Harper ponders quest for Brewer's old job

PHOENIX - Sen. Jack Harper of Surprise, just re-elected to a two-year term, said Monday he may not take the oath of office in January to keep alive his chances of becoming secretary of state.

When Secretary of State Jan Brewer becomes governor next year after incumbent Janet Napolitano resigns to join the Obama administration, one of Brewer's first duties will be to choose her replacement.

State law gives Brewer wide latitude in her choice. There is no panel to screen applicants. Nor is there a requirement for her choice to be confirmed by the state Senate.

In fact, the only requirement is that her appointee be a Republican.

But the Arizona Constitution prohibits lawmakers from taking any other state or local office or even being a government employee "during the term for which he shall have been elected or appointed." The provision precludes legislators from creating a new job and then quitting to take it.

It also means, however, that no one who is a sitting legislator when Brewer becomes governor can be appointed secretary of state.

That creates problems for Harper. He already had announced his intent to run for secretary of state in 2010, when Brewer would not have been able to seek a third term.

Whoever Brewer names to replace her, however, could seek a full four-year term at that point. And that could undermine Harper's plans.

"I am contemplating not taking the oath on opening day," Harper said.

Harper said he wants to talk to Brewer about her plans to fill the job before deciding what to do. If Harper does not take office, it will be up to the Maricopa County Board of Supervisors to name a replacement to serve for the entire two-year term. Harper represents legislative district 4 which includes Sun City West and portions of Surprise and Peoria.

Also Monday, Napolitano said it was a difficult decision for her to leave the governor's office to accept the Cabinet position of Secretary of Homeland Security, "but one must go where one can best serve."

The governor said she was not breaking any promises by quitting to become part of Obama's administration.

Nor does she believe she misled anyone when saying, in response to questions about staying through 2010, that she likes her job and is not looking for another.

Napolitano said all that was true - to a point.

"So, while I did not campaign for the job, when he called and tendered it to me it was certainly something that I had to take seriously," she said. "And obviously I did."

The governor conceded, though, she has been talking with Obama about a Cabinet post for several weeks.

Despite Monday's nomination, Napolitano is not giving up the reins of state government just yet.

The governor said she intends to prepare a budget for the coming fiscal year even though she is unlikely to be around to try to shepherd it through the Legislature. Napolitano said she will deliver a State of the State speech in January laying out her priorities for the upcoming legislative session.

But Napolitano said she does intend to quit the moment she is confirmed by the U.S. Senate, something that could occur within days of Obama being sworn in on Jan. 20.

In none of her comments in Chicago or Phoenix did Napolitano make mention of leaving the state with a $1.2 billion deficit for the current year and an even larger gap between anticipated revenues and expenses in the fiscal year to come. Instead, she said Brewer, who will become governor the moment that Napolitano resigns, will inherit the job "during this difficult time, without having sought this office."