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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.