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To: Mr Rogers

Thanks for the link. I’m looking at this statement:

“D. All persons desiring to become a candidate shall file with the nomination paper provided for in subsection A an affidavit which shall be printed in a form prescribed by the secretary of state. The affidavit shall include facts sufficient to show that, other than the residency requirement provided in subsection A, the candidate will be qualified at the time of election to hold the office the person seeks.”

It doesn’t say what facts are sufficient to show that the candidate will be qualified. I would presume that is left to the SOS then. And the HI statute allows a verification so that government officials can verify that the facts claimed on an application (such as the affidavit required here) are actually true. There is nothing here that excludes a SOS from making the decision as to whether the facts shown are sufficient or that excludes the SOS from verifying whether the claimed facts are true.

Unless there is another place which says more than this one, I would assume that it is the SOS’s job to determine whether the facts presented establish eligibility, and there is nothing to prevent the SOS from verifying that the stated facts are accurate. I also don’t see here anything that says that the name HAS to be printed on the ballot if the forms are properly filled out - just that they CAN’T be printed on the ballot if they haven’t filled out these minimum requirements.

Is there a section where it lists the duties of the SOS, or describes the exact procedures that have to be used by the SOS in determining whether the stated facts are sufficient to show that the candidate will be qualified?


145 posted on 05/19/2012 3:01:44 PM PDT by butterdezillion
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To: butterdezillion

Here is a list of all the AZ laws on nominations:

http://www.azleg.gov/ArizonaRevisedStatutes.asp?Title=16

My eyes get tired reading that stuff.


148 posted on 05/19/2012 4:08:49 PM PDT by Mr Rogers (A conservative can't please a liberal unless he jumps in front of a bus or off of a cliff)
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