Gov.Jan Brewer: Can she or can’t she?

Arizona Gov. Jan Brewer assumed the state’s top office in 2009, after then-Gov. Janet Napolitano left mid-term to accept a cabinet post with the Obama administration. In Arizona the line of gubernatorial ascension is via the office of the Secretary of State. Jan Brewer is no political novice, having previously been elected to the state House, Senate, Board of Supervisors and as Secretary of State. After taking the helm of state in the midst of Napolitano’s hasty exit, Brewer was elected to a full 4-year term in 2010.

Gov. Brewer has expressed interest in running for a second full term, saying she may legally challenge the Constitutional restriction.  The state Constitution limits executive officers to two consecutive four-year terms, including “any part of a term served.” She might argue her move from the Secretary of State’s post to the Ninth Floor Office was automatic upon Napolitano’s leave taking — causing her to  inherit the office.

Although some legal experts say the likelihood of a successful challenge would be very low, Joe Kanefield, a one-time assistant attorney general, former state election director and Gov. Brewer’s general counsel — now in private practice — thinks otherwise, and makes some cogent points, including one regarding the original intent of the limitation as it relates to “gaming“ the system.*

The Secretary of State’s post has long been a pathway to Arizona’s Governorship for a number of politicos.  A third of the way through his full term, Gov. Raul Castro left to become ambassador to Argentina. Secretary of State Wesley Bolin took the reins in 1977, but served only five months before succumbing to a heart attack. His untimely death paved the way for Attorney General Bruce Babbitt, the next in line of succession, since then-Secretary of State Rose Mofford was appointed and not holding the office by election, as required by the Arizona Constitution. She later ran and was elected, putting her in position to succeed Gov. Evan Mecham. He was elected in January 1987 and was impeached in April 1988. Rose Mofford chose not to run for a full term as governor. Fife Symington was elected governor in 1991 and stepped down amid allegations of wrongdoing in September 1997. That paved the way to the governor’s office for Secretary of State Jane Dee Hull, who then ran for a single full term.

Article V, §1 of the Arizona Constitution devotes three sentences to the matter.

In a My Turn piece in the daily, Kanefield writes: *Constitution clears Brewer to pursue another term

Do you agree?


21 Responses to Gov.Jan Brewer: Can she or can’t she?

  1. MacBeth says:

    I support much of what Gov. Brewer has accomplished during her tenure. No one agrees 100% with any other person, let alone one elected to political office. However she not only signed SB1070, she vigorously defended it. I’m sick and tired of hearing that she let it sit on her desk before signing it. She took on the President of the United States more than once over the issue!!

    Republican Jan Brewer is a damn sight better than leftist Janet Napolitano. She is a pro-life, pro-Second Amendment conservative, which is more than we get from others holding elective office. Would the naysayers rather have that liberal wretch JNo back in Arizona?

    Whenever I read some of the comments castigating Brewer, I wonder what these people are thinking. Even Ronald Reagan signed a terribly flawed immigration bill — the Simpson-Mazzoli Act (1986) — that started this illegal invasion nightmare rolling in the first place. Why is he given a pass?

  2. ZOO says:

    Fascinating article. The Randy Parraz Democrat Wing of the Arizona Republican Party has pledged to take down our Governor and Sheriff Joe, targets #2 and #3 following Russell Pearce. I hope our Governor will choose to run again and challenge the ambiguity or ‘loophole’ of the state Constitution.

    I have asked all of you to contact Governor Brewer and request that she send the Arizona National Guard to the border because the Democrat/RINO induced amnesty tidal wave is cascading our way. Should we be able to convince her to do so, it WOULD make the national news, it would reinvigorate the spirit of 2010, and remind voters of just how big a pair this lady has.

    It would also prevent the ERASING of ALL of our work for the last eight years to STOP Arizona from becoming California. If you stop to think about it, it will be too late.

  3. CD9 says:

    Zoo, One of the organizations I belong to works closely with the Legislature, Brewer would not appeal the decision on the IRC because she said her numbers did not look good. Look at what she helped accompolish there. She will tell Tobin not to bring a bill to the floor becasue she does not want to sign it and it may pass. Yes I am one who says she had the bill on her dest for a week, I remember when it passed, I remember she gave the illegals time to gather to protest the way they did, she did wait an entire week to sign the bill. I have to get involved with her admin a few times a year, OMG, It is so inefficient. I was doing the same thing with Napolitano’s admin, this is not an endorsement of anything Nappy, but her admin was a lot more efficient.

    Unless she wins the nomination that is the only way she will get my vote, I for one liek term limits, we need to keep them, or we will have Senators like McCommish the Russell Pearce hater last on the lsit for Conservative votes in there and never get him out.

    • Seen It All says:

      If you like term limits for McCommish, would you also have liked them for Russell Pearce?

      We all have term limits on our ballots, which enable us to keep or toss politicians. Think this through. We will lose good people because those who stay home and don’t vote will still have the ability to remove conservatives by virtue of term limits. Not a sound idea.

      Also, if you are as knowledgeable as you state, you would also know that it is not at all unusual to wait a week to sign a bill. You sound very foolish with that whine. Gov. Brewer has been SB1070’s staunchest defender.

    • ZOO says:

      CD9, without question you are a fine person and a patriot. But I just don’t understand you. You continue to whine about Clair Van Steenwyk’s candidacy, when it had zero impact on the end game and Flake’s victory. You have been whining about Brewer’s one-week delay in signing SB 1070, which then and today means absolutely nothing. ???

      I like you CD9, I really do. But you are distracting us and taking our eye of the ball. Why don’t you use some of that pent-up anger to focus on the tasks-at-hand:

      1. STOPPING the Mexican surge Gangnam-Styling into Arizona this very minute!

      2. STOPPING the RINO conglomerate in Washington from selling America lock, stock, and barrel with a defeatist AMNESTY (“don’t beat me anymore massa”!) and strapping YOUR PARTY into the electric chair sipping a glass of Strychnine-laced Kool Aid!

      • CD9 says:

        I did not realize I was a distraction. Please tell me more. Yes we need to stop the Mexican surge, and I am out there almost daily helping with that. I will not support a candidate who is not for stopping the invasion, and do not give me gobbily gook about the Dream Act.

        I will venture to say I will put my efforts up agaisnt yours anyday on the R.I.N.O.’s, I do not need a pure candidate but I know a freaking R.I.N.O when I see or hear one.

        Seen, term Limits should work for all. But John Mccommish has voted against every bill Russell Pearce introduced, then he would come to the LD meeting say it was unconstitutional, so far he is batting 1000 on being wrong.

      • ZOO says:

        O.K. CD9, let’s make a pact. If our group of conservatives here cannot get Brewer to support IMMEDIATE action to address the Sonoran Tsunami, then we don’t support her should she run for another term. Fair enough?

        But we must make an honest effort, and let others know we did. Email (include the invasion map link), AND call. I have already done both.

        Governor Brewers office: (602) 542-4331

        Email the governor:

  4. Observer says:

    I have joined the call for Governor Brewer to send our AZ National Guard troops to the border. But bear in mind, this is not as simple as it sounds. The feds are fighting HER and US tooth and nail.

    We are in a double bind with the pearl-wearing guy who heads up the Dept. of Homeland Security. Her creds as a former AZ Gov give her added standing among the eastern liberals in DC. They have no idea how despised she was here by a large portion of the population. She is also not an Arizonan. This state was merely a stepping stone for her among the many states she in which she has lived.

    • ZOO says:

      Thanks for stepping up, Observer!

      Give me autonomy or give me death! No unibreasted bull dyke or Bronco Bama lackey can STOP us from protecting our state. Folks, we are seeing 2007 all over again, in which hundreds of thousands polevaulted over the border, just certain the Promise Land was a gavel smack or two away.

      SB1083 (Sen. Syliva Allen), to establish the “Arizona State Guard”, has a flat tire due to the RINO scum in the last legislative session. We must DEMAND that it now goes to the fast track. I take it one step further, we need an “emergency session.” THIS is an emergency.

      The Squalor Gazette in Guadalajara, Univision, Telemundo, etc. are trumpeting every idiotic utterance of McCain, Flake, Graham, and Bama & company to millions of future American Tourister consumers in the outhouse to the south.

      The American media is HIDING the fact that the Gumball Rally has kicked off in Mexico. We are sitting here with our drawers down, and the MFs in the beltway are destroying our DETERRENT – SB 1070 etal, which invaders now see as a “bump in the road.” We cannot sit on our hands and backtrack several years, regardless of what the filth in Washington have in mind.

      Take ten minutes and make an effort, and spread the word everywhere you can. If we fail to get action, it will NOT be for a lack of effort.

  5. Maggie says:

    Does anyone know why Gov. Castro would leave to become an ambassador? That sounds extremely odd to me.

    • Ajo Joe says:

      Castro was incredibly incompetent. It was clear early on in his term that was over his head, and not up to the task of running the state. He knew it and so did Jimmy Carter. The ambassadorship gave him a face-saving exit. Remembering the news at the time, his wife Pat was delighted with the move.

  6. eubykdisop says:

    If Brewer can’t run again, we’re in deep doo doo. Why?

    Brewer isn’t a 100% ideal Conservative BUT she’s a lot more Conservative than most of the other prospects on the horizon. You can be sure that the Republicrat Party is just dying to run an illegal alien amnesty lover!

    They fielded amnesty lover Jerry Lewis against Russell Pearce and former illegal alien employer Flake for U. S. Senate!

    The way the Arizona Republicrat Party has been going, they would probably run Randy Parraz as the Republicrat candidate for governor!

  7. CD9 says:

    Zoo, if no one with any Conservative Credintials comes forward to run, yes I will support Brewer, but my God it is not even an issue yet. If Brewer wins the nomination I will vote for her, if she can change the law, then what?

    Ok, pact, I am not upset we work very dilligently fretting out who says what and who does what they say.

  8. Sgt. Preston says:

    If she is able to run again, I’d support Gov. Brewer in a heartbeat. She might be “unpolished” in some areas, but that’s just fine with me. She has a vast store of experience to draw upon and is a good and decent woman. Besides which she has steadfastly supported Arizona’s right to enforce its laws. Joe Arpaio’s win frosted the leftists. Jan Brewer being able to run again would make them insane.
    I hope she is able to run for a full term on her own.

  9. Hunter says:

    The state constitution is very clear. Brewer is term limited and may not hold the office of governor once her term expires until 4 years have passed.

    Anyone who believes in the rule of law rather than a “living” Arizona constitution can see that. Of course, the state supreme court seems willing to bend the constitution whenever it feels like it, so it’s hard to say how they would rule on this if it comes before them.