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2001 Arizona Attorney General Reports and Opinions 1 (2001)

handle is hein.sag/sagaz0025 and id is 1 raw text is: Page 1 of 4 To: Brian C. McNeil January 2, 2001 Re: Corporation Commision Executive Secretary, Arizona Corporation Commission Membership 101-001 (ROO-071) Questions Presented You have asked the following questions concerning the effect of Proposition 103, which the voters approved at the 2000 general election: 1. Whether, by expanding the Corporation Commission (Commission) from three members to five members, Proposition 103 created two vacancies to be filled by gubernatorial appointment. 2. Whether Commissioners elected to serve six-year terms before the approval of Proposition 103 are now required to remain out of office for a period of time before running for Commissioner again. Summary Answer 1. Proposition 103 did not create vacancies on the Commission. Instead, at the general election in 2002, the voters of Arizona will elect the two additional Commissioners to increase the number of Commissioners from three to five. 2. Commissioners who were elected before approval of Proposition 103 are now eligible to serve two consecutive terms. A Commissioner who served a single term and then left office is eligible to run in any future election. A Commissioner currently serving may seek reelection for one more term without leaving office. Background In the 2000 general election, Arizona voters approved Proposition 103, a constitutional amendment that expands the Commission from three members to five and changes the terms of Commissioners and the applicable term limits. Under the law before Proposition 103, Commissioners were elected for six-year terms and had to leave office for a full term after serving a term on the Commission.( Under Proposition 103, Commissioners are elected to four-year terms and may serve two consecutive terms. After serving two consecutive terms, a Commissioner must leave office for a full term before running again.21 Analysis A. The Voters Will Elect the Two Additional Commission Members in 2002. By increasing the number of Commissioners from three to five, Proposition 103 did not create two vacancies on the Commission. Proposition 103 stated: The two additional Commission members shall be elected at the 2002 general election for initial two-year terms beginning on the first Monday in January 2003. Ariz. Const. art. XV, § 1(B) (as

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