Arizona Attorney General Challenges Navajo County Recorder’s Appointment
In a bold move, Arizona Attorney General Kris Mayes is seeking judicial intervention to oust David Marshall from his newly appointed position as Navajo County Recorder. This action comes on the heels of Marshall’s recent appointment by the county’s board of supervisors.
On Thursday, Mayes initiated a legal maneuver known as a quo warranto action. This type of lawsuit questions the legality of someone’s claim to an elected office. The complaint was filed in Maricopa County Superior Court, asserting that Marshall was ineligible for the position due to his previous role as a state legislator at the time of his appointment.
The crux of the issue lies in the Arizona Constitution, which prohibits legislators from assuming other county or statewide elected roles during their elected term. Marshall, a Republican, was elected in 2024 to serve Legislative District 7, with his term set to conclude in January 2027.
“At present and until then, he is constitutionally ineligible to hold any other office, regardless of his resignation from the Arizona Legislature,” states the attorney general’s complaint.
This legal challenge follows a prior warning from Mayes, who had sent Marshall a letter urging him to resign or face legal action.
Marshall, however, contests the attorney general’s interpretation of the law. He resigned before officially taking up his duties as Navajo County Recorder, an action he believes satisfies the constitutional stipulation.
His legal representative, Linley Wilson, maintains that the resignation fulfills the constitutional requirement, which aims to prevent lawmakers from engaging in “self-dealing” by holding multiple offices simultaneously.
“The constitutional text, its historical purpose, the relevant Arizona authorities, applicable statutes, and persuasive decisions from other jurisdictions all strongly support the conclusion that Recorder Marshall is lawfully holding the office of Navajo County Recorder and that no quo warranto action lies,” Wilson communicated to Mayes on May 6.
Wilson refrained from extensive commentary on Mayes’ legal challenge but expressed surprise at the Attorney General’s decision to proceed with the quo warranto action against Marshall.
