Joe Arpaio's Birther Buddies Say They'll Take Recall Effort to Court to Shut It Down


Klayman and "Citizens To Protect Fair Election Results, LLC," -- AKA, the birthers -- held a press conference yesterday, and having been fooled into attending a birther-led press conference before, we didn't make that mistake yesterday.

So, thanks to the Associated Press for attending, and discovering that Klayman kept it just as vague at the press conference (read it for yourself, here). In fact, Klayman only mentioned one specific part of the recall effort he finds illegal.

"In arguing the recall effort was unconstitutional, Klayman cited a section of the Arizona Constitution that prohibits the circulation of recall petitions against an official until he or she has held office for six months," the AP reports.

Let's flip open the Arizona Constitution, Article 8, Part 1, Section 5:

5. Recall petitions; restrictions and conditions

Section 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. After one recall petition and election, no further recall petition shall be filed against the same officer during the term for which he was elected, unless petitioners signing such petition shall first pay into the public treasury which has paid such election expenses, all expenses of the preceding election.

"[H]eld his office for a period of six months," huh?

That seems strange. Arpaio's been in office since 1993, which seems to us to be longer than six months, with the year being 2013 and all.

If that's not clear enough, let's get clarification from Title 19 of the Arizona Revised Statutes:

19-202. Recall petition; limitations; subsequent petition

A. A recall petition shall not be circulated against any officer until he has held office for six months, except that a petition 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. The commencement of a subsequent term in the same office does not renew the six month period delaying the circulation of a recall petition.

If that's still not clear enough, let's get clarification from Secretary of State Ken Bennett's "Initiative, Referendum, & Recall Handbook" from November, 2011:

recall-handbook.jpg
Now, we would like someone to prove to us that Klayman didn't obtain a law degree by paying a website $5 so he could print one off from home.

For good measure on the cease-and-desist letter, Respect Arizona's Chad Snow sent a somewhat-unrelated cease-and-desist letter to Maricopa County Republican Committee Chairman A.J. LaFaro, ensuring that Respect Arizona's doing everything by the books -- just like some of its members did when they successfully recalled Russell Pearce.

"Our effort to remove recalled-Senator Russell Pearce from office was found to be entirely within the bounds of the law and the Constitution of our State by the Superior Court, Court of Appeals, and Arizona Supreme Court," Snow's letter says. "I can assure you that the current effort to remove Sheriff Arpaio will similarly comply with every requirement of the law and the Constitutionally-guaranteed right of recall of public officials."

Respect Arizona's still in the signature-collecting phase, so we'll keep you posted on any signature counts they release.



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47 comments
robert_graham
robert_graham

When a recall effort is launched against Raul Grijalva, Catherine Miranda and Krysten Sinema would you try to stop it?

robert_graham
robert_graham

And the recall effort will be shut down. The plug will be pulled sooner than you think.

graham57
graham57

As Ken White of Popehat is fond of saying, vagueness in legal threats is the hallmark of bullying and thuggery. Klayman is blowing smoke out of some place where the sun does not shine. I look forward to his "compelling" evidence. 

eric.nelson745
eric.nelson745 topcommenter

It seems to me that any lawsuit filed by these jokers will be dismissed because none of them have standing. Only Joe can do that and only if he's actually been recalled. As far as there being any criminal activity on the part of Respect AZ, then Klayman can file a police report. Again, since nothing has actually happened yet, the only finding would be that no crime was committed. Yeah, maybe this guy really does have a mail-order law degree.

Linda Gibson
Linda Gibson

Jose Arpaio..a 1st generation Mexican.... Narcissistic

David Howard
David Howard

I'm sure he's spreading the corrupt wealth of the Koch Brothers to stop this! Many corporate interests have invested in Arpaio and his ways as sheriff!

Joe Kennedy
Joe Kennedy

He must be craping in his diaper right about now.

dennis20
dennis20 topcommenter

It does seem as though these Surprise Tea Party retirees have some money they like spending on stupid stuff.  That is why Arpaio cattered to them over the birther thing.  We will keep hearing from them until they spend it all. If I were their children or grand kids I would have a talk with them before they show up on their door step broke. 

WhoKnows
WhoKnows topcommenter

The Joke Clown Show seems to be getting desperate!  GOOD!

Mo Sberg
Mo Sberg

Always on the wrong side of history- I can't wait until most of his generation dies off.

Jose H Nava
Jose H Nava

they most be afraid lol lol lol !!!!

Michael Schilling
Michael Schilling

HAHAHAHA.... Sheriff Joe "Fart Pile O" Arpaio and his Fat Chance friends are running scared!!!! LMFAO

david_saint01
david_saint01 topcommenter

lmao i still find it funny they are calling this unconstitutional, while trying to change the state Constitution so Brewer can run for a third term....do these morons really not see their hypocrisy, or do they just have no shame? lol nevermind, i know the answer already..

MotherJones
MotherJones

Pearce had just been re-relected when the recall started. He was recalled all the same. This birther bullshit has about as much chance of working as the birthers' efforts to nullify the 2008 election.

Come November, it's good bye, Joe. Don't let the door hit ur ass on the way out.

JohnQ.Public
JohnQ.Public

Illegal is Illegal!  And not illegal is....I guess....not illegal?

danzigsdaddy
danzigsdaddy topcommenter

Lisa Allen asks what has happened since he was elected...... for one, how about the report on the investigation into the botched sex crimes cases and how nobody is in trouble for them? how about the lie during the election that Joe had those cases open and was re-investigating them, all the while those cases and investigation were done in 2011 and NOTHING happened in them in 2012 like Joe claimed was being done? he ran on a flat out lie about those cases just to garner votes that he had lost because of those cases. and that is from his own report from his agency on those crimes and the investigation. again we ask Joe like they did in his depositions "which is the truth? what you say here and now, or what you said then?"

L.C.
L.C.

Smells like desperation.

PissOnArpaio
PissOnArpaio

Now did you really expect anything else from the dumbass's that support the clown Arpaio.

Lets face it, Arpaio supporters are dumber than a bag of rocks.

As Lisa Allen once said, "Educated people don't vote for Joe Arpaio"

ArizonasPolitics.com
ArizonasPolitics.com

You nailed this legal analysis, Matthew!  The only thing missing are some citations from court opinions saying that the Legislature's enactment of 19-202 was a valid and intentional clarification of any possible uncertainty in the constitutional provision.  Also, the Secretary of State's handbook is of limited value, although IF Klayman ever takes it to court, recall proponents could argue that the court should not disqualify the intent of the people who organized (or, signed) the recall petitions because they (Respect Arizona and the signers) acted in good faith upon that.  In the recent decision on the sales tax mess, the AZ Supreme Court did take notice of non-constitutional and non-statutory stuff like that.

I think the likely proof that Klayman did not get his law degree - or, bar license - through questionable means will come when he DOES NOT FILE a lawsuit based on this.  As I speculated earlier on my blog (which you so graciously noted), he will be opening HIMSELF up to being responsible for recall proponents' legal fees (therefore, attorneys will NOT be offering their services pro bono!) (A.R.S. 12-349) AND to a possible ethics charge.  (Course, just sending demand letters with baseless legal arguments conceivably opens himself up to problems, but he does have the kernel of an argument in the constitutional argument).

danzigsdaddy
danzigsdaddy topcommenter

wow.....Joe's defense is as lame as Seagals acting career.........dead in the water. if you are going to quote what part you find illegal and put the time into researching it, reading a couple more sentences down wouldnt have hurt (especially the part right underneath with the bold type saying NOTE:......)

marcy
marcy

@JoeArpaioFan 

No, it's the right of the people to circulate recall petitions.  I wouldn't make any effort to stop people from doing so.



interloper
interloper

@eric.nelson745According to the Florida Bar, Klayman is a member in good standing and got his degree from Emory University School of Law. However, just because one has a degree, even one from a reputable school, does not make one good at one's chosen profession. I've known a couple of MIT grads that couldn't engineer their way out of a paper bag. Consider the case of  birther Gary Kreep who managed to get himself elected as a superior court judge in San Diego even though the local bar rated him as not qualified.

robert_graham
robert_graham

@David Howard No corruption is involved, just common sense.

robert_graham
robert_graham

@Joe Kennedy No you are the one craping in your diaper.

JohnQ.Public
JohnQ.Public

@dennis20 a talk with them? I'd seek conservatorship over them if I were one of their children.

robert_graham
robert_graham

@WhoKnows Actually you Arpaio haters are the people that is desperate. You'll try anything to get your way then stomp your feet and cry like a baby when your candy is taken away from you.

robert_graham
robert_graham

@Michael Schilling Actually you are running scared.

danzigsdaddy
danzigsdaddy topcommenter

@MotherJones  hopefully he will be able to spend quality time with Henderschott, and thank him for being his patsy

matt.hendley
matt.hendley

@ArizonasPolitics.com "The only thing missing are some citations from court opinions saying that the Legislature's enactment of 19-202 was a valid and intentional clarification of any possible uncertainty in the constitutional provision."

I spent a couple minutes looking for something like that, and didn't come up with anything. If you could pass along a link, that would be great. Thanks.

WhoKnows
WhoKnows topcommenter

@interloper @eric.nelson745 on't forget that Andy Thomas had a Harvard degree and got disbarred here due to the games he played with Arpaio.

eric.nelson745
eric.nelson745 topcommenter

@interloper @eric.nelson745 Yeah, well I've had words with Gary Kreep myself. He somehow got a seat on the SD Human Rights Commission. Not exactly a good fit. Not unlike a fox in a hen house. Especially on the subject of gay rights.

IdontRecall
IdontRecall

JoeAssFan, THE POS SHURF  is so CORRUPT that even the Mfer is gonna be featured in the GUINESS  for the "MOST CORRUPT SHURF"

IdontRecall
IdontRecall

JoeAssFan, No Jose Arpaio Flores is the one peeing and craping in his pink diaper, unless he is still wearing his pink G-String, then he is gonna crap in his pants.LOL.BTW, I hope both of You get diarrhea, see what you do. DILDO

danzigsdaddy
danzigsdaddy topcommenter

@JohnQ.Public aint that the sad truth. if they are getting taken in by this bullshit that Joe is spreading.........I'd also disconnect the phone before the telemarketers screw them out of their last pension pennies

IdontRecall
IdontRecall

Damn Jaffy, You are so stupid, that sometimes I feel bad for calling You STUPID, now go back to the corner, DUNCE.

danzigsdaddy
danzigsdaddy topcommenter

@MotherJones well thats a good question now, isnt it? now i am not too sure myself anymore

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