Overview
- Attorney General Kris Mayes filed a quo warranto action Thursday in Maricopa County Superior Court to oust Recorder David Marshall, using a tool that asks a judge to remove someone alleged to hold office unlawfully.
- Her complaint says the Arizona Constitution bars a legislator from holding any other state, county, or city post during the term for which they were elected, and it cites a 1977 AG advisory opinion to argue resignation does not cure the ban.
- Marshall was appointed in April by the Navajo County Board of Supervisors to replace Recorder Tim Jordan, who resigned in January, and he left his House seat before being sworn in as recorder and withdrew a separate statewide bid.
- Marshall’s attorney, Lainey Wilson, argues the prohibition applies only to sitting lawmakers, says Marshall resigned before assuming the new post, and points to Arizona Supreme Court rulings from 1961 and 1973 that support that view.
- A separate lawsuit from Suzanne Hudspeth also challenges Marshall’s eligibility, and the court’s decision could guide how counties fill vacancies and whether legislators can shift into other offices before their terms end.