Democrat resigns from Legislature for secretary of state job. Is that legal?

There is a new vacancy to fill at the state Legislature, and more questions to answer about what an elected official can do when they've left mid-term.

The most recent resignation comes from Laura Terech, a Democrat who was elected in 2022 from Legislative District 4, one of the few swing districts in the Legislature.

Earlier this year, she announced she would not seek reelection in 2024. Last week, she formally resigned from the Legislature, effective June 30. On Monday, she announced she has joined the Arizona Secretary of State's office to work on special projects.

The move raises questions over a conflict with a constitutional provision that states a lawmaker "during the term for which he shall have been elected" cannot hold any office within state, county or city government.

Terech's term is technically not over until January 2025, when a new Legislature will be sworn in. While the precinct committee members in her former northeast Valley district will appoint a replacement, that person will fill out the rest of Terech's term.

But the secretary's office said it consulted with legislative rules attorneys, as well as its own in-house counsel, and determined Terech's resignation fulfills the intent of the Constitution: to avoid having one branch of government wield influence over another.

Terech is no longer a lawmaker and no longer has legislative privileges, so the conflict is avoided, spokesperson J.P. Martin added.

Terech deferred any comment to the secretary's statement.

Terech was the key House Democrat on election matters, and served on Gov. Katie Hobbs' bipartisan election task force.

Her switch from lawmaker to a member of the executive branch has echoes of another legislative departure earlier this year.

Rep. Marcelino Quiñonez, D-Phoenix, resigned his seat in April. He was the leading candidate to fill a vacancy on the Phoenix City Council but withdrew his name when critics pointed out the constitutional prohibition against taking another government post during his legislative term.

He is now running for the council seat in this November's election and, if elected, would not take office until after his legislative term ends in early January.

Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.

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