Arizona has a new Elections Procedures Manual for the 2024 cycle, though litigation is all but certain from state Republicans.
On Saturday, just before the statute-mandated deadline of December 31, Democrat Adrian Fontes issued the 2023 Election Procedures Manual, after securing approvals from his fellow Democrat officeholders, Governor Katie Hobbs and Attorney General Kris Mayes. In a statement to accompany the release of the manual, Fontes 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.”
For the first time since 1978-1979, Democrats control the top three statewide offices in Arizona (Governor: Bruce Babbitt, Attorney General: John LaSota, Secretary of State: Rose Mofford). One of the most significant consequences of securing this power trifecta is the ability to negotiate, craft, and green light the state’s Election Procedures Manual without initial interference from opposing political voices, as required by law every two years.
Arizona Republicans were quick to push back against the elections manual and signaled a willingness to challenge the legality of its contents in court. House Speaker Ben Toma stated, “A lawful Elections Procedures Manual is paramount for the integrity of our elections. It’s been a top priority of the Arizona House Republican Caucus. I’m disappointed that SoS Fontes refused to correct many objections we raised in our comment to the EPM draft. We are preparing for litigation.”
The speaker’s reference to previous ‘objections’ harkened to an August public comment letter, which was submitted by Senate President Warren Petersen and Toma to the Arizona Secretary of State’s Office after they reviewed the draft manual. Then, the legislators had identified their chief concern with Fontes’ initial offering, which was the “unlawful delay in the implementation of a 2021 state law that helps prevent voter fraud by requiring county recorders to remove any voters registered on the active early voter list who have not cast a ballot during two consecutive election cycles and have not responded to notification from the recorder that they wish to continue participation.” Petersen and Toma asserted that the consequence of this delay would be the perpetuated issuance “of ballots being sent to the homes of voters who may have moved or no longer wish to participate in this process, opening the door for ballots getting into the hands of unintended individuals.”
In a new statement after the release of the approved EPM, Petersen said, “We warned the SOS early on that we would sue if the Elections Procedure Manual was not corrected to reflect the laws passed by the legislature. Unfortunately that did not happen. I imagine there will be many plaintiffs joining the Senate in protecting our elections.”
We warned the SOS early on that we would sue if the Elections Procedure Manual was not corrected to reflect the laws passed by the legislature. Unfortunately that did not happen. I imagine their will be many plaintiffs join the Senate in protecting our elections.
Arizona Republican Party Chairman, Jeff DeWit, also promised legal action against the manual, calling it an “egregious destruction of election fairness by the Democrats.”
The AZGOP shared four “concerning elements” from its cursory review of the manual: limitation of free speech, restriction of voter challenges, exclusion of Republican oversight, and refusal to heed legal precedent. In its press release, the state Republican party charged Fontes with “trying to take powers from the state legislature that are not his to take.”
Representative Alexander Kolodin weighed in on the EPM, writing, “Fontes’ EPM is not an Elections Procedures Manual, it is a how-to manual to disenfranchise Republican voters and a breathtakingly unlawful power grab. It cannot be allowed to stand!”
Fontes' EPM is not an Elections Procedures Manual, it is a how-to manual to disenfranchise Republican voters and a breathtakingly unlawful power grab. It cannot be allowed to stand! https://t.co/gZ4oHQ6SIC
While most Arizona Republicans are united in opposition to the 2023 EPM, so, too, are Democrats in their support of the Secretary of State’s submission. 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 historic universal school choice program has seen significant growth in its first full year of operations.
Last month, the Executive Director for Arizona’s Empowerment Scholarship Account (ESA) program, John Ward, sent three emails to give a comprehensive update to families about the state of the program at year’s end. Ward first noted that the ESA program had grown from 13,400 students to 72,500 students over 15 months since the Arizona Legislature approved the expansion and then-Governor Doug Ducey signed the bill into law.
Director Ward also highlighted the economic efficiency of ESA, stating that “ESA parents educate their students for 27 percent less funding than students in traditional public schools.” According to the email from Ward, “State taxpayers currently spend approximately $9,800 per ESA student on average” compared to $13,400 from “federal, state, and local taxpayers to educate students attending traditional public schools on average.” Ward also pushed back on one of the main attacks against the program, sharing a projection from the Department of Education that the “State will end fiscal year with a $57M education budget surplus,” adding that “a surplus is not an indication of bankruptcy.”
In the second email to ESA families, Ward offered helpful tips to ensure that account holders would be compliant with their submissions. Those tips included “reviewing state law and the ESA Parent Handbook to become familiar with program requirements, submitting complete purchase documentation and curricula when required,” and refraining from purchases of unallowable items.
Ward’s final email gave a look at the future of the ESA program. The focus for the ESA program in 2024 would be further enhancements to the ClassWallet platform to improve user experience and to reduce times of approval for purchases and reimbursements. Fixes to the ClassWallet Marketplace are expected to occur first, followed by tweaks to DirectPay, reimbursements, and debit cards.
The new ESA Director inherited the program in a strong position thanks to the work of Superintendent Tom Horne’s first director, Christine Accurso, who did not have that luxury at the start of the year. Accurso, who has been one of the state’s leading pro-life and school choice leaders for years, joined the Horne administration after thwarting a ballot challenge to the universal ESA program. Horne and Accurso were tasked with bringing the expanded program under compliance with the law and eliminating the significant backlog of requests left by the previous administration. She resigned her position in July, expressing her grateful heart “to have had the opportunity to get the ESA program back on track and functioning well.”
As the Arizona Legislature returns to session in a matter of weeks, the ESA program will be under even more scrutiny as Democrat Governor Katie Hobbs and her legislative allies may attempt to gut or trim school choice in the state. Horne, though, has proven to be a relentless defender of the program, as have Republicans in the Legislature. This issue will undoubtedly be one of the top points of contention between the two sides – especially in an election year, when both Democrats and Republicans believe that they can use ESAs and school choice to their political advantage with undecided voters.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The holiday season didn’t bring holly and jolly to the ongoing feud between Arizona’s Democrat Governor and Republican Superintendent of Public Instruction.
In the days leading up to Christmas, Governor Katie Hobbs and Superintendent Tom Horne exchanged press releases over their dueling perceptions of the due date of the quarterly Empowerment Scholarship Account (ESA) report.
On December 21, the Director of the Governor’s Office of Strategic Planning & Budgeting, Sarah Brown, transmitted a letter to Horne, asking him to send the FY 2024 Quarter 1 Report for the ESA Program to statutory recipients by the following day. Brown opined that this “late report comes after a number of stories showing a concerning lack of accountability and transparency in the ESA program.”
Governor Hobbs posted a short statement to her “X” account, asserting that “Arizonans deserve to know how their taxpayer dollars are being spent. We need true accountability and transparency in the ESA voucher program.”
Arizonans deserve to know how their taxpayer dollars are being spent. We need true accountability and transparency in the ESA voucher program. https://t.co/n6SXNb9VnV
Horne wasted no time in responding to the latest attack on the program he guides and stewards, saying, “The Department of Education has been in contact with the Governor’s Office for nearly three weeks regarding this issue. They are fully aware that we are preparing the report she has requested. Nothing is being withheld.”
Brown also accused Horne of essentially mismanaging dollars in his budget, highlighting the Department of Education’s spending of “millions of dollars advertising the program even with the escalating costs that threaten to crowd out critical spending from the State budget.”
The superintendent’s marketing efforts for the ESA program were practically mandated and empowered earlier this year with the passage of the State’s budget between Governor Katie Hobbs and Legislative Republicans, when freshman Senator Janae Shamp reportedly earmarked $10 million for school choice advertising at the Arizona Department of Education. On August 24, Shamp responded to a critical piece about the targeted funds, writing, “Families are not getting the REAL facts. So called ‘reporting’ by the left and their media henchmen fails to acknowledge the true winners of this money well spent…THE KIDS! Now they will receive education that meets their personal needs.”
Families are not getting the REAL facts. So called "reporting" by the left and their media henchmen fails to acknowledge the true winners of this money well spent…THE KIDS! Now they will receive education that meets their personal needs! https://t.co/o6I5uDgpEK
Before Shamp’s allocation, Horne had executed marketing campaigns for the ESA program, though at far less expense than the levels he obtained after the latest State budget.
The Governor’s Office also pointed out the revelations of ESA dollars being used to fund “ski passes and luxury car driving lessons.” In his response to this criticism, Horne retorted that those “frivolous ESA spending approvals occurred under the administration of the Governor’s friend, Kathy Hoffman.” He added that his department had “reviewed more than 15,000 ESA applications, rejecting thousands that were incomplete in the first quarter of Fiscal Year 2024 alone.”
As he closed his statement, the Republican schools chief wished his readers a “Merry Christmas!”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona’s Republican legislative leaders scored a significant legal victory as the clock runs out on 2023.
On Thursday, a panel for the United States Court of Appeals for the Ninth Circuit issued an order against the Biden Administration’s Contractor Vaccine Mandate in Mayes v. Biden, vacating its earlier opinion for mootness. According to the Ninth Circuit, the president rescinded his Executive Order in May, following the Ninth Circuit’s decision to reverse and vacate the district court’s grant of a permanent injunction; and earlier this month, the nation’s high court “vacated as moot the judgment in three cases concerning vaccine mandates.” The U.S. Supreme Court’s action was the final straw for the federal contractor vaccine mandate at stake in the Arizona case.
The news came months after the 56th Arizona Legislature had filed an Emergency Application to the Supreme Court of the United States in the case, arguing that “the Ninth Circuit overreached when it disturbed the status quo and stayed the district court’s injunction sua sponte.” After filing the application, Petersen said, “The Legislature’s intervention in this lawsuit against President Biden is critical in protecting the sovereignty of our state and the rights of all Arizonans.”
Both the Arizona Senate and House Republican Caucuses championed the December order from the federal appeals court. The Arizona Senate Republicans “X” account posted, “MAJOR win this week for Arizona Legislative Republicans in protecting you against a FORCED COVID-19 VACCINE!!… President [Warren Petersen] immediately fought back at this unconstitutional overreach and didn’t stop even after Biden revoked his emergency order at the end of the pandemic.”
MAJOR win this week for Arizona Legislative Republicans in protecting you against a FORCED COVID-19 VACCINE!!⁰⁰Earlier this year, Biden issued a mandate that anyone who is employed by a federal contractor (which includes state government workers) is required to get the… pic.twitter.com/3Raect5TjE
The Arizona House Republicans wrote, “BIG WIN! The 9th Circuit today vacated its opinion that upheld Biden’s unconstitutional vaccine mandate for federal contractors. Thanks to [Arizona House Speaker Ben Toma] for intervening to protect Arizonans’ medical freedoms!”
🚨BIG WIN!🚨 The 9th Circuit today vacated its opinion that upheld Biden’s unconstitutional vaccine mandate for federal contractors. Thanks to @AZHouseGOP Speaker @RepBenToma for intervening to protect Arizonans’ medical freedoms!
The case began as Brnovich v. Biden in 2021, when former Arizona Attorney General Mark Brnovich filed the first lawsuit in the nation against the president’s COVID-19 vaccine mandates. At the time, Brnovich said that “the federal government cannot force people to get the COVID-19 vaccine,” and that “the Biden Administration is once again flouting our laws and precedents to push their radical agenda.” Brnovich’s suit was heard before U.S. District Court Judge Michael Liburdi, who later, in February 2022, issued a permanent injunction against the president’s mandate for federal contractors.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Law enforcement at the front lines of the border crisis is looking for new recruits.
Last week, the Chief Patrol Agent for the Detroit Sector of the United States Border Patrol, Robert Danley, posted a notice to “X” that his agency is hiring. Chief Danley shared information about hiring incentives and the link for interested men and women to apply.
— Chief Patrol Agent Robert Danley (@USBPChiefDTM) December 22, 2023
For years, the Border Patrol has been under duress from the deluge of illegal immigration across America’s southern border. The border has been ‘open,’ more or less, for decades, but the situation on the ground has reached unprecedented levels in the past ten years. Over the past three years, during the Biden Administration, the border crisis has arguably been at its peak, forcing the already thin ranks of Border Patrol agents to process hundreds of thousands of incoming illegal aliens.
According to the U.S. Customs and Border Protection, there were 19,357 Border Patrol agents in Fiscal Year 2022.
Border Patrol agents have faced new threats in 2023, in addition to their wearisome workload at their stations, leading many to wonder how many individuals would want to sign up for what this job has become. In October, the Vice President of the National Border Patrol Council, Art Del Cueto, posted a picture of online messages that contained threats and concerning solicitations about personal information for agents and members of their families.
The messages shared by Del Cueto included the following:
“We will pay for any addresses of border patrol agents!!”
“$200 your way if you get me a border patrol agent’s address”
“$1k if you get me they mommas address”
“We offer $$$ for information on BP agents”
“Top dollar on good info”
“I’ll post us torturing any bp agent u send”
Ali Bradley, a National Correspondent for NewsNation, shared additional insight from conversations with Border Patrol agents, stating that “the agency says the messages also show the intent to post the torture of BPAs on social media.”
NEW: “We will pay for any addresses of border patrol agents!!”@CBP sends out internal alert to agents after intercepting messages seeking the home addresses of agents and their families with an intent to do harm— The text message obtained by CBP states, “$200 your way if you… pic.twitter.com/98PA8pYdWv
Earlier this month, two wives of Border Patrol agents joined Fox News to talk about the crisis and their perceptions of the lawlessness through the eyes of their husbands. One of the women, Alison Anderson, said, “We have literally watched our border be handed over… he often talks about, why did our brothers die? Why did people die defending this country for this administration to sit there, lie about what they’re doing and hand over our border and our national security?”
In Fiscal Year 2023, there were 2,475,669 encounters of illegal immigrants at the southern border – in addition to the ‘gotaways’ who slipped by agents. Through the first two months of the newest fiscal year (October and November), there were 483,404 apprehensions at the southern border. Both months have outpaced FY 23s figures so far.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
