[EL] Lisa Hauser in the news!

[Lisa T. Hauser]

Actually, for the New Times this is a very pleasant article!  Arizona's constitution reserves the rights of initiative, referendum and recall to the people.  Early on, the people were held to a substantial compliance standard in exercising all three rights.  In the early 1980s, however, the Supreme Court held that referendum should be subject to a strict compliance standard due to its "extraordinary nature."  The court didn't really even mention prior precedent to the contrary.  Since then, no Arizona appellate court has addressed the compliance standard for recall.  Given the reasoning used to apply the strict compliance standard to referendum, we argue that this is the standard that should apply to recall as well.  As for the oath requirement for recall, the records of our 1910 constitutional convention are unusually clear.  The debate indicates a desire to make the oath more stringent for recall-requiring that the circulators swear that the signatures are genuine.  They specifically rejected a proposal to require the oath prescribed for initiative and referendum petitions (that the signatures were "signed in my presence").  Later, the Legislature dropped the "genuineness" requirement from the statute setting forth the affidavit of circulator and directed that the oath be like that used for initiative and referendum.  Although we argue that strict compliance should be the standard, we argue that this oath fails to even substantially comply with what the framers intended.  There are other issues, as the article mentions.  If any member of the list wants copies of any of the pleadings or memoranda in the case, just let me know.


Lisa T. Hauser
(602) 256-4462
lhauser at gblaw.com
Attorney Profile<http://www.gblaw.com/attorney.asp?AttorneyID=46>

Gammage & Burnham
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From: law-election-bounces at department-lists.uci.edu [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Richard Winger
Sent: Tuesday, August 09, 2011 8:57 AM
To: law-election at uci.edu
Subject: [EL] Lisa Hauser in the news!

http://www.ballot-access.org/2011/08/09/arizona-trial-court-hears-oral-argument-on-validity-of-recall-petition/

Of course this story is in a publication that doesn't like Senator Pearce, so I acknowledge the story may be biased against Senator Pearce and his attorney, Lisa Hauser.


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