The state's chief election officer said Monday that the way he reads the law, Jan Brewer's reign as governor ends January 2015, no matter what she and her lawyer say.
Secretary of State Ken Bennett said he understands Brewer's belief that the two years she spent finishing off Janet Napolitano's term does not count toward the two-term limit voters mandated in 1992. And Brewer, elected in her own right at the 2010 election, is saying she could run again in 2014 if she wants, something she had not yet decided.
Bennett, who was appointed to his post in 2009 when Brewer became governor, said he has not studied the legal arguments about a third term being advanced by Joe Kanefield, the governor's former legal counsel.
"But we read the constitution on its face that any portion of a term counts as a full term,'' he said. "And both of us will therefore have served two terms by the time the 2014 election occurs.''
Bennett's comments came at the formal certification of election results, an event that normally would include the governor.
But Brewer was not around to respond. She sent word to Bennett late Friday she would be out of state through this coming Saturday.
That left Bennett to serve as acting governor for the ceremony.
Brewer press aide Matthew Benson would provide no specifics on the governor's travels, other than to say she is on "official business.'' But he did deny that she is one of several governors summoned to Washington this week to meet with House Republicans to lobby for the GOP version of dealing with the federal fiscal "cliff.''
Bennett's interest in Brewer's legal options in 2014 is more than academic: He already has formed an exploratory committee for governor for that election. But Bennett sidestepped a question of whether he would take legal action to keep her off the ballot should she seek the nomination.
"I'm not going to comment on speculative questions about what she might or might not do,'' he said. "I'm focused on being the secretary of state.''
DataMan posted at 2:31 pm on Mon, Dec 3, 2012.
If she did go to DC to lobby for the GOP, it is in no way "official business", and the state shouldn't pay a dime for her travel or expenses.
If she charged it back to the state, she should be arrested for the misuse of government funds.
Lynnda37 posted at 3:14 pm on Mon, Dec 3, 2012.
DataMan you are exactly right also the law is the law and she is not above it
Accuracy posted at 6:10 pm on Mon, Dec 3, 2012.
Arizona Secretary of State Ken Bennett says that Arizona Gov. Jan Brewer cannot continue reigning past her term’s January 2015 expiration date, and is not eligible to seek re-election under the Arizona constitution's rules governing gubernatorial term limits.
Since Gov. Brewer inherited the role of governor automatically in 2009 per constitutional succession procedure, she will have to decide if the challenge to re-run in 2014 is worth taking up to the Arizona Supreme Court for a majority vote.
spyderdog posted at 6:22 pm on Mon, Dec 3, 2012.
this is gonna be like watching chipmunks sword fight with popsicle sticks.......
DataMan posted at 7:02 pm on Mon, Dec 3, 2012.
This is BAD. I comment on a story about Brewer going AWOL where even her own staff can's say where she is. WHY is my comment on a completely different story?
Come on. Put back the original story!
DataMan posted at 7:05 pm on Mon, Dec 3, 2012.
Accuracy - please tell us about Ken Bennett, his time in the AZ Legislature, his son, a broomstick, 14 boys, and the time spent in jail.
Prove you are "accurate"!
Masterrogue666 posted at 9:39 pm on Mon, Dec 3, 2012.
"The law is the law". Well, DataMan and Lynnda37, what about Obama's Executive Order that allows ILLEGAL ALIENS to stay in the states? His own political party voted down the Dream Act, so Obama decided to IGNORE the law of the land....
Deddzone posted at 11:41 pm on Mon, Dec 3, 2012.
She can't run again. And if she is on "official business" tell us what our tax money is paying for.
I'll be glad when 2015 rolls around and she can go.
KeithE4 posted at 8:05 am on Tue, Dec 4, 2012.
Article 5 Section 1A of the Arizona Constitution, as amended in 1992 via Prop 107 says:
"The executive department shall consist of the governor, secretary of state, state treasurer, attorney general, and superintendent of public instruction, each of whom shall hold office for a term of four years beginning on the first Monday of January, 1971 next after the regular general election in 1970.
No member of the executive department shall hold that office for more than two consecutive terms. This limitation on the number of terms of consecutive service shall apply to terms of office beginning on or after January 1, 1993.
No member of the executive department after serving the maximum number of terms, which shall include any part of a term served, may serve in the same office until out of office for no less than one full term."
Note that last sentence. Nothing ambiguous here. It says what it says, and it says that Governor Waggyfinger is done on 1/5/2015. Any part of a term served is considered one term. She is now in her second, and final (at least until she sits out for 4 years, then runs again) term.
Raul Castro, Bruce Babbit, Rose Mofford, Fife Symington, Jane Hull, and Janet Napolitano could run for Governor again in 2014 if they so desired (of course, they most likely won't). Jan Brewer cannot.
Deddzone posted at 8:27 am on Tue, Dec 4, 2012.
Keith,
Great post. Brewer is done.
Arizona Willie posted at 9:46 am on Tue, Dec 4, 2012.
This is strange.
It is so open and shut that it makes me wonder what is REALLY going on.
The wording of the State Constitution is absolutely clear and non-ambiguous.
There is no doubt whatsoever of it's meaning.
No way can she win this.
So it makes me think it is a distraction intended to make us focus on the wrong thing.<br
What is really going on that they are trying to distract us from paying attention to?
Accuracy posted at 12:11 pm on Tue, Dec 4, 2012.
DataMan....... Speaking of Ken Bennett.
Gov. Jan Brewer has taken a out-of-state work trip on official business for a week, but details (or guesses) as to where the governor went have not been released.
So, Secretary of State Ken Bennett is serving as acting governor while Gov. Brewer is out of state this week.
Because Bennett has become the state’s acting governor, can the same Arizona Constitution's voter-approved term limits apply to him if he gets elected governor and ever talk about possibly running again as governor?
Running again is something Arizona Governor Jan Brewer has until 2014 to consider. If she actually runs – the term-limits law – legally and politically will be questioned.
KeithE4 posted at 12:34 pm on Tue, Dec 4, 2012.
@Accuracy - Being acting Governor doesn't count. This happens anytime the Governor leaves the state for any reason, something that can happen quite often. It doesn't count any more than George Bush's several hours as acting President did when Ronald Reagan was incapacitated.
But the term-limits clause in the state Constitution was approved by the People of Arizona in 1992. There is also a precedent for a Governor to not run after assuming a predecessor's term and then being elected on her own: Jane Hull.
Jan Brewer can bleat all she wants, but her term in office expires on January 5, 2015. Period. If she has a problem with reading comprehension, that's not our problem.
Masterrogue666 posted at 12:46 pm on Tue, Dec 4, 2012.
I can see both sides of the argument, and the courts will need to decide, just like any other contested rule/law. It's our system in action.
Arizona Willie posted at 3:12 pm on Tue, Dec 4, 2012.
Masterrouge666, there is NOTHING to decide.
The State Constitutions spells it out quite clearly that a part of a term counts as a full term.
Basic English. No decision necessary, except possibly about the sanity of anyone who tries to say it doesn't mean what it says.
azsun1967 posted at 8:38 am on Thu, Dec 6, 2012.
She is an idiot..and WE re-elected her!! Enough said.