Arizona’s leading legislative Republicans are taking the state’s Secretary of State to court in advance of the 2024 election cycle.
On Wednesday, the State Senate Republican Caucus announced that President Warren Petersen and House Speaker Ben Toma filed a challenge in Maricopa County Superior Court over the recently published Elections Procedures Manual (EPM), “requesting the court throw out a number of provisions in the EPM, which violate or conflict with current Arizona election laws.”
🚨 FOR IMMEDIATE RELEASE: President @votewarren Initiates Legal Action Against Secretary of State for Attempts to Disenfranchise Voters, Create New Election Laws through Elections Procedures Manual
“Both the Secretary and our Governor have a track record of not following the law. As a result, I’m taking action to protect the integrity of our elections,” said President Petersen. “This reckless EPM opens the door to unlawful activity and undermines the voter confidence measures Republican lawmakers have implemented over the years.”
Toma added, “The Arizona Legislature is taking steps necessary to protect the integrity of Arizona’s elections…. Secretary Fontes has exceeded his jurisdiction, using the EPM to exercise lawmaking powers that do not belong to him. Our lawsuit aims to halt this overreach and nullify the unlawful provisions in the manual to ensure a fair and lawful electoral process for all Arizonans.”
The #AZLeg is taking steps necessary to protect the integrity of Arizona's elections. Today, Senate President @votewarren and I filed a lawsuit against Secretary of State @Adrian_Fontes over his unlawful 2023 Election Procedures Manual, which flaunts rules that violate existing… pic.twitter.com/NCgaJH995K
The lawsuit, which was filed by attorneys of Statecraft PLLC and Snell & Wilmer L.L.P., asked the Superior Court for a preliminary injunction prohibiting the implementation or enforcement of the 2023 EPM to the extent it purports to:
Allow county recorders to merely move to inactive status – rather than cancel the registrations of – voters who affirmatively stated on juror questionnaires that they do not reside in the relevant county and have not responded within 35 days to a notice from the county recorder;
Prohibit county recorders from relying on information provided by third parties in determining whether there is reason to believe a registered voter is not a United States citizen;
Delay implementation of statutorily required maintenance of the active early voting list until January 2027;
Excuse mistakes or errors in the statutorily required registrations of paid or out-of-state ballot measure petition circulators;
Compel county boards of supervisors to reflexively vote to adopt only the returns provided by the election official when conducting a canvass; and
Authorize the Secretary of State to certify a statewide canvass that consists of returns of fewer than fifteen counties.
The legislative Republicans will have stiff opposition in court from the trio of statewide Democrats who were responsible for producing and approving this EPM: Secretary of State Adrian Fontes, Governor Katie Hobbs, and Attorney General Kris Mayes. When Fontes issued the 2023 EPM at the end of last year, he said, “Free, fair and secure elections have been this group’s commitment to the voter from the very beginning. This is what happens when a committed group of leaders comes together to serve their community. It’s good for our democracy and it’s good for Arizona.”
Governor Katie Hobbs, who preceded Fontes, said, “Partisan politics should have no role in how we run our elections. This EPM builds on the 2019 EPM and 2021 draft EPM from my tenure as Secretary of State and will ensure dedicated public servants from across the state will have the guidelines they need to administer free and fair elections. Together, we can protect our democracy and make sure every Arizonan has the opportunity to have their voice heard.”
As Secretary of State, Hobbs was required to finalize the EPM in 2021, but a divided government shared with Republican Governor Doug Ducey and Attorney General Mark Brnovich stymied the quest to secure a green light for the manual. Hobbs and Brnovich were also mired in an ongoing political feud, which resulted in legal bar charges that the Secretary of State brought against the state’s top prosecutor and several of his attorneys. After receiving Hobbs’ updated manual, Brnovich sued the SOS “to compel her production of a lawful EPM.” Brnovich alleged that “the SOS failed to provide the Governor and Attorney General with a lawful manual by October 1, 2021, as required, and instead included nearly one-hundred pages of provisions not permitted under the EPM statute.” The challenge from the former Attorney General was rendered unsuccessful, and the state was forced to revert to the previous cycle’s EPM (2019) to govern the 2022 races.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona’s Attorney General is standing with the state’s Senate President to protect the financial interests of families.
Last week, Attorney General Kris Mayes sent a letter to the IRS Commissioner, requesting the agency “reconsider its decision to tax the 2023 Arizona Families Tax Rebate.”
The IRS should reverse its stance on the Arizona Families Tax Rebate. Otherwise, my office will explore every legal option to keep these dollars in the pockets of Arizona taxpayers. My full letter to the IRS: https://t.co/izQoX66NqT
In a statement that accompanied her announcement, Mayes said, “The IRS should act promptly to reverse this decision and provide clear guidance to Arizona taxpayers as tax season nears. If they do not, my office is prepared to examine all legal avenues to ensure these dollars stay in the pockets of Arizona taxpayers.”
The news from the state Attorney General’s Office follows communication from Arizona Senate President Warren Petersen over this matter. Earlier this month, Petersen issued a press release to share that he was “working diligently to come to a resolution that will protect the more than 700,000 recipients from having to give the federal government a portion of [the rebate] this tax season.”
🚨 FOR IMMEDIATE RELEASE: Senate President @votewarren Works to Prevent Biden's IRS from Taking Advantage of "Arizona Families Tax Rebate" Recipients ⬇️ pic.twitter.com/Y2B2JisOvy
Petersen also thanked Mayes’ office for “reaching out to us on this matter,” though he cautioned that “litigation likely isn’t the best approach.”
In her letter to the IRS Commissioner, Mayes argued that “the full Tax Rebate should be excludable from federal tax under the general welfare exclusion,” and that “at a minimum, the Tax Rebate should be excluded from federal tax to the extent it does not exceed state taxes that were actually paid and that were not deducted from federal income.”
The state’s top cop pointed to past IRS guidance and states where the agency “determined to be excludable from federal tax in February 2023,” such as Alaska, California, Colorado, Delaware, Idaho, and Indiana. She added that different guidance from the IRS established other exclusions that benefited four states – Georgia, Massachusetts, South Carolina, and Virginia. In closing, Mayes wrote that “it would…be fundamentally arbitrary and inequitable to preclude Arizona and its taxpayers from relying on that guidance, particularly given the materially similar (and less restrictive) state programs that the IRS found to be nontaxable in whole or in part last year.”
Mayes asked for the IRS to reply to her letter “by return letter or through amended published guidance no later than February 6.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona legislative Republicans are again standing with state attorneys general over an issue of national importance.
This week, both the Arizona State House and Senate Republican Caucuses announced that Speaker Ben Toma and President Warren Petersen had joined a letter to President Joe Biden, “urging (the administration) to either enforce our immigration laws and protect our southern border or get out of the way so Texas can.”
🚨 FOR IMMEDIATE RELEASE: Arizona Senate Republicans Stand in Solidarity with Texas' Efforts to Defend Itself Against Biden's Border Invasion@votewarren@ShawnnaLMBolick@AZSenatorShamp ⬇️⬇️⬇️
The letter to the White House follows an escalating disagreement between Texas state officials and the Biden Administration over enforcement of laws and allocation of resources pertaining to illegal immigration into that state. Both sides are looking to the Supreme Court of the United States to adjudicate this politically volatile dispute.
“Arizona is overwhelmed from the same dangers brought on by this invasion as Texas. Biden is literally dismantling our nation as we know it, allowing known terrorists and criminals to enter through our southern border with no consequences,” said President Petersen. “Since our Attorney General is not pushing back against the lawlessness Biden is promoting by working to destroy the border barriers Governor Abbott has built, the Legislature must speak out and stand in solidarity to support our neighbors.”
“Texas has every right to defend itself from the unprecedented flow of illegal immigration, drug trafficking, and countless threats at our southern border because of President Biden’s willful refusal to protect this nation,” said Speaker Ben Toma. “I stand with Governor Abbott and call on Governor Hobbs to follow his lead and invoke Arizona’s constitutional right to defend itself.”
“Texas has every right to defend itself from the unprecedented flow of illegal immigration, drug trafficking, and countless threats at our southern… pic.twitter.com/NP13xTfWzg
The letter that Petersen and Toma co-signed was led by the States of Iowa and Utah and joined by Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.
In their letter, the attorneys general and legislators write, “The federal government should be working to stop this crisis, but it is not. And the Constitution’s Guarantee Clause requires that the federal government do so. It must ‘protect each [State] against invasion.’ But it has abandoned its duty. Nothing in the Constitution stops Texas from stepping up and doing its part to protect itself, and in so doing also protecting States across the country. To those that contend this power belongs only in Congress, they should take that up with Speaker of the House Mike Johnson, who stands with Texas. By following the Constitution, Texas is doing what the federal government has failed to do.”
Over the past few months, the two Republican legislative leaders have signaled a more aggressive shift in taking the reins from Arizona Attorney General Kris Mayes to defend the law and Constitution. Attorneys general are not usually joined by outside parties on their amicus briefs or letters, yet multiple coalitions of Republican state prosecutors have included Petersen and Toma on several major filings. In previews for the 2024 legislative session, both the House and Senate Majority Caucuses indicated more of these efforts are to be expected throughout this year.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The 45th President of the United States proved, yet again, to be the Republican kingmaker in the Grand Canyon State.
After a sudden vacancy at the Republican Party of Arizona, former President Donald J. Trump broke his curious public silence over the politically volatile situation, endorsing a surprise contender, Gina Swoboda, for chair. Trump said, “Gina Swoboda has my Complete and Total Endorsement to be Chairwoman of the Republican Party of Arizona. She is an outstanding person with incredible passion for our Party, which she will quickly MAKE GREAT AGAIN! ARIZONA2024”
Many Republicans from different factions across the state quickly echoed the former President’s sentiments, throwing their support behind Swoboda. This flurry of activity and endorsements ended up giving Swoboda a massive victory at the annual party meeting on Saturday.
Once Swoboda secured her runaway win to become the next chair of the state Republican Party, she expressed her gratitude to Trump for his support. On “X,” Swoboda wrote, “Arizona is the key to the presidency. I was proud to have the support of President Trump in this victory to lead the AZGOP into the most important election of our lifetime. Now it’s time to turn out every last vote for the 47th President, DONALD J TRUMP!”
Arizona is the key to the presidency
I was proud to have the support of President Trump in this victory to lead the AZGOP into the most important election of our lifetime
Now it’s time to turn out every last vote for the 47th President, DONALD J TRUMP!https://t.co/ihDMpdMGQj
Karoline Leavitt, the National Press Secretary for the Trump Campaign, responded to Swoboda’s hat tip to the current frontrunner for the Republican nomination, saying, “Congratulations to the newly elected Trump-Endorsed Arizona GOP Chairwoman, Gina Swoboda!”
Swoboda’s ascension to AZGOP Chair appeared to come out of nowhere as the hours ticked away toward the annual meeting. After the chairman’s vacancy occurred, two competing slates quickly emerged for the job, and speculation indicated that one of the candidates may have, at the least, been inquiring about information for a challenge to the state party’s top spot – even before the opening. Trump’s endorsement then flipped the narrative and potential outcome, showing the party faithful and outside onlookers alike that his endorsement reigns supreme for State 48 Republicans.
The new Republican Chairwoman of the AZGOP will have her hands full this year as she attempts to lead her party back into the win columns during the November General Election. Securing Arizona’s eleven electoral votes for Trump will be top of mind for Swoboda, followed by competitive U.S. Senate and congressional races. She will also be expected to lead the Republicans to victory at the state legislature, ensuring that Democrats and Governor Katie Hobbs are held in check for the next two years. Additionally, the state Republican Party will likely weigh in on several key initiatives that are expected to appear on the ballot for voters, including abortion and election system reform.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A famous burger restaurant chain is closing operations in one California city.
Last week, In-N-Out Burger announced it would soon be closing its Oakland location. In a statement released by Denny Warnick, the company’s Chief Operating Officer, the decision was made “due to ongoing issues with crime.” Warnick explained that “despite taking repeated steps to create safer conditions, our Customers and Associates are regularly victimized by car break-ins, property damage, theft, and armed robberies.”
#Confirmed: In-N-Out Burger is closing its Oakland location “due to ongoing issues with crime…our customers and associates are regularly victimized.”
According to Warnick’s statement, the In-N-Out’s Oakland location was “busy and profitable,” but the company highlighted its “top priority” of ensuring the safety and well-being of our Customers and Associates,” adding that “we cannot ask them to visit or work in an unsafe environment.”
When asked by AZ Free News about the development out of Oakland, Arizona Senate President Warren Petersen replied, “Arizona Republicans believe in the rule of law, and as a result, the policies we’ve implemented over the past decade have kept our state safe. Democrats have a track record of being soft on crime, and if they gain control of Arizona, it’s likely we will endure the same sad fate as Oakland, where criminals and lawlessness reign over our communities.”
The National Fraternal Order of Police addressed the Oakland news in a post on its “X” account, writing, “The closure of In-N-Out’s Oakland restaurant not only emphasizes the impact of persistent crime on our communities but also brings sadness for the employees losing their jobs. As we reflect on this, questions arise about leadership and community safety. Shouldn’t leaders actively combat lawlessness to protect businesses, jobs, and the well-being of individuals?”
🍔 Addressing Safety Concerns and Employee Loss 🍔
The closure of In-N-Out's Oakland restaurant not only emphasizes the impact of persistent crime on our communities but also brings sadness for the employees losing their jobs. As we reflect on this, questions arise about… pic.twitter.com/7UvKwtbK2Y
— National Fraternal Order of Police (FOP) (@GLFOP) January 22, 2024
As of January 24, there are 401 In-N-Out locations across 287 cities in the United States, according to the data company ScrapeHero. Out of those total locations, 275 are in California. Arizona has 34 restaurants – the third-most of the 8 states and territories that currently host the In-N-Out chain.
The Oakland In-N-Out location will continue operations until Sunday, March 24, 2024.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
