Former Republican lawmaker David Marshall was sworn in as the new Navajo County recorder on Tuesday despite concerns he is ineligible for the job.
Marshall resigned from the Arizona House of Representatives last week after the Navajo County Board of Supervisors picked him to replace Republican Timothy Jordan, who resigned earlier this year.
The pick immediately drew criticism and the threat of a lawsuit over allegations it violates the Arizona Constitution, which prohibits lawmakers from holding other state or county offices “during the term for which he shall have been elected.”
Marshall’s legislative term won’t end until a new Legislature takes office in January, critics claim. A 1977 legal opinion from Arizona Attorney General Bruce Babbitt also concluded the Constitution “clearly prohibits the taking of any other office or employment during the elective term, whether or not the legislator resigns.”
Navajo County Attorney Brad Carlyon told Axios Phoenix he forgot about the constitutional provision until after the vote and later informed Marshall that he could face a court challenge if he accepts the appointment.
Those issues did not convince Marshall to reject the appointment.
Navajo County staff confirmed to KJZZ that Marshall was sworn in as the county recorder on Tuesday.
But that may not be the end of the story.
Republican attorney Timothy La Sota sent a letter to the board last week, calling on the board to rescind the appointment.
Now, he is asking Democratic Attorney General Kris Mayes to intervene.
“Based on the early posture, the way the quo warranto statute is written is she alone must act. At least at this early stage,” La Sota said, referring to a state law that allows the attorney general to bring a legal action against a person accused of unlawfully occupying a public office.
Mayes previously said her office was looking into whether Marshall’s appointment violated the state Constitution.
A spokesman for the Attorney General’s Office said on Tuesday he had no updates to provide on that inquiry.
Marshall and the Board of Supervisors did not respond to requests for comment.
The Arizona Secretary of State’s office also confirmed that Marshall withdrew from the Arizona Corporation Commission election on Tuesday. He was running with Rep. Ralph Heap (R-Mesa) in the Republican primary as part of a slate backed by the far-right Freedom Caucus that is trying to unseat incumbent Commissioners Nick Myers and Kevin Thompson.
EDITOR'S NOTE: This story has been updated to correct the headline. David Marshall was sworn in as the Navajo County recorder.
