PHOENIX — A provision in the Arizona Constitution could mean that the newly sworn in Maricopa County recorder really isn’t — at least not yet.
Yes, Republican Justin Heap won the November election, defeating Democrat Tim Stringham. And, under normal circumstances, county elected officials take office on the first Monday of the new year.
In fact, Heap took the oath of office Monday afternoon.
But it’s not that simple.
Outgoing state Rep. Justin Heap takes the oath of office Monday for Maricopa County recorder.
Heap was elected a state representative from Mesa in 2022. The Arizona Constitution says no member of the Legislature is eligible to hold any other office or be employed by the state, county or any city “during the term for which he shall have been elected.’’
More to the point, lawmakers legally remain in office until their successors are sworn in. And that won’t occur until noon on Jan. 13, this coming Monday.
The provision is meant in part to keep state lawmakers from creating a new government position and then quitting their $24,000-a-year job as a legislator to take the more lucrative post.
And while Heap and lawmakers didn’t create a new post of county recorder, he still isn’t permitted to be employed there just yet.
So who, right now, is the recorder?
Stephen Richer said it’s him.
He was the recorder, first elected in 2020. But he was defeated in last year’s GOP primary by Heap.
Under normal circumstances, the terms of county officials are up the first week of the year.
But the Arizona Constitution has a provision to cover that. It says the term of every elected or appointed officer “shall extend until his successor shall be elected and shall qualify.’’
And if Heap is not yet qualified to be recorder, that leaves Richer in office for another week.
Richer, who is an attorney, told Capitol Media Services that’s his reading of how the constitutional provision works. It’s also the advice he got from the Maricopa County Attorney’s Office, he said.
A spokeswoman for the office confirmed that advice was given.
But Heap, who also is a lawyer, said he got his own advice from attorneys at the state House of Representatives. He said they told him his term as a legislator ended on Monday, meaning he was free to be sworn in for his new job as the county’s 31st recorder.
A House spokesman confirmed there was such advice.
Richer said he saw no reason to challenge the move. In fact, anticipating that Heap would claim the office immediately, Richer said he moved out all of his personal belongings Friday lest he find himself locked out of his own office.
Anyway, he said, he is preparing to teach at Harvard Law for the next year.
The issue of how long lawmakers serve is far from new.
In 1980, for example, then state Rep. Arnold Jeffers, a Tucson Republican, got elected to be the Pima County assessor.
Jeffers, however, did not take office on the first Monday of 1981 along with all the other elected county officials. Instead, he was told he had to wait a week since, strictly speaking, he was still a legislator until his successor was sworn in.
In fact, Jeffers said, the way the constitutional provision is worded it would not have made a difference even if he resigned: He was still in the term for which he had been elected.
That left Steve Emerine as assessor for the extra week.
The interpretation that Heap said he got about the terms of state lawmakers ending the first Monday of January presents an interesting issue: If all the lawmakers are out of office now and the new legislators are not being sworn in until Jan. 13, is there a state Legislature this week that can be called upon if necessary?
“Effectively, no,’’ said Heap. But he said that makes it “the best week of the year for the people of Arizona.”
