymore of this going after criminal illegal aliens or we're going to rip you a new one lol
ru4real6787 posted at 7:29 pm on Tue, Aug 16, 2011.
Why should tax payers pay for his recall? I didn't vote for him. You'll just have to get it elsewhere.