The prior episode, regarding freedom of speech and trademark law issues, represented by attorney Paul Levy on behalf of candidate Jeremy Whittaker in his election campaign for Mesa City Council District #2 was featured in three earlier posts on this blog: on May 25, June 01 and June 05, 2016.
Please go back and read them if you haven't taken the opportunity . . .
AZ State Solicitor General John Lopez |
But that prohibition exists only from 60 days before a primary election and ending 15 days after the general election. Candidates who lose in the primary have to remove their signs 15 days after that race.
But Rep. Kelly Townsend, R-Mesa, pointed out that Arizona law says early ballots go out about a month ahead of the actual primary. And voters can fill them out and mail them back as soon as they get them.AZ State Solicitor General Lopez said that interpretation of the law does not work.
“The date of the primary election is the date specifically provided by statute, not the date that ballots are mailed out for the primary election,” he wrote.
“Nothing in the early balloting statute ... purports to alter the date of the 'primary election,' “ Lopez continued. “It simply allows qualified electors to vote by early ballot.”
Anyway, he said reading the law the way Townsend suggested “would be to manufacture ambiguity.”
Townsend, who didn't comment after Howie Fischer's first reporting, said she agrees with what Lopez concluded but sought the opinion because a political foe was erecting signs earlier than 90 days before the primary, using the early ballot date. Townsend said if that was the way the law could be read, “I didn't want to lose 30 days' opportunity.”
The state law governing political signs trumps city laws Excerpts taken from Solicitor general rejects bid to jump the gun on campaign signs
Read more: http://azcapitoltimes.com/news/2016/06/07/solicitor-general-rejects-bid-to-jump-the-gun-on-campaign-signs/#ixzz4BTHlNRhb
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