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The voter recall of immigration firebrand Russell Pearce took a new twist Thursday when state Sen. Jack Harper, R-Surprise, suggested the state's Constitution requires campaign cost reimbursements to an ousted lawmaker.
"If people believe he has to file a lawsuit first, it could take awhile," Harper said. "If they believe we have the constitutional mandate and we should take steps, it could happen as early as next week."
Harper was reading a provision in the Arizona Constitution that says there should be "a payment by the public treasury of the reasonable special election campaign expenses of such officer" in a recall election.
Pearce was recalled Tuesday and will be replaced by Senator-elect Jerry Lewis, who beat the anti-immigration lawmaker 53.4 percent to 45.36 percent. Both candidates are Republicans and Mormons and agreed on most issues but were on opposite sides of the immigration-reform debate.
Yvonne Reed with the Maricopa County Recorder's office said the results wouldn't likely be certified until the week of Nov. 21.
But in a tweet, Arizona Secretary of State Ken Bennett said his office "does not have any statutory authority to determine reimbursements, or the ability to make a legislative appropriation."
Pearce's campaign has not indicated it plans to file a lawsuit to recoup campaign costs, which could exceed $250,000.
Chad Willems, Pearce's campaign manager, said the organization was aware of Harper's query on the matter but was unsure why he was bringing it up.
"I don't know why he seems to be a one-man crusade on this," Willems said.
Harper said if Pearce were to be reimbursed, the decision could be made as early as Nov. 17 when the Joint Legislative Budget Committee meets.
Harper said he didn't believe Pearce should've been recalled in the first place.
"Just because you don't like his policies, that's not a reason to recall him," Harper said.
In a conference call earlier today, Lewis said Pearce's removal was necessary for the state to move past the image of Pearce and tough enforcement-only immigration laws such as SB1070 — which served as launching pad for other states to pass similar measures.
In Utah, Rep. Stephen Sandstrom, R-Orem, pushed to have HB497 signed into law despite the state also passing a series of other immigration reform bills, including a guest-worker law that is scheduled to take effect in 2013.
That law, HB116, proved divisive in the Republican Party and among Mormons in Utah — just as Pearce's recall was. Mesa has a large LDS population and is a heavily Republican district.
Lewis said the successful recall — for which he partially credited The Utah Compact — was a clarion call for conservative Republicans to move away from Pearce-style immigration laws.
"There is a great desire to address this issue and, hopefully, the message sent by District 18 in Mesa will resonate with them and give them the moral authority and courage to stand up and do what is right," Lewis said.
The Utah Compact, endorsed by business,community, political and religious leaders in the state, is a set of principles recognizing immigration policy as a federal responsibility and calling for humane treatment of all immigrants.
Attorney General Mark Shurtleff, who was also on the conference call, said the recall was "a chance for Republicans to reassess who the base is."
Former Arizona Attorney General Terry Goddard said the election of Lewis also signaled that Arizona was no longer "an unfortunate backwater of racial tension" and said The Utah Compact was a steering force for Tuesday's result.
"The people made an unequivocal statement and I hope that's an opportunity for people around the country to take another look at Arizona," Goddard said.
But Willems said Pearce is keeping his future options open, including political office, running a non-profit or taking to the speaking circuit and trying to get conservatives elected.
"I wouldn't count Russell Pearce out," Willems said. "He's not just going to walk away into the sunset."
Twitter: @davemontero