GOP Candidates Not Disqualified From Upcoming Election For Organizing January 6 Protest

GOP Candidates Not Disqualified From Upcoming Election For Organizing January 6 Protest

By Corinne Murdock |

Congressmen Andy Biggs (R-AZ-05) and Paul Gosar (R-AZ-04) and State Representative Mark Finchem (R-Oro Valley) will not be disqualified from the upcoming midterm elections for organizing the January 6 protest, a judge ruled on Friday. 

The question before the court was whether the three candidates violated Section 3 of the Fourteenth Amendment, also known as the “Disqualification Clause.” Maricopa County Superior Court Judge Christopher Coury dismissed the case, ruling that the plaintiffs had no right of action to determine such a violation under the Constitution or supporting law. 

Coury explained that the lawsuit’s argument for exercising the 14th Amendment contradicted legal precedent: the 1869 ruling for In Re Griffin, for example. Coury wrote that precedent, coupled with context of the amendment within the article, empowered Congress to exercise the 14th Amendment — not individual states or the people.

“[T]he Constitution provides legislation enacted by Congress is required to enforce the disqualification pursuant to the Disqualification Clause. Aside from criminal statutes dealing with insurrection and rebellion which Congress has enacted (lawsuits which require the government, not private citizens, to initiate), Congress has not passed legislation that is presently in effect which enforces the Disqualification Clause against the Candidates,” wrote Coury. “The text of the Constitution is mandatory. It sets forth the single arbiter of the qualifications of members of Congress; that single arbiter is Congress. It would contradict the plain language of the United States Constitution for this Court to conduct any trial over the qualifications of a member of Congress.”

The judge also rejected the argument that Arizona law enabled a private right of action to enforce the Disqualification Clause where the Constitution and federal law didn’t. Coury distinguished the term “prescribed” from “proscribed,” ruling that the Arizona law in question encompassed requirements for holding office, not disqualifications. Coury added that his interpretation was consistent with state and federal precedent.

Coury also noted that none of the three men were charged with or convicted of insurrection or rebellion. He refused to rule on the merits of the allegations of insurrection made against Gosar, Biggs, and Finchem.

The lawsuit was filed by Free Speech For People, a Democrat-backed, progressive nonprofit. The organization was ruled against last month as well in a similar lawsuit against Congressman Madison Cawthorn (R-NC-11). Another one of their similar lawsuits against Congresswoman Marjorie Taylor Greene (R-GA-14) had a hearing on Friday.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Democrats: January 6 Disqualifies Arizona’s GOP Candidates From 2022 Midterm Election

Democrats: January 6 Disqualifies Arizona’s GOP Candidates From 2022 Midterm Election

By Corinne Murdock |

A Democrat-backed nonprofit wants State Representative Mark Finchem (R-Oro Valley), Congressman Andy Biggs (R-AZ-05), and Congressman Paul Gosar (R-AZ-04) disqualified from the upcoming midterm election for organizing the January 6 protest. 

Arizona State University (ASU) law professor and legal expert Ilan Wurman told “The Conservative Circus” that the lawsuit not only misinterprets constitutional law but represents the bad habit of both parties to weaponize the Constitution.

“Just after the Civil War, this clause of the Fourteenth Amendment was enacted to prevent individuals who had been office holders, federal and state office holders, who had taken an oath to uphold the Constitution, who then seceded from the Union, unconstitutionally seceded from the Union, and then took up arms against the government of the United States. By the way, that is an insurrection,” explained Wurman.

The nonprofit, Free Speech for People, invoked the Fourteenth Amendment to argue that Finchem, Biggs, and Gosar were responsible for the U.S. Capitol intrusion because they helped organize the preceding protest.

The lawsuit against Finchem, Biggs, and Gosar is part of a national campaign to “ban insurrectionists from the ballot” under Section 3 of the Fourteenth Amendment: the “14Point3 Campaign.” Congresswoman Marjorie Taylor Greene (R-GA-14) and Congressman Madison Cawthorn (R-NC-11) also face lawsuits under the campaign. Last month, a federal judge in North Carolina ruled in favor of Cawthorn. 

Section 3 of the Fourteenth Amendment reads as follows:

“No person shall be a Senator or Representative in Congress, or elector of President and Vice-President, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath, as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the Constitution of the United States, shall have engaged in insurrection or rebellion against the same, or given aid or comfort to the enemies thereof. But Congress may by a vote of two-thirds of each House, remove such disability.” 

The nonprofit behind the lawsuit, Free Speech for People, also filed another lawsuit last month against the Federal Election Commission (FEC) concerning the debunked Russiagate collusion.

Finchem called the lawsuits “desperate.”

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Small Business Tax Break Advances Out of Arizona Legislature

Small Business Tax Break Advances Out of Arizona Legislature

By Corinne Murdock |

On Wednesday, the State Senate approved legislation lowering the percentage of assessed valuation for commercial property to 15 percent. SB1093 would reduce the property assessment ratio gradually over the next five years. 

According to the bill sponsor in a press release, State Senator J.D. Mesnard (R-Chandler), explained that the aim was to ensure that Arizonans have more money to spend and, ultimately, invest back into the economy. 

“Property taxes are a critical issue to all businesses, but especially for our smaller establishments. This bill will provide broad relief to our job creators,” said Mesnard. “Reducing the tax burden allows our small businesses to invest more money in their workforce and in expanding operations.”

The bill passed along party lines in both the House and Senate. 

SB1093 would impact class one property: commercial and industrial properties that include those for mining, telecommunication companies, utilities, standing timber, airport fuel delivery, oil and gas production, pipelines, shopping centers, golf courses, and property devoted to any commercial or industrial use. Additionally, SB1093 prohibits fire district tax from increasing beyond $3.75 per $100 of assessed valuation.

State Senator Kelly Townsend (R-Mesa) commended Mesnard for the bill. 

Legislature Democrats disliked that funds accrued from those property taxes would no longer be available, arguing that the state would turn elsewhere for the lost funds: homeowners, sales taxes, and the general fund. 

State Senator Lela Alston (D-Phoenix) insisted during the Senate floor vote that the legislation would result in a tax increase on homeowners down the road.

State Representative Mitzi Epstein (D-Chandler) offered similar sentiments last month during the House floor vote. She added that the fund was a slippery slope mindset that would ultimately lead to steep cutoffs of education funding. State Representative Pamela Powers Hannley (D-Tucson) argued that the bill was based on trickle-down economics that she said only made the rich richer and the poor poorer. 

“This bill picks winners and losers with the regular folks being losers in the state of Arizona,” said Powers Hannley. 

State Representative Kelli Butler (D-Phoenix) added that the bill would result in county deficits that must either be mitigated or result in cuts. Butler said that the deficit would hurt rural areas the most. 

“If you want to continue to fund law enforcement, like I do, if you want to continue to fund really important things in your counties and rural Arizona, you need to vote against this bill,” said Butler.

State Representative Neal Carter (R-Queen Creek) rebutted the arguments put forth by his Democratic colleagues. He insinuated that their calculations were simplistic and neglecting the potential for exponential and possibly unprecedented growth inspired by low tax rates.

“In reality, the loss is less than it may appear by simply subtracting the revenue that’s brought in,” said Carter.

State Representative Shawnna Bolick (R-Phoenix) noted that the assessment ratio is applied across the state equally and would eventually make Arizona more competitive with Texas, Colorado, and Utah. 

SB1093 now heads to Governor Doug Ducey for approval. 

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Arizona Ranks First in Economic Performance, Third in Economic Competitiveness

Arizona Ranks First in Economic Performance, Third in Economic Competitiveness

By Corinne Murdock |

Arizona ranked as the top state for economic performance and third for economic competitiveness according to a nationally-renowned, conservative model legislation nonprofit. Those numbers come from the American Legislative Exchange Council’s (ALEC) latest report is their 15th annual “Rich States, Poor States” index on state economies.

State Senate President Pro Tempore Vince Leach (R-Tucson), ALEC Tax and Fiscal Policy Task Force chairman, attributed the ranking to conservative policies. Leach serves as vice chairman of both the Senate Appropriations Committee and Senate Finance Committee.

“While serving as the Vice Chair of both the Senate Appropriations Committee and the Senate Finance Committee, I’ve advocated for fiscally conservative policies focusing on paying off state debt, cutting taxes, and creating an environment competitive for attracting new business and growing a strong workforce, while removing big government red tape that suppresses the economic success and viability of the states,” said Leach.

Arizona’s ranking for economic outlook has varied over the last ten years — 13th in 2021, 10th in 2020, 11th in 2019, 5th in 2018, 8th in 2017, 5th in 2016 and 2015, 7th in 2014, 6th in 2013, and 9th in 2012. The last time Arizona ranked this high was from 2007 to 2010.

ALEC determined their rankings using each state’s current standing in 15 state policy variables. These are the top marginal personal income tax rate, top marginal corporate income tax rate, personal income tax progressivity, property tax burden, sales tax burden, remaining tax burden, estate/inheritance tax levying, recently legislated tax changes, debt service as a share of tax revenue, public employees per 10,000 of population, state liability system survey, state minimum wage, average workers’ compensation costs, right-to-work status, and tax expenditure limits. 

ALEC noted that states with lower expenditures and less taxes generally experienced higher economic growth.

While Arizona climbed upward in the 15 years of the annual ALEC index, the top state didn’t budge. Utah has ranked first in economic competitiveness every year. 

The top ten states on ALEC’s list were as follows, in order: Utah, North Carolina, Arizona, Oklahoma, Idaho, Nevada, Indiana, Florida, North Dakota, and Wyoming.

The middle pack of states, in order of ranking: Texas, South Dakota, Tennessee, Wisconsin, Georgia, Arkansas, Michigan, New Hampshire, Ohio, Louisiana, Alaska, Colorado, Alabama, Virginia, West Virginia, South Carolina, Mississippi, Delaware, Montana, Iowa, Massachusetts, Kentucky, Connecticut, Nebraska, Pennsylvania, New Mexico, Washington, and Rhode Island.

The bottom ten states, in order: Oregon, Maryland, Hawaii, Maine, Illinois, Minnesota, Vermont, California, New Jersey, and New York.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.

Candidate Linked to Bribery Scandal Turns Out for $10 Million Campaign to Increase Latino Turnout

Candidate Linked to Bribery Scandal Turns Out for $10 Million Campaign to Increase Latino Turnout

By Corinne Murdock |

A progressive Phoenix-based nonprofit announced it would invest $10 million in Arizona to rally the Latino voter base for the upcoming midterm elections. The nonprofit, Chicanos Por La Causa (CPLC), announced the $10 million campaign last Thursday. 

Present at the campaign launch was Democrat gubernatorial candidate and former Obama administration official Marco Lopez, discovered in recent months to be tied to an $800 million international political bribery scandal involving a construction conglomerate.

CPLC’s political action committee (PAC) endorsed Lopez last December.

As reported, Lopez’s company received $35,000 from the construction conglomerate for several months of work on former Mexican President Enrique Peña Nieto’s 2012 campaign. The $35,000 had ties to a $3 million bribe from a shell company trading campaign money for public works contracts. A shell company from Peña Nieto’s former campaign lieutenant gave a payout to Lopez from the millions afforded by the bribe money. 

Lopez denied any wrongdoing. He indicated that his opponent, Secretary of State Katie Hobbs, was behind the investigative reports. 

Lopez wasn’t the only controversial face present. Progressive nonprofits Mi Familia Vota (MFV) and Promise Arizona (PAZ) were there as well: they’re helping the CPLC initiative. The nonprofits aim to increase Arizona’s Latino voter base by a minimum of two percentage points, from around 14 to 16 percent. 

MFV has kept busy this month. After Governor Doug Ducey approved legislation requiring proof of citizenship for voter registration, the social justice organization sued state officials. MFV received the help of Hillary Clinton’s Russiagate hoax lawyer, Marc Elias, to file the lawsuit. 

PAZ has recently recovered from connections to a different scandal. Former State Senator Tony Navarrete (D-Phoenix) served as their deputy director for a decade, up until his arrest for molestation. Navarrete faces seven felony charges. According to their leadership, Navarrete apprised the nonprofit of relevant legislation. 

According to the Census Bureau’s latest population estimates, about 32 percent of Arizona’s population is Hispanic or Latino: around 2.3 out of the 7.3 million people in the state. 

During the 2018 midterms, there were over 3.7 million registered voters with nearly 65 percent voter turnout. 

As of January, Arizona listed over 4.35 million registered voters: 34.5 percent Republican, nearly 31.4 percent Democratic, and over 33.3 percent “other.” Less than one percent registered as Libertarian.

Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.