Terry Goddard and Kyrsten Sinema are in violation of Arizona 's right-to-run law. : AZ IMC

The state Republican chairman is calling for investigations of whether Attorney General Terry Goddard and a Democratic legislative leader are in violation of Arizona's right-to-run law.

The 1980 voter-approved law requires elected officials to step down if they declare candidacies for another office before their current term's final year.

Republican Chairman Randy Pullen says statements by Goddard and Representative Kyrsten Sinema that they intend to run for other offices cross the line and warrant appointment of a special prosecutor to investigate.

Goddard spokeswoman Anne Hilby says Pullen is engaging in a 'frivolous political stunt.' But she says the office will review Pullen's request, with an official other than Goddard making the final decision.

At the heart of the complaint is a murky, oft-debated law that was approved by Arizona voters in 1980 with the intent of preventing elected officials from spending the bulk of their time in office actively campaigning for a future post.

Unless an official is in the final year of his or her term, they are required to resign before announcing their candidacy for another office.
Pullen alleges that Goddard and Phoenix Rep. Kyrsten Sinema, both Democrats, broke that provision with public pronouncements about their campaign plans. Democrats shrugged off the GOP allegations as political gamesmanship, but the ramifications are serious. If found in violation, both Goddard and Sinema could be forced to resign.

Goddard, who is term-limited as attorney general and is considered a likely candidate for governor in 2010, was asked at a May 27 Democratic meeting whether he would enter the race. "Since you were kind enough to ask, I intend to run for governor," Goddard told the crowd, according to an audio clip of the meeting provided by the Arizona GOP.

"You can't complain as much as I do and not be willing to put yourself on the line," Goddard continued. "That's exactly what I will do, and I really solicit all of your help in that mission."

Five months earlier, on Dec. 31, Sinema updated her Facebook social-networking page with a statement that read, in part: "This is my brand new 'politician' page. I'm running for State Senate in 2010 and would love to have your support."

Given Goddard's obvious stake in the case, Pullen called it "appropriate" for the attorney general to recuse himself and appoint a special prosecutor. Pullen said he would file a lawsuit if Goddard decides against appointing a special prosecutor.

"Citizens expect lawmakers to comply with the very laws they enact, but these two apparently feel the laws don't apply to them," Pullen told reporters Wednesday.

The Attorney General's Office said it will take the complaint under review, but discounted notions that Goddard had strayed from the law. A spokesman for Goddard doesn't believe his statement to the group of Democrats in May qualifies as an official announcement

"The attorney general feels he is well within the law," said Goddard spokeswoman Anne Hilby. "He is not a candidate for any office at this time."

Sinema, meanwhile, characterized her initial Facebook statement as a "typographical error," and said she has since updated the page to reflect that she's merely "exploring" a run for state Senate. Candidates are allowed at any point to form exploratory committees to consider a run for future office, and the tactic has become a favorite among elected officials looking to dodge the state's resign-to-run law.

"It was just a small error," Sinema said of her earlier Facebook phraseology. "This is just a silly waste of time. I haven't filed nomination papers, I'm not collecting signatures, I haven't opened a campaign committee."

Goddard has filed no campaign paperwork with the secretary of state for a run for governor; Sinema has filed for her exploratory committee in state Senate District 15.

The resign-to-run law states that an individual has made their candidacy official once they file nomination papers or make a "formal public declaration of candidacy." What constitutes a "formal public declaration" remains blurry, though.

Lisa Hauser, who served as chief counsel to then-Gov. Fife Symington, said she advises would-be candidates hoping to stay on the right side of the law to consider the totality of their actions. That means being careful about any public statements, limiting fundraising and couching campaign materials issued while exploring a campaign.

In 2008, the state Democratic Party accused then-state Senate President Tim Bee, a Republican, of being in violation of resign-to-run as he maintained his state office while exploring a bid for Congress.

No action was brought against Bee, whose congressional campaign was unsuccessful.