Why Democrats in bright-blue Arizona district are drawing criticism for filling ballot vacancy

Democratic leaders in a Tempe-based legislative district selected Lauren Kuby as their state Senate candidate, filling a hole on the July 30 ballot in a rare procedural move that triggered charges of illegality and unfairness in the left-leaning district.

The action comes in the wake of Rep. Melody Hernandez’s withdrawal in April from the state Senate primary election. That left Legislative District 8 without a Democratic candidate whose name would be printed on the primary ballot. A write-in campaign seemed to be the only alternative to ensure a Democrat would be able to advance from the primary to the Nov. 5 general election.

However, district officials relied on a series of interrelated laws pertaining to voluntary withdrawals from an election and how to fill those vacancies to stage Saturday’s meeting. They essentially followed the same process the district used twice already this year to fill vacancies in the Legislature.

With Monday looming as the deadline to print the July 30 primary ballot, the district needed to move quickly if it wanted to have a nominee on the ballot.

“It would be nice to have a candidate on the ballot, that’s for sure," said district Chairman Steven Jackson, who rebuffed complaints that the process was illegal and an attempt to rob voters of a choice. Jackson told The Arizona Republic the party was compelled by law to fill the vacancy that Hernandez created.

“We’ve had lawyers review this, we’ve had ADP review this," he said, referring to the state Democratic Party.

The Arizona Secretary of State's Office also was consulted and confirmed it will place Kuby's name on the ballot.

Kuby bested current state Rep. Deborah Nardozzi for the Senate slot, winning the nomination on a 39-28 vote by the precinct committee members.

Kuby is a former Tempe City Council member and in 2022, ran unsuccessfully for the Arizona Corporation Commission. She launched a write-in campaign for the seat after Hernandez dropped out of the Senate race due to a challenge to her nomination petitions.

Some district members, notably former state Rep. Athena Salman, objected that the district was out of bounds with its quickly called meeting. She argued the district nomination process was illegal because Hernandez did not voluntarily step aside, but was forced to when her petition signatures were challenged. Hernandez, however, said her decision was voluntary.

Hernandez last month acknowledged that she had been sloppy in her oversight of her petitions, and withdrew rather than go through a court challenge.

Others on the Zoom meeting complained that the maneuver smacked of a conspiracy and charged district officials were corrupt. Others said even if the process, which most struggled to understand, was legal, it didn’t feel fair.

But after the vote favored Kuby, a resolution sending the precinct committee members' selection of Kuby to the secretary of state for placement on the ballot passed without any objections.

District officials said write-in candidates are still able to make a bid for the seat, although one of those write-in hopefuls, Kuby, is now on the ballot.

Democrat Ivan Pemberton is also running a write-in campaign, although Jackson said district officials don't know him and questioned his Democratic credentials. He said the district will present a petition urging a vote of no confidence in the first-time candidate at their June meeting.

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.

Support local journalismSubscribe to azcentral.com today.

Tech money: Arizona getting outsized investments in semiconductors under Biden agenda

This article originally appeared on Arizona Republic: Democrat Lauren Kuby is new nominee for Arizona Senate seat