Sheriff Joe Arpaio
They threatened to do this and Thursday
it happened:
A nationally known conservative legal activist filed suit Thursday to end the recall petition against Maricopa County Sheriff Joe Arpaio, saying it violates the state’s constitution. [...]
Chiefly, the suit takes aim at how quickly the recall started: only days after Arpaio began his sixth term. [Larry] Klayman said the Arizona Constitution requires recalls to wait at least six months into a new term, and a state law that suggests otherwise is legally invalid.
If Klayman's name sounds familiar, it may be because he was the founder of
Judicial Watch, a right-wing group largely funded by Richard Mellon Scaife that did little more than file harassing lawsuits. In the 1990s, Judicial Watch went after the Clinton administration—eventually filing 18 lawsuits. More recently, Klayman's also brought a lawsuit against President Obama, claiming that he's not an American citizen. So you can see why he's joined at the hip with birther Joe Arpaio.
Most of Klayman's cases never go anywhere, and that's what is about to happen with Thursday's lawsuit. Here's the section of the Arizona Constitution that Klayman and his merry band of Arpaiobots are banking on, which you can read below the fold:
8.1.5. No recall petition shall be circulated against any officer until he shall have held his office for a period of six months, except that it may be filed against a member of the legislature at any time after five days from the beginning of the first session after his election.
Sheriff Arpaio has clearly "held his office for a period of six months." According to ASU Law Professor
David Gartner and every other sentient being who reads this section, the time element applies to
new officials, not someone like Arpaio who's been in office for more than two friggin' decades! If Gartner's explanation isn't sufficient, the wingers might want to consult the secretary of state's
recall handbook [PDF], which also stipulates that the six-month time frame does not apply to incumbents:
"The commencement of a subsequent term in the same office does not renew the six month period delaying the circulation of petitions." p. 20
That's the secretary of state emphasizing the word "not" in that sentence, not me, to make it very clear that upon "a subsequent term" the six-month provision is no longer in effect. How many more ways can we say this?
No, Section 8.1.5. does not apply to Joe Arpaio's sixth term!
The sheriff's supporters are nervous—hence the lawsuit. They know he blew his $8 million war chest on the November election, when he barely received 51 percent of the vote. Studies show he is clearly vulnerable, which is why his cronies in the legislature are even trying to change the constitution to keep him in office!
Respect Arizona, the group organizing the recall, says they're not going to stop collecting signatures because of a bogus lawsuit or other pressure:
Lilia Alvarez, campaign manager for Respect Arizona, said the suit is an unsuccessful and premature attempt to intimidate her organization.
“We won’t back down,” she said.
Nor should they. Every other person who's helped Arpaio build his police state, from County Attorney Andrew Thomas to the sheriff's top aides, has been removed for corruption, cronyism, racial profiling, misuse of funds and other criminal offenses. It's time for Arizona's Jabba the Hutt with a badge to slither home and stay there.
I wrote the other day that Respect Arizona has suspended paid canvassing because they aren't getting help from the Democratic Party or deep-pocketed Dems. WTF?! Still, the grassroots group has already collected 150,000 of the 335,000 signatures needed to force a recall election, with more than two months to go before the May 30 deadline, so they're continuing to gather signatures with volunteers.
ACTION: If you can help Respect Arizona with a few dollars, or if you're in Maricopa County and can arrange a petition party, please contact Respect Arizona here.