Senate Passes Legislation To Prevent Private, Outside Funding Of Government Election Operations

Senate Passes Legislation To Prevent Private, Outside Funding Of Government Election Operations

By B. Hamilton |

PHOENIX – On Wednesday, the Arizona State Senate passed HB 2569, legislation targeting the Big Tech companies that targeted swing states during the 2020 election cycle. The bill sponsored by Rep. Jake Hoffman prohibits government entities from receiving private monies to conduct elections.

The vote fell along party lines, with Republicans supporting the bill and all Democrats voting against it.

“Nearly half a billion dollars in private funding was spent by out of state Democrat billionaires to influence the administration of county and state elections operations nationally, including millions here in Arizona,” said Hoffman referring to entities like the Center for Technology and Civic Life (CTCL), which spent in the neighborhood of $1.4 million to influence the election in 2018 and over $350 million in 2020.

Critics note that CTCL received millions from Facebook CEO Mark Zuckerberg and his wife to change the way local elections offices conducted the election. According to the Capital Research Center, CTCL spent $5 million in Arizona, $3 million of which went to Maricopa County, which election integrity supporters say essentially decided the state’s election.

“The Arizona legislature doesn’t want billionaires from any Party, or of any kind, attempting to influence our election system,” said Hoffman.

Hoffman argues that his bill is “common sense legislation that will ensure Arizona’s elections are free from outside influence and that our voters can have confidence in the integrity of the process. The passage of this bill is a win for Arizona and a win for America, as I fully expect other states to follow suit in prohibiting this deeply troubling new Democrat tactic.”

“Even the appearance of impropriety in elections is dangerous,” said Arizona Free Enterprise Club President Scot Mussi. “Elections should be funded, directed, and guided by state governments, not private organizations and especially not Big Tech. The Club commends the Senate for passing HB2569 and urges Governor Ducey to sign this important bill to protect the integrity of our elections.”

“Arizonans have the right to know their elections are being run without outside influence, and Gov. Ducey should promptly sign the bill into law,” said Jessica Anderson, Executive Director of Heritage Action.

The House of Representatives previously approved HB 2569 on March 3. It will now be sent to Governor Ducey for his signature.

RELATED ARTICLES:

Should A Billionaire Run Arizona’s Elections?

The near-universal effect of CTCL’s grants was disproportionately greater turnout for one political party. Here’s how it broke down in Arizona, comparing the votes for president in 2020 versus 2016. All 15 counties increased their votes for both parties, but not at all equally. And both parties saw their votes increase even more in the nine counties CTCL funded than the six counties it did not. Here especially the results were unequal.

For the Republicans, the funded counties’ votes increased by 46% more than the rate at which unfunded counties increased. For Democrats, funded counties’ votes skyrocketed upwards 81% more quickly than they rose in unfunded counties.

Total Riptide: Big Tech’s Hold On Arizona And National Elections

In the opening lines of a behemoth post-election analysis, Time Magazine tipped their hats to the “business titans” for their help in securing the election for President Joe Biden.

Amongst those titans are the ones controlling a majority of modern social interactions, transactions, and entertainment – Big Tech.

ADE Spending Over $7 Million “To Simply Administer” COVID Funds Meant For Student Learning

ADE Spending Over $7 Million “To Simply Administer” COVID Funds Meant For Student Learning

By B. Hamilton |

PHOENIX — Rep. Michelle Udall, chair of the House Education Committee, sent a letter to Arizona Superintendent of Public Instruction asking why the state is holding on to $85 million, that Udall says could help school districts avoid teacher layoffs.

Udall also noted in her letter to Superintendent Kathy Hoffman that “in addition to withholding these millions from our schools, ADE is also spending more than $7 million of it to simply administer the funds (the maximum allowed).”

Udall’s questions come in the wake of several districts announcing layoffs due to declining enrollment. Declining enrollment means declining funding as school dollars are allocated based on attendance.

“Unfortunately, as we see from the current events in Gilbert and other districts facing similar decisions in the coming weeks, this money has not been allotted where it is needed most,” wrote Udall referring to reports of teacher layoffs.

From the Yellow Sheet:

The AZ Dept of Education plans to use some of its Covid relief dollars for a marketing campaign to bring families back to the fold. The campaign, which will cost about $150,000, is aimed at students who left district and charter schools for alternative options during the pandemic or who delayed enrollment.”

“Instead of allocating all of the available money to districts who need it, the Arizona Department of Education (ADE) is for some reason holding onto nearly $85 million of discretionary money from the initial $1.5 billion allotment that should be put to use to help stabilize Arizona schools so that they don’t have to make premature reductions in staffing when many of those students may be returning in the coming school year.

Across the state, districts are seeing dramatic declines in enrollment as parents go in search of educational opportunities other than the hybrid-online type that the teacher’s union pushed even as the pandemic waned, and evidence showed that children were not super-spreaders. In fact, over 55,000 K-12 students have disenrolled for the state’s traditional public schools.

Despite the decline, which has been occurring over a number of years and was only exacerbated by the teachers’ recent refusal to return to in-classroom learning, Udall believes that students may return, and premature layoffs would lead the districts to rely on long-term substitute teachers.

Even though the ADE has received over $1 billion in CARES Act ESSER and ESSER II funding, Udall told Hoffman that the Legislature “is currently working on a state budget that, I believe, will help alleviate the intense fiscal pressure some of these schools are facing.”

RELATED ARTICLE: Gilbert Public School District’s Fewer Students Results In Fewer Teachers

“But that won’t happen until the budget process is finished,” warned Udall. “You currently have on hand millions in discretionary funds that could, and should, be made available immediately – discretionary funds that were given to the Arizona Department of Education for precisely this purpose.”

Hoffman responded on Twitter that the money was not enough.

Udall and Hoffman may not believe there will ever be enough money for schools. On the other hand, parents who have fled the schools believe that there will never be again enough students to fill the schools and employ the teachers that abandoned their kids at such a critical time.

Governor Signs Legislation To Prevent Frivolous Lawsuits Related To Pandemic

Governor Signs Legislation To Prevent Frivolous Lawsuits Related To Pandemic

By B. Hamilton |

PHOENIX — Arizona businesses can breathe a sigh of relief now that Governor Doug Ducey has signed legislation providing COVID liability protections to Arizona businesses and healthcare workers. The bill, sponsored by Sen. Vince Leach, “establishes a presumption that a person or provider acted in good faith if they adopted and implemented reasonable policies related to the public health pandemic.”

Leach says the bill was needed to protect businesses and healthcare providers from “frivolous lawsuits.”

Leach said that people are the frontlines of the pandemic “will be targets of meritless lawsuits,” without protection.

“With this bill coming along this summer,” said Leach, “the plaintiff will have the burden to prove by clear and convincing evidence that a person or provider failed to act, or acted with willful misconduct and a gross negligence in order to win a civil lawsuit.”

Leach says the bill provides “common sense protections for the frontline workers in healthcare, schools, and businesses, who have been invaluable during the pandemic response in Arizona.”

Nationwide, according to Leach, more than 2000 coronavirus related cases of them brought forward despite businesses following approved guidelines.

The legislation applies during the current public health pandemic and protects health care institutions and other service providers for any act or omission that is alleged to have occurred during a person’s screening, assessment or treatment that is related to the health emergency. Providers include educational institutions, school districts or charter schools, property owners, lessees and lessors, nonprofit organizations, religious institutions, the State and local governments, health care providers and institutions, and nursing and residential care facilities.

The legislation also provides a presumption for health professionals or health care institutions that they have acted in good faith if they relied on and reasonably attempted to comply with applicable published guidance, while also ensuring that such a presumption can be overcome if there is evidence of gross negligence or willful misconduct.

“Small businesses need certainty under the law that if they act in good faith, they’ll be protected from frivolous lawsuits,” said Leach. “I’m grateful to the organizations and fellow legislators who supported Senate Bill 1377, and to Governor Ducey for signing this important legislation.”

SB1377 Provisions

Public Health Pandemic Civil Liability

1. Precludes from liability for damages, during a public health pandemic state of emergency declared by the Governor, a person or provider who acts in good faith to protect a customer, student, tenant, volunteer, patient, guest or neighbor, or the public (litigant), from injury from the public health pandemic for injury, death or loss to person or property that is based on a claim that the person or provider failed to protect the litigant from the effects of the public health pandemic, unless it is proven by clear and convincing evidence that the person or provider failed to act or acted and the failure to act or action was due to that person’s or provider’s willful misconduct or gross negligence.

2. Establishes a presumption that a person or provider acted in good faith if the person or provider adopted and implemented reasonable policies related to the public health pandemic.

3. Applies the standard for liability to all claims that are filed before or after the general effective date for an act or omission by a person or provider that occurred after March 11, 2020, and that relates to a public health pandemic that is the subject of the state of emergency declared by the Governor.

4. Exempts claims for workers compensation from the outlined liability standard.

5. Defines provider as:
a) a person who furnishes consumer or business goods or services or entertainment;
b) an educational institution or district;
c) a school district or charter school;
d) a property owner, property manager or property lessor or lessee;
e) a nonprofit organization;
f) a religious institution;
g) the state or a state agency or instrumentality;
h) a local government or political subdivision, including a department, agency or commission of a local government or political subdivision;
i) a service provider;
j) a health professional; or
k) a health care institution.

Health Professionals and Health Care Institutions

6. Precludes from liability for damages, during a public health pandemic state of emergency declared by the Governor, a health professional (professional) or health care institution (institution) that acts in good faith in any civil action for an injury or death that is alleged to be the professional’s or institution’s action or omission while providing health care services in support of the state’s response to the state of emergency, unless it is proven by clear and convincing evidence that the professional or institution failed to act or acted and the failure to act or action was due to that professional’s or institution’s willful misconduct or gross negligence.

7. Applies the outlined limited liability to any action or omission that occurs:

a) during a person’s screening, assessment, diagnosis or treatment and that is related to the public health pandemic that is the subject of the state of emergency; or
b) in the course of providing a person with health care services and that is unrelated to the public health pandemic that is the subject of the state of emergency if the professional’s or institution’s action or omission was in good faith support of the state’s response to the state of emergency, including:
i. delaying or canceling a procedure that the professional determined in good faith was a nonurgent or elective dental, medical or surgical procedure;
ii. providing nursing care or procedures;
iii. altering a person’s diagnosis or treatment in response to an order, directive or guideline that is issued by the federal government, the state or a local government; or
iv. an act or omission undertaken by a professional or institution because of a lack of staffing, facilities, equipment, supplies or other resources that are attributable to the state of emergency and that render the professional or institution unable to provide the level or manner of care to a person that otherwise would have been required in the absence of the state of emergency.

8. Establishes a presumption that a professional or institution acted in good faith if the professional or institution relied on and reasonably attempted to comply with applicable published guidance relating to the public health pandemic that was issued by a federal or state agency.

9. Allows a party to introduce any other evidence that proves the professional or institution acted in good faith.

10. Applies the standard for liability to all claims that are filed before or after the general effective date for an act or omission by a person or provider that occurred after March 11, 2020, and that relates to a public health pandemic that is the subject of the state of emergency declared by the Governor.

11. Exempts claims for workers compensation from the outlined liability standard.

12. Specifies, for claims against a nursing care institution or residential care institution, where the care in question did not directly relate to the public health pandemic, the nursing care institution or residential care institution has the burden to prove the act or omission was the direct result of having to provide care to patients needing treatment for the pandemic or due to limitations caused by the pandemic.

Ducey Calls Out Gallego, Phoenix Park Restrictions “Make Zero Sense”

Ducey Calls Out Gallego, Phoenix Park Restrictions “Make Zero Sense”

By B. Hamilton |

On Friday, Governor Doug Ducey engaged in a Twitter exchange with Phoenix Mayor Kate Gallego for what he says are policies that “make zero sense.”

The governor sent a letter to Gallego and reminded the public that all State Parks will be open with free admission this weekend.

In his letter, the governor asserted that “Arizona’s parks are open. All parks. Everywhere. Rural and urban. From Phoenix to Tucson to Flagstaff. All towns and municipalities. Enjoy and GOD BLESS! #HappyEaster 3/3”

Phoenix City Councilman Sal DiCiccio thanked the governor for his letter:

Phoenix had set temporary restrictions in its parks, including closing parking lots and prohibiting grilling. The mayor made note that the decision was unanimous, however, DiCiccio’s Chief of Staff Sam Stone offered another view of the decision:

Bill Allowing For Manslaughter Charges Against Adults Who Encourage Suicide Signed

Bill Allowing For Manslaughter Charges Against Adults Who Encourage Suicide Signed

By B. Hamilton |

A bill in honor of Adrio Romine, a 17-year-old who tragically took his life after an adult on the internet encouraged and advised him to do so, was signed by Governor Doug Ducey on Tuesday.

Shortly after Adrio’s death, his mother, Paolla Jordan, learned the individual gave her son specific instructions on how to end his life — but no law was broken at the time. Paolla pushed legislation to change that, resulting in the development of HB2459.

The Governor signed the bill in the presence of Paolla Jordan and the bill’s sponsor, Representative Jeff Weninger.

“Our hearts are with Paolla, her family and all Arizonans who have suffered the loss of a loved one to suicide,” said Weninger in a press release. “HB2459 penalizes individuals who encourage minors in a vulnerable state, and it will help protect young Arizonans and their families. I was honored to work on this legislation with Paolla and offer support to those facing difficulties with mental health.”

“I hope that no other parent has to go through what our family experienced,” said Paolla. “There are dangerous people out there that can prey on our children on the internet. Today there is a consequence for a predator’s actions. This law will help protect our children today. I was proud to work with Representative Weninger on getting HB2459 Laloboy Act through the finish line, and I am grateful to everyone working to protect children facing suicidal thoughts.”