A. At the primary election the members of a political party entitled to representation pursuant to section 16-804 residing in each precinct shall choose one of their number as a county precinct committeeman, and the members shall choose one additional precinct committeeman for each one hundred twenty-five voters or major fraction thereof registered in the party in the precinct as reported pursuant to section 16-168, subsection G on January 2 of the year in which the general election is held. The whole number of precinct committeemen of a political party shall constitute the county committee of the party.
B. The board of supervisors upon the recommendation of the county chairman, or the recommendation of a committee designated in the bylaws of the county committee for that purpose, shall determine when a vacancy exists in the office of precinct committeeman. If a vacancy exists, the vacancy shall be filled by the board of supervisors from a list of names submitted by the county chairman of the appropriate political party. Only a precinct committeeman elected at the primary election prior to the date of a state or county committee organizing meeting shall be permitted to vote at such meeting. The criteria used to establish when a vacancy exists in the office of precinct committeeman shall be as established in section 38-291.
Notes of Decisions
Arizona Libertarian Party v. Schmeral, 28 P.3d 948 (Ariz. Ct. App. 2001).
· cites it 16× “Ap-pellees contend that this state-designated organizational structure unconstitutionally burdens the freedoms of speech and association guaranteed by the First Amendment to the United States Constitution. 4 ¶ 15 The statutory scheme in question starts with A.”
Arizona Libertarian Party, Inc. v. Bd. of Supervisors, 70 P.3d 1146 (Ariz. Ct. App. 2003).
· cites it 30× “Although both sides frame the issue slightly differently, the basic issue before us is whether the legislature, in enacting A.R.S. § 16-821, intended that parties such as ALP, which are entitled to continued state representation but not continued county representation in the…”
Arizona State Democratic Party v. State, 115 P.3d 121 (Ariz. 2005).
“§ 16-825 (1996) provides as follows: The state committee of each party shall consist, in addition to the chairman of the several county committees, of one member of the county committee for every three members of the county committee elected pursuant to § 16-821. The state…”
Arizona Libertarian Party, Inc. v. Bayless, 351 F.3d 1277 (9th Cir. 2003).
“§ 16-343, and collectively constitute the state party committee, Ariz.Rev.Stat. §§ 16-821, 16-825. In Eu, the Supreme Court held that California’s restrictions on how parties should be organized and how they select their leaders unconstitutionally burdened political parties’…”
— Ariz. Rev. Stat. § 16-821(A) — 1 case
Arizona Libertarian Party, Inc. v. Bd. of Supervisors, 70 P.3d 1146 (Ariz. Ct. App. 2003).
“Although both sides frame the issue slightly differently, the basic issue before us is whether the legislature, in enacting A.R.S. § 16-821, intended that parties such as ALP, which are entitled to continued state representation but not continued county representation in the…”
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