Saunders to resign 24th District seat

Vote to replace dead election victor

— The current state House of Representatives member for the 24th District said Tuesday he will resign in January to allow the governor to call a special election to fill the seat, which was won in the Nov. 2 election by Republican Keith Crass, who died before election day.

Arkansas’ constitution allows Rep. Rick Saunders, D-Hot Springs, to hold the seat until the next general election in 2012 despite having virtually completed the three terms allowed by the constitution, according to an interpretation by the attorney general.

Saunders said he intends to vacate the office in the first week of January.

“After thoughtful consideration, I believe the most beneficial decision for the constituents of District 24would be to not accept the continuation of service as state representative in 2011,” Saunders said.

Once Gov. Mike Beebe receives Saunders’ written resignation he can call a special election.

Attorney General Dustin McDaniel released an opinion Nov. 17 stating that the governor does not have authority to call a special election to fill the seat until Saunders resigns.

Arkansas Code Annotated 7-5-315(2)(a) defines what to call an election when a deceased candidate wins - a “vacancy in nomination” - but does not explain what to do about it.

Article 5, Section 6 of the constitution gives the governor authority to order an election “to fill such vacancies as shall occur in either House of the General Assembly.” But Article 19, Section 5 states that the incumbent officeholder keeps his seat until “their successors are elected and qualified.”

McDaniel also wrote that since Saunders was not technically re-elected he would not have violated the term limit. Instead, he would continue to serve his third - albeit extended - term.

After the opinion was released Saunders said he was conflicted about whether to wait until the end of the coming legislative session because most of the session could be over by the time a special election is held and the position filled. The legislative session normally ends in late March or early April.

“After considering Attorney General McDaniel’s opinion my first desire probably was to continue service,” Saunders said. Once he spoke with his family and advisers “it became increasing evident to me that probably I should honor term limits.”

Saunders said “holding over” until the end of the session may have caused anger from constituents and other lawmakers, which he said would have made him an ineffective legislator.

“I couldn’t have represented the district the way I want to,” Saunders said. “I feel like I could have been encumbered.”

Beebe said he also thinks the resignation is best for District 24.

“This will allow Rick to complete his third term, preserve the spirit of the term limits amendment passed by Arkansas voters, and allow us to begin the process of filling the vacancy,” Beebe said. “The untimely death of Keith Crass has created a unique set of circumstances, and we will take immediate action to fill this seat.”

Saunders said the two representatives whose districts encompass most of the rest of Garland County have offered to “look out” for the needs of his district until a new representative is seated for the district.

The 24th District is one of 17 seats picked up by Republicans Nov. 2.

State Republican Party Chairman Doyle Webb had called on Saunders to resign.

“It is obvious Representative Saunders has a great love for the people of Garland County and wants those voters to have an opportunity to elect a representative who holds the same love and enthusiasm for public service as did Keith Crass,” Webb said Tuesday.

Arkansas, Pages 11 on 11/24/2010

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