“Votebeat is a nonprofit news organization reporting on voting access and election administration across the U.S. Sign up for Votebeat Arizona’s free newsletter here. Supervisors in Navajo County had narrowed their pool to three finalists by the time they met to appoint a new recorder. One, Jose Lerma, was a voter registration coordinator in the recorder’s office and familiar with the elections side of the job. Another, Suzanne Hudspeth, was a local realtor — experience that could help with the recorder’s responsibility to manage public records, including property documents and government information. The final candidate, state Rep. David Marshall, seemed perhaps the least likely choice for the board of supervisors, on which Democrats hold three of five seats. State law required them to pick a member of the same political party as former Recorder Tim Jordan, a Republican who resigned in January . But Marshall was the most ideological of the three finalists. In the Legislature, he was an out-and-proud member of the ultra-conservative Freedom Caucus. He had supported legislation to ban vote centers , severely restrict mail voting , require ballots cast in local elections to be counted by hand , and more. And he was in the midst of a contentious primary campaign for a seat on the Arizona Corporation Commission. Supervisors conducted their final interviews with the candidates on April 14 in executive session, a type of closed-door meeting that allows policymakers to privately discuss certain sensitive topics. Upon returning to the dais, they scribbled down their votes on small sheets of paper. Then, they announced their choice: Marshall. Their decision left many political observers scratching their heads — and raised questions about what it means for the rural northern county’s elections . Marshall, who did not respond to requests for comment on this story, said in an April 23 statement that he was committed to “ensuring our elections are secure, transparent, and worthy of the confidence of every citizen.” “The role of county recorder may not carry the same visibility as a legislative seat or a statewide campaign, but its importance cannot be overstated,” he said. “The integrity of our elections and the protection of property rights form the bedrock of a free and self-governing society. These are not abstract principles — they are the foundation of public trust.” It also appears that the appointment may have caused a rift between Marshall and some of his closest allies at the state Capitol. An attorney closely affiliated with the Freedom Caucus is now raising legal questions about the appointment. Supervisors acknowledged the surprise in interviews with Votebeat. One, Democrat Dawnafe Whitesinger, called the situation “fairly complicated.” Another, Republican Daryl Seymore, when asked why the majority-Democratic board had chosen Marshall, said it was “a loaded question.” Other supervisors did not respond to a request for comment. But Whitesinger and Seymore indicated the choice came down to a combination of qualifications, intraparty politics, and questions asked of the candidates during final interviews in executive session — details they can’t disclose under state law. Why did Navajo County supervisors pick Marshall? The board’s vote for the new recorder did not fall along neat partisan lines. Whitesinger, along with Republican Jason Whiting and Democrat Fern Benally, voted for Marshall. Democrat Alberto Peshlakai voted for Lerma, and Seymore voted to continue interviewing the candidates. Seymore told Votebeat that he wanted to continue the process because he still had unanswered questions, but he declined to share more, saying he couldn’t reveal anything about conversations had in executive session. Still, he said he was confident that Marshall had a “solid understanding” of existing state law and the voting process. Although Marshall pushed for controversial election changes as a legislator, Seymore said he felt that Marshall would follow the law while overseeing voter registration, list maintenance, and other election-related duties that fall under the recorder’s office. Meanwhile, the local GOP was pushing the board to put a long-tenured Republican in the seat. One of the candidates, Lerma, had previously been registered as an unaffiliated voter but re-registered as a Republican earlier this year to seek the appointment. Navajo County Republican Committee Chair Lisa Green took the speaker’s podium before supervisors conducted final interviews to urge that they appoint someone registered with the party as of the 2024 general election. “To be clear, this request is not a comment on the character of any potential appointee on the vetted list presented here today,” Green said. “We are simply pointing out that the Republican Party platform of personal responsibility, limited government, and individual liberty is not something to change at will, but a set of core beliefs.” Whitesinger said supervisors were “looking for a candidate that best aligned with Navajo County,” adding that they also wanted someone who would “protect the rights of citizens to register to vote and also cast their vote.” “That means for every citizen, from the very tip of Navajo County and the southern area of Cibecue, all the way up to the northern region of Monument Valley and Kayenta,” she said. Marshall drew strong support from White Mountain Apache Tribal Council Chairman Jerome Kasey III and Councilwoman Annette Tenijieth. Whitesinger said she was hesitant to say much more, noting that she had to protect the confidentiality of conversations that took place in executive session. But she said she has always “tried to make decisions in the best interest of the county.” “I know that all our citizens are concerned about the decisions — not only this decision, but every decision — that we make as a board of supervisors,” she said. “I, too, live in this county and want it to continue to function as professionally as it has in years past.” Conservative attorney questions legality of Marshall’s appointment Before being sworn into his new role on April 21, Marshall resigned his legislative seat and formally pulled out of the Corporation Commission race. But there’s still one potential legal complication with his appointment . The Arizona Constitution states lawmakers cannot hold other state or county offices “during the term for which he shall have been elected.” Historically, there have been mixed interpretations of what exactly that means . It could mean that a lawmaker simply has to resign their seat before being sworn into another office, as Marshall did. But some say it means that a state legislator cannot hold another office until the end of their elected term. In Marshall’s case, that would bar him from becoming recorder until January 2027. Tim La Sota, an attorney who has long represented archconservatives in Arizona, is loudly making that argument. In an April 16 letter to county supervisors, he wrote that their appointment of Marshall was illegal. “It seems that the wise move would be to rescind this appointment before Mr. Marshall can purport to accept it by taking the oath of office,” he wrote. When Marshall was sworn in, La Sota followed up with a similar letter to Arizona Attorney General Kris Mayes, a Democrat. He accused Marshall of “illegally usurping office.” Richie Taylor, a spokesperson for Mayes, said prosecutors were “looking into the matter.” La Sota did not respond to questions on whether he was writing in his personal capacity or serving a paid client. He also did not say whether his involvement implied some sort of rift between Marshall and his longtime allies at the state Capitol — several of whom have used La Sota’s legal services in the past. But Marshall’s appointment seemed to catch at least one of his colleagues by surprise. State Rep. Ralph Heap, another Freedom Caucus member who is gunning for a seat on the Corporation Commission, told KJZZ hours before the board picked Marshall that he was hoping his fellow candidate wouldn’t take the job. Marshall said on April 23 that he hadn’t made the decision lightly and that he still supported Heap. “While I have stepped away from that race, I have full confidence it will continue in capable hands,” he said in a statement, adding that Heap would “serve Arizona well.” Sasha Hupka is a reporter for Votebeat based in Arizona. Contact Sasha at shupka@votebeat.org .
Original story
Continue reading at Votebeat
www.votebeat.org
Summary generated from the RSS feed of Votebeat. All article rights belong to the original publisher. Click through to read the full piece on www.votebeat.org.
