A Senate resolution to appoint Arizona’s first lieutenant governor passed the House Government and Elections Committee with bipartisan support on Wednesday, 10-3. The three to vote against the resolution were Minority Leader Reginald Bolding (D-Laveen) and State Representatives Judy Burges (R-Skull Valley) and Alma Hernandez (D-Tucson).
The resolution, SCR1024, proposed that each gubernatorial nominee would name a lieutenant governor to run on the ticket with them at least 60 days before the general election, serving as a joint candidate. If the lieutenant governor couldn’t serve in the position any longer, then the governor would appoint another individual with majority approval of the state legislature. If brought before and approved by voters this November, the constitutional amendment would go in effect in 2027.
Bolding wanted to raise the total votes needed to approve a replacement lieutenant governor to 60 percent versus a simple majority. The resolution sponsor, State Representative J.D. Mesnard (R-Chandler) responded that the state constitution determines the number of state legislature votes needed to approve an appointment. In final remarks on voting against the resolution, Bolding added that he couldn’t support the resolution because he didn’t believe voters would know what they were voting on if the resolution came before them on the ballot.
Arizona is one of five states without a lieutenant governor: Oregon, Wyoming, New Hampshire, and Maine. If Governor Doug Ducey were unable to fulfill his duties, then Secretary of State Katie Hobbs would be next in line to take over. Hobbs is running for governor this year, contending against fellow Democrats Marco Lopez and Aaron Lieberman, and may face off against Republicans Steve Gaynor, Kari Lake, Karrin Taylor Robson, Matt Salmon, or Scott Neely. The primary election will take place on August 2.
After the secretary of state, the succession for governor would fall on the attorney general, then state treasurer, and finally the superintendent of public instruction.
SCR1024 went hand-in-hand with SB1255, which passed out of the same committee with even more support, 12-1. That time, only Burges voted against the bill. SB1255 would award the lieutenant governor directorship over the Arizona Department of Administration (ADOA), allowing the individual to fill any positions not under the governor’s purview to appoint.
A special thank you to my colleagues on the House Government committee for passing #SB1255 this morning. @JDMesnard and I introduced this bill that would ask voters this November to create a Lieutenant Governor position in Arizona. Appreciate the broad bipartisan support! pic.twitter.com/b7OtgrwGfp
The Senate Health and Human Services Committee received a welcome surprise from 10-year-old Adam Fraleigh, when the little boy with Down syndrome thanked them for hearing his family’s testimony by hugging each senator present.
Adam’s father, John Fraleigh, brought Adam to address a bill that would include Down syndrome among the developmental disabilities recognized by the Department of Economic Security (DES) for its programs, services, and facilities. The pair matched in their attire: gray vests, light purple dress shirts, and purple ties.
Fraleigh gave a brief medical explanation of what makes Down syndrome a developmental disability. He cited the many medical procedures Adam has undergone in his 10 short years, and the likely many more ahead for the rest of his life.
“Requiring paperwork to consistently prove the effects of Down syndrome is wrong. Please pass this bill to demonstrate the understanding that Down syndrome is a disability, a cognitive disability,” said Fraleigh. “My son will require additional resources forever. With that, I’m open for questions, he’s open for hugs.”
Adam rushed over after his father’s testimony to hug each committee member, pulling them close and patting everyone vigorously on the back. He brought a welcome break from a long, packed legislative season, inspiring smiles and laughter from all in the room.
State Senator Nancy Barto (R-Phoenix) thanked Fraleigh for bringing Adam, noting that he brightened their day.
“Thank you; he brightens my day every day,” responded Fraleigh.
The bill passed the House unanimously last month.
Currently, the list of developmental disabilities under DES doesn’t include Down syndrome, but does include autism, cerebral palsy, intellectual disability diagnosis, epilepsy, or diagnosed as at-risk for developing these disabilities.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Supreme Court (SCOTUS) announced earlier this month that it would consider the constitutionality of the Indian Child Welfare Act (ICWA), federal law that determines when states can rescue abused or neglected Indian children, as well as foster rules. This law applies to tribal children and those eligible to live on a tribe but living off of a reservation. Essentially, ICWA does all it can to keep Native American children within their own families or with other Native Americans, and requires state officials to apply a higher degree of scrutiny over abuse to determine whether abuse exists. While other children’s cases need only present “clear and convincing evidence” of abuse, Native American children’s cases would need to present “without a reasonable doubt.” ICWA was enacted to prevent the government from taking Native American children from their families.
Phoenix’s nationally-acclaimed public policy research and litigation organization, the Goldwater Institute, requested SCOTUS to review ICWA; they’ve challenged the federal law for years. In light of the SCOTUS announcement, Goldwater Institute Vice President of Litigation Timothy Sandefur discussed ICWA on the “Andy Caldwell Show.”
Sandefur described the law as unconstitutional and depriving children of fair treatment. He noted that Native American children are at greater risk for molestation, abuse, gang membership, and suicide, arguing that already-vulnerable children were only hurt more by ICWA.
“The rules that [ICWA] sets for child protection are actually less protective for a child than the laws that apply for every other racial group,” said Sandefur.
TUNE IN today at 4:30 PM MT/6:30 ET!
Goldwater's @TimothySandefur will be on the @ACaldwell_Show to analyze SCOTUS' decision to hear a challenge of the unconstitutional federal law that discriminates against Native American kids.
— Goldwater Institute (@GoldwaterInst) March 1, 2022
The case SCOTUS will consider, Brackeen v. Haaland, comes from a culmination of different cases brought by several parents desiring to adopt Native American children but were denied due to not being Native American themselves.
Sandefur described one case that the Goldwater Institute worked on, in which a mother wanted to terminate the rights of her abusive husband so that her new husband could legally adopt her son. If the child had been any other race, the rights could’ve been terminated. However, ICWA applied. Under ICWA, it was “prohibitively difficult” to terminate an abusive parent’s right, even in the case of a mother requesting that action.
In a press release, Sandefur also noted that ICWA also violates the separation of the federal and state governments by requiring states to enforce federal law and interpret their own laws differently.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A bill to tighten up mail-in voting, SB1260, passed the House Government and Elections Committee along a party-line vote on Wednesday, 7-6.
SB1260, introduced by State Senator J.D. Mesnard (R-Chandler), would make it a class 5 felony for someone to knowingly help another to vote who’s registered in another state. If made law, people would be required to write “not at this address” on an early ballot sent to their home but not addressed to them. There’s no penalty for not writing the phrase on the ballot. In return, county recorders would have to cancel that individual’s registration and remove their name from the Active Early Voting List (AEVL).
Mesnard explained during the committee hearing that Arizona law doesn’t currently have standards for handling those who’ve moved, such as duplicate registrations.
Minority Leader Reginald Bolding (D-Laveen) inquired how a prosecutor would determine that an individual knew they were helping another vote fraudulently, giving an example of a parent forwarding an absentee ballot to their college student who’d established residency and registered to vote in another state. Mesnard admitted that determining that someone “knowingly” facilitated fraudulent voting was difficult to prove, emphasizing that the burden to prove that would fall on the prosecutor.
“I don’t think it should be someone caught up in an innocent mistake,” said Mesnard.
State Representative Kevin Payne (R-Peoria) pointed out that the college student given in Bolding’s example would have to vote on the ballot for the parent’s mistake to be made apparent, and that the college student would be knowingly submitting a fraudulent vote.
State Representative Sarah Liguori (D-Phoenix) asked whether this was a real issue that occurred. Mesnard confirmed that he’d received reports of people submitting ballots to others registered in other counties.
“What does the statute say? Is the statute silent on it or does it address that? And it was silent on the issue,” said Mesnard.
Constituents in favor of the bill included Arizona Free Enterprise Club Deputy Director Greg Blackie, agreeing with Mesnard that current statute doesn’t address this problem that mailed ballots present.
Bolding claimed that counties already have a mechanism in place to address ballots sent to the wrong address, and he argued that the ignorant might be punished for unintentionally committing a crime.
“If they are somehow convicted by a rogue prosecutor, whether they’re at the local level or state level who’s looking to make a political point or score points,” said Bolding. “In this political environment right now, I think we need to be judicious in the laws that we’re making. We need to make sure we’re taking the politics out of it, especially when it comes to the electoral process.”
Liguori concurred with Bolding’s assessment, arguing that the legislation addressed a nonexistent problem.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The city of Tucson will require proof of vaccination for individuals wishing to serve as election workers for the upcoming special election in May. According to emails obtained by AZ Free News, individuals are required to bring their COVID-19 vaccination cards along with their social security cards and contact information if they would like to be a paid election worker.
Multiple studies on the demographics of the vaccinated show that the majority of vaccinated individuals self-identify as Democrats. As of press time, the FDA has authorized three booster shot brands for the COVID-19 vaccine: Pfizer-BioNTech, Moderna, and Janssen-Johnson & Johnson. According to Johns Hopkins Medicine, the Pfizer and Moderna vaccines’ protection wanes after five months, while the Johnson & Johnson version wanes after two months.
In less than a year after the FDA initially approved the first emergency use authorization (EUA) for the COVID-19 vaccine, some have received as many as three additional boosters on top of their initial shot. On Tuesday, Pfizer-BioNTech petitioned the FDA to approve a fourth booster. Full FDA approval of one of the vaccine brands, Pfizer-BioNTech, came at the end of August — about seven months ago.
The May 22 special election will have voters determine whether to approve Proposition 411, introduced by Mayor Regina Romero and the city council, to authorize a 10-year extension of a half-cent sales tax for travel infrastructure.
AZ Free News reached out to the city of Tucson for comment, and to ask whether they would grant exemptions to individuals who can’t get the COVID-19 vaccine. They didn’t respond by press time.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
