Arizona has a tough Resign to Run law. ARS Sec. 38-296 says that an incumbent shall be deemed to have offered himself for election to an office in violation of the resign to run law if he makes "a formal public declaration of candidacy for such office". If an elected official "offers himself" while not in the last year of his current term, he is deemed to have resigned from office.
That's why if you talk to an elected official who is widely expected to run for a higher office, he will invariably say that he's "seriously considering it," or he's "exploring his options." I recently emailed an elected official and asked him about rumors that he was running for a higher office. Here was his response.
"Yes, I am still considering the race. I cannot say anything definite until January."
That's pretty clear, but well within the law.
Occasionally however a politician can let his guard down in front of a friendly crowd. Here's an audio tape of Attorney General Terry Goddard in front of a group of Democrats in west Phoenix. Fast forward to 1 minute and 15 seconds and you will hear an inaudible question about his future plans, followed by a very clear answer.
"I intend to run for Governor." At that point, the crowd goes wild.
While we might quibble about "I intend to run" verses "I am running," it seems like a distinction without a difference. There is no equivocation. He's basically saying that he's a candidate but that he hasn't started a formal campaign yet.
That's a clear violation of the law. Now here's the interesting part. The law does not REQUIRE Goddard to resign after his declaration. The law says that he HAS resigned when he makes the declaration.
Maybe that fancy taxpayer-funded publicity brochure should say "I used to work for you!"
Geez, and I intend to call you an (expletive deleted),
but have I?
No.
Your partisanship has made you blind to reality.
And you want to replace newspapers?
I think New Times does a better job.
Posted by: Give me a Break | May 29, 2009 at 09:15 PM
and his next line was "and that's exactly what I'm going to do." I don't often agree with Greg, but it sounds like Terry stepped over the line.
Posted by: Bill | May 29, 2009 at 09:51 PM
"Give me a Break," give me a break. When you're the chief law enforcement officer, you conduct yourself in an ethical, legal and honorable manner at all times. Then again, I guess you have to understand the job in the first place.
Posted by: Terry for Galactic Emperor! | May 29, 2009 at 09:53 PM
"I intend" is plainly not the same thing as "I am" or "I will".
Posted by: CMR | May 29, 2009 at 11:44 PM
Hey, he can always argue he was just quoting himself from a speech he gave in 1989 and again in 1993.
Posted by: Name: | May 29, 2009 at 11:51 PM
CMR, it sounds like you agreed with Clinton when he said it depends on what the meaning of "is" is.
If Pederson were serious about running for Governor he would call on Terry to step down. Absent this, the Republican party needs to file a formal suit challenging him, even if they don't win they can chip away at him, people hate it when politicians skirt the law.
Of course, it sounds like the Republican party already has all its money tied up in attack ads against conservative Republicans...
Posted by: Whiskey Jack | May 30, 2009 at 12:05 AM
You're starting to sound like the "gotcha" media there, Greg.
Posted by: Jay | May 30, 2009 at 01:18 AM
Does collecting signatures to get your name on the ballot, before January qualify as well? How does one file suit in these types of cases?
Posted by: interested | May 30, 2009 at 10:04 AM
I am in no way, shape, or form a fan of Terry Goddard. However...
I have to disagree with Greg here. "Intend to run..." is indeed different from "I am running..." in that the first one points to a future action not yet realized, while the second one points to a current action actually underway.
And that difference is important. When my wife and I got married, we "intended" to have children - then found out we couldn't. Our intentions didn't make it a reality. Rememeber the lines about "the best laid plans of mice and men..." Goddard may intend to run - but still might back out.
Even with the next line Bill mentions, the difference remains. "Will" is the _future tense_ of "am" - so he is not yet a candidate, but plans to become one in the future.
(Sorry for all that... I guess four years of Greek and two years of Hebrew - with a strong emphasis on grammar - paid off after all!)
By all means, let's challenge Goddard's policies and actions - and there's a lot there to challenge. But this is not the issue to go to work on.
Posted by: PaulS | May 30, 2009 at 11:07 AM
Couldn't his statement could also be read to mean he intends to run sometime in his life?
Posted by: Simon says: | May 30, 2009 at 12:03 PM
I intend to not vote for him.
Posted by: Travis | May 30, 2009 at 01:46 PM
Simon, that's crazy talk. Meaning of course that it's reasonable. I intend to retire. I suppose that means I just gave notice?
Posted by: Jay | May 31, 2009 at 02:12 AM
That's awesome Greg. Now anyone he prosecutes can simply get their conviction overturned because Terry Goddard had no authority to prosecute! Time to go to Arizona and commit some crimes! weeeehaw!
Posted by: Sameer Parekh | May 31, 2009 at 10:29 AM
So...where does Greg stand on the half-dozen or so Republican state lawmakers over the years that have made similar or worse statements? I'm thinking of Tim Bee, John Greene, Ken Bennett, Randy Graf, Mark Anderson, John Kaites, etc. Arizona DOES NOT have a strong resign to run law. The way courts have interpreted you can say everything up to "I am running" and be fine.
Posted by: Patrick | May 31, 2009 at 01:15 PM
I'm unclear how this all compares to the fact that Tom Horne is receiving endorsements for his unannounced run for AG. Can you be endorsed for a race you haven't made? I think Tom Horne is closer to the fine line than Terry Goddard is.
Posted by: Jack | May 31, 2009 at 03:30 PM
"...and that's exactly what I'm going to do."
That part of the quote is the problem: "...I'm going to (run for Governor)."
It's kind of a goofy law though. It encourages people to skirt it, but, as Terry has said to my face, "the law is the law."
Posted by: Jim Torgeson | May 31, 2009 at 06:21 PM
So if he doesn't resign now I guess we can file a complaint with the Attorn....wwwwait a minute...he's not going to prosecute himself!
Posted by: Stewie | June 01, 2009 at 01:33 AM
Tom Horne resign?! To quote Cartman from South Park, "Schweeeeeeeeet!"
Posted by: Antifederalist | June 01, 2009 at 11:03 AM
I don't care whether Terry runs or not; I do want to know where's that snarky little Emily DeRose calling for Terry to step down as AG?
Posted by: RonB | June 01, 2009 at 02:39 PM
And also Tedski--where's Tedski of R-cubed fame screaming for TG to step down as AG?
Posted by: RonB | June 01, 2009 at 03:35 PM
Greg, didn't all that book-learnin' in law school teach you the difference between intent and action? If a guy tells his buddy he intends to rob a bank but then he never does rob the bank, would you still arrest and convict him? Yeesh.
Posted by: oldschool | June 01, 2009 at 07:09 PM
Oldschool;
You would for conspiracy.
Posted by: Jim Torgeson | June 02, 2009 at 09:27 AM
Maybe that's how to get Goddard out of office. Say he "conspired" to run for Guv...
Posted by: oldschool | June 02, 2009 at 10:59 AM
That's like saying I didn't "intend" to get pregnant.
Posted by: Name: | June 02, 2009 at 11:28 PM