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1982 Arizona Attorney General Reports and Opinions 1 (1982)

handle is hein.sag/sagaz0005 and id is 1 raw text is: STATE CAPITOL
January 4, 1982
INTERAGENCY
The Honorable Rose Mofforo
Secretary of State
Seventh Floor, West Wing
State Capitol
Phoenix, Arizona 85007
Re: 12-001   (R8l-134)
Dear Mrs. Mofford:
This letter is in response to your request for our
opinions on three -questions concerning the interpretation and
feaeral constitutionality of Article 22, § 18 of the Arizona
Constitution. This Arizona constitutional provision was
proposed by Laws 1979, S.C.R. 1002, and approved by the voters
and proclaimed by the Governor in November, 1980. It states:
Except during the final year of the term
being served, no incumbent of a salaried elective
office, whether holding by election or appoint-
ment, may offer himself for nomination or elec-
tion to any salaried local, state or federal
office.
Your first question is: When does an incumbent offer
himself for nomination or election within the meaning of the
foregoing provision? You ask this question because you are
uncertain whether an incumbent offers himself within the
meaning of this provision only at the time of filing nominating
papers or petitions or, perhaps, depending upon the circum-
stances, at some earlier time. For the reasons hereafter set
forth, we conclLde that an incumbent may offer himself for
nomination or election within the meaning of Article 22, § 18,
before he files nominating papers or petitions.

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