Arkansas News Bureau
LITTLE ROCK — A term-limited state lawmaker who could serve another two years because the voters’ choice to succeed him died before the election said today he would leave his seat in January.
The move by Rep. Rick Saunders, D-Hot Springs, would clear the way for Gov. Mike Beebe to call a special election in House District 24.
Keith Crass, the Republican nominee for Saunder’s seat, died while early voting was under way but defeated Democrat Larry Williams for the seat in the Nov. 2 election.
In an opinion last week, Attorney General Dustin McDaniel said Gov. Mike Beebe could not call a special election for the state House district unless Saunders resigned.
McDaniel said that although Saunders is term-limited, he could “hold over” and remain in office for two more years. He said the Arkansas Constitution provides that an office is considered filled by the incumbent unless a successor is elected and qualified, and this does not conflict with the intent of Amendment 73, which limits legislators’ terms.
“With the advent of the Attorney General’s ruling, I was forced to consider continuing to serve House District 24 in the 88th Arkansas General Assembly scheduled for 2011,” Saunders said in a statement. “After thoughtful consideration, I believe the most beneficial decision for the constituents of District 24 would be to not accept the continuation of service as state representative in 2011.”
Saunders said he expects to resign sometime during the first week of January. The legislative session begins Jan. 10.
Beebe spokesman Matt DeCample said once the governor receives written confirmation of Saunders’ resignation he will certify the vacancy to the chairmen of the Republican and Democratic parties.
Parties will then have 10 days to notify the governor whether they want primaries or conventions to choose their respective party nominees.
Once word is received from the parties, the governor will set the earliest dates allowed by law for the special election, DeCample said.
Based on the two previous special elections Beebe has scheduled during his four years in office, DeCample estimated it might take about 3 months from the time the parties are notified by the governor for the special election to occur.
