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The constitutional law behind Russell Pearce recall


law professor
November 16, 2011

Paul Bender, professor in ASU's Sandra Day O'Connor College of Law, discusses Russell Pearce's recall by voters in a recent article in the Huffington Post.

Pearce, a Republican legislator, was recalled by voters on Nov. 8. Bender said there may be a precedent for Pearce seeking reimbursement by the state for some campaign costs.

The Arizona Constitution states that Pearce would be able to ask the state to reimburse the cost of his unsuccessful campaign to fight being recalled from office. However, no law has been written to implement the constitutional language, Bender said.

In 1988, former Arizona Gov. Evan Mecham (R) reached a settlement to receive several hundred thousand dollars in reimbursement for a cancelled recall against him, Bender noted. This could pave the way as a precedent for Pearce.

The entire article may be foundĀ here.

Bender teaches courses on U.S. and Arizona constitutional law. He has written extensively about constitutional law, intellectual property and Indian law, and is co-author of the two-volume casebook/treatise, "Political and Civil Rights in the United States." Bender has argued more than 20 cases before the U.S. Supreme Court and actively participates in constitutional litigation in federal and state courts.

Megan Stewart, mlstewa3@asu.edu
Office of Communications, College of Law
480-727-5458