Navajo County will keep former lawmaker David Marshall as its recorder despite a legal challenge from Attorney General Kris Mayes.
On Monday, the Maricopa County Superior Court cleared the former state representative for the 7th Legislative District of any wrongdoing in connection to his assuming the Navajo County recorder position.
Marshall stepped down from the legislature in mid-April to fill the vacancy caused by the resignation of Navajo County’s former recorder, Timothy Jordan.
Attorney General Kris Mayes had promptly asked the courts to remove Marshall from the recorder’s office for accepting the appointment within the time period he would have continued to serve his term had he not resigned, citing as justification the Arizona Constitution’s provision barring members of the legislature from holding any other offices or taking employment with state or local governments.
From Article IV, part two, section five of the Arizona Constitution: “No member of the legislature, during the term for which he shall have been elected or appointed shall be eligible to hold any other office or be otherwise employed by the state of Arizona or, any county or incorporated city or town thereof.”
Marshall accepted the appointment several days prior to resigning from the legislature, and his legislative term was scheduled to end January 2027.
Mayes told Marshall in a demand letter that the Arizona Constitution required lawmakers to wait out their legislative terms prior to holding any other offices or accepting any state or local government employment, regardless of a resignation, citing the finding of an attorney general advisory opinion issued in 1977.
Mayes demanded Marshall resign on threat of legal action in the Arizona Supreme Court.
“Because your term as an elected representative will not conclude until January 2027, you are not currently eligible to hold another public office or be otherwise employed by the state or ‘any county … thereof,’” stated Mayes.
Maricopa County Superior Court Judge David McDowell disagreed with Mayes’ interpretation.
McDowell stated in a Monday ruling that only by taking the oath of office for county recorder as an active legislator would Marshall have run afoul of the Arizona Constitution. Marshall’s resignation from the legislature went into effect on April 17; Marshall didn’t take an oath of office to become county recorder until April 21.
Therefore, McDowell said Marshall was not a member of the legislature when he officially assumed the recordership.
McDowell’s finding was consistent with what Marshall’s private attorney, Linley Wilson, claimed in a response letter to Mayes, which cited Arizona Supreme Court precedent drawing a distinction between persons elected to the legislature and members of the legislature.
“The concern is straightforward: a sitting legislator should not be able to use his legislative power to create or enhance an office for his own benefit, trade votes for positions, or otherwise exploit his seat for personal gain,” stated Wilson. “It appears that no Arizona court has ever held that a legislator who resigned before assuming another appointed office was subject to ouster through a quo warranto action or any other legal proceeding. To our knowledge, every reported case in which ouster resulted involved a public officer who failed to resign or failed to cure a disqualification before assuming office.”
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Andrew Costanzo, a Republican candidate for the 7th legislative district, still believes public education is key to Arizona’s future. But Costanzo says Arizona has serious need for reform — and that’s why public schools continue to decline.
Costanzo has proposed remedying low student proficiency rates by increasing school choice competition, mirroring Mississippi law, and implementing merit-based bonuses for educators.
He has also proposed growing the state’s universal school choice program by allowing property taxes to follow the child rather than according to the geographical predeterminations that fund school districts.
Costanzo is also very much against the proposed ballot initiative to end universal school choice. He said opportunity for educational freedom should be afforded to all, regardless of economic status. He also said educators would benefit from greater competition because they would be marketable on merit.
“How will these children reach their full potential as adults if they can’t read? We’re causing them a lifetime of pain,” said Costanzo in an interview last month. “The schools need something that benefits all businesses, and that’s competition.”
Costanzo also proposed enacting legislation similar to Mississippi’s Literacy-Based Promotion Act in Arizona, which policy experts have credited with a dramatic turnaround in student outcomes.
The lifelong Republican, who operates a family business near Payson, views freedom as the result of individuals taking on personal responsibilities and risks.
“Security, which is typically imagined, requires minimal personal responsibility and risk,” stated Costanzo’s website. “The alleged security is always provided at the loss of freedom.”
Beyond those philosophical takes on political matters, Costanzo presented a platform heavy on reducing government regulations through serious bureaucratic downsizing and greater deference to local governments, while increasing election security measures, resisting increased gun restrictions and abortion freedoms, retaining protections for law enforcement, and rolling back renewable energies.
Costanzo said in an interview last month that the legislature must “economically strangle” cartels and further scrutinize state agencies to recover what he says are sizable amounts of taxpayer funds being lost.
“It is so evident that there is waste, fraud, and abuse [in Arizona],” said Costanzo.
Costanzo’s platform also addressed at length the ongoing consequences of mass illegal immigration.
He described opposition to the present government handling of the illegal immigration crisis. According to Costanzo, the status quo victimizes both the illegal aliens and Americans. Illegal aliens face exploitation due to their vulnerable status as noncitizens, while Americans face the burdens of increased crime and strained public resources.
“Illegal aliens are often exploited financially, physically, or sexually. These people become part of an underclass of humans, a new form of slavery,” said Costanzo. “Whomever the victim, law enforcement resources must be implemented, the legal system is burdened, and incarcerations are applied. All paid for by the American taxpayer. […] [And t]he children of illegal aliens only put more pressure on an already failing [public school] system. Children who do not speak English must receive additional attention and resources, depriving the same from American students.”
Costanzo has been involved with the Arizona Republican Party, Gila County Republican Committee, Maricopa County Republican Committee, and Arizona Law Enforcement Emerald Society. He served as a precinct committeeman as well as a chairman, first vice chairman, and secretary for his legislative district.
This year marks Costanzo’s second time running for this office. He failed to secure the nomination in the 2024 Republican primary, which proved to be more crowded than this year’s primary: six candidates fought for two seats.
The 7th legislative district has fewer contenders in the Republican primary this time around.
State Rep. Walt Blackman is running to retain his seat, the other vacated by the April resignation of former lawmaker David Marshall. Three candidates are fighting for that spot vacated by a would-be incumbent: Costanzo and fellow 2024 primary candidate, Barby Ingle, and former state representative David Cook.
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Precinct committeemen in Arizona’s Legislative District 7 have selected three nominees to fill the vacancy created by the resignation of former State Representative David Marshall, according to the Republican Party of Arizona.
The nominees are Lynn Dewitt, a Taylor Town Councilmember, former Arizona State Senator Sylvia Allen, and Tisha Carlisle, a Snowflake Realtor and founding president of the Northeast Arizona Republican Women. They were chosen by acclamation during a meeting of district precinct committeemen and will be submitted to the Navajo County Board of Supervisors for final consideration, the Arizona Republican Party said in a press release on Friday.
Well done! Congrats to Lynn Dewitt, Sylvia Allen, and Tisha Carlisle for being nominated by our great PCs. Thank you LD7 Chairwoman Lisa Green!https://t.co/K9xRCR4mHx
The vacancy was formally announced on April 15 in a letter from Marshall to Arizona House Speaker Steve Montenegro (R-LD29), and the Arizona Secretary of State notified the state party on April 20, triggering the statutory process for filling legislative vacancies.
Under ARS §41-1202, the political party of the departing legislator is responsible for nominating three qualified candidates from the same party and legislative district. Those nominees are then forwarded to the relevant county board of supervisors, which must appoint one of the three to serve the remainder of the term.
The nomination process must be completed within five business days of notification of the vacancy. The party coordinates with local legislative district leadership to organize the meeting of precinct committeemen and conduct the selection.
Following the vote, Sergio Arellano said the process was conducted in a “smooth and professional” manner and thanked local party officials and committeemen for their participation.
“Today, Navajo County Republicans showed what strong local leadership and grassroots engagement look like. I want to thank Chairwoman Lisa Green, the precinct committeemen, and everyone involved for conducting a smooth and professional process,” Arellano said. “Congratulations to Lynn Dewitt, Sylvia Allen, and Tisha Carlisle on being advanced to the Board of Supervisors. Navajo County continues to lead by example, and I’m proud of the work done here today.”
The Navajo County Board of Supervisors will now review the three nominees and appoint one to represent Legislative District 7 in the Arizona House of Representatives.
The appointee will serve for the remainder of the current legislative term.
