Arizona Republican legislators are seeking cooperation from county election officials on a state law pertaining to elections.
Late last month, a coalition of Republican state House members wrote to county recorders and election officials around the state after an initial panel from the U.S. Court of Appeals for the Ninth Circuit allowed a law on proof of citizenship requirements for State Voter Registration forms to go into effect.
The letter, which was signed by Republican members of the House Municipal Oversight and Elections Committee, called on these officials around the state to “reject Arizona’s state-specific voter registration form submissions that lack documentary proof of citizenship,” and to “remove foreign citizens from your voter rolls.”
These legislators highlighted the law that was allowed by the Ninth Circuit – A.R.S. 16.121.01 (C), which reads: “C. Except for a form produced by the United States election assistance commission, any application for registration shall be accompanied by satisfactory evidence of citizenship as prescribed in § 16-166, subsection F, and the county recorder or other officer in charge of elections shall reject any application for registration that is not accompanied by satisfactory evidence of citizenship. A county recorder or other officer in charge of elections who knowingly fails to reject an application for registration as prescribed by this subsection is guilty of a class 6 felony.”
They added, “This law, which the Legislature passed in 2022, is critical to the integrity of Arizona’s elections. It also prevails over the 2018 Consent Decree entered into by the Arizona Secretary of State and Maricopa County Recorder in League of United Latin American Citizens of Arizona v. Reagan, No. 2: l 7-cv-04102- DGC (D. Ariz. June 18, 2018). Consequently, enforcement of A.R.S. § 16-121.0l(C) should ease your respective offices’ administrative burdens because you are no longer required to search the Arizona Department of Transportation database to search for evidence of citizenship on behalf of an applicant who does not supply citizenship documentation.”
Just days later, another panel on the Ninth Circuit reversed the order that had justified and warranted this letter to county officials.
The members who signed the letter were Representatives Jacqueline Parker, Alexander Kolodin, Justin Heap, Rachel Jones, and Austin Smith.
The most-recent decision from the Ninth Circuit is expected to quickly make its way to the Supreme Court of the United States in an attempt to obtain emergency consideration.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two Arizona legislators are expressing concern over a recent closure of a Maricopa County shooting complex.
Earlier this month, State Representatives Quang Nguyen and Selina Bliss wrote a letter to Maricopa County Sheriff Russ Skinner to “express concerns regarding the Joe Foss Shooting Complex.” They stated that it was their understanding that this complex was closed to the public on June 30, 2024, and they “strongly urge[d] the Sheriff “to reopen the shooting range to the public as soon as possible.”
The legislators shared that “According to the Maricopa County Parks and Recreation, the reason for this closure was to allow for more officers and deputies to be able to learn, qualify, and requalify with firearms and reduce the wait time for such training.”
“The Joe Foss Shooting Complex has been an important resource in Arizona for many years, gaining many consistent, loyal members,” wrote the lawmakers. “Many civilians, most being long-time members of the JFSC community, are frustrated with their favorite shooting range closing.”
They added, “With this closure, we have heard concerns regarding the places to which people will start taking their shooting business – some say that those once-loyal members of the Joe Foss Shooting Complex will start shooting in the desert instead. Keeping the Joe Foss Shooting Complex open to the public would eliminate that concern and avoid other unanticipated problems or unintended consequences.”
The Maricopa County Parks and Recreation posted an update to the situation on July 15, saying, “We appreciate the valuable feedback from residents concerned about the closing of the Joe Foss Shooting Complex at Buckeye Hills Regional Park. As a result, Maricopa County Parks and Recreation will conduct further analysis of the site’s condition and use and reevaluate whether there may be opportunities to provide public shooting again going forward. Site analysis will be done by an independent firm with specialty in range repair and mitigation. No decision about future activities at Joe Foss will be made until after their report is complete and repairs are finished. The range will remain closed during that time.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
One of Arizona’s top prosecutors acquired a high-profile endorsement for her campaign as the date for the primary election nears.
Earlier this week, Maricopa County Attorney Rachel Mitchell, a Republican, announced the endorsement of former Arizona Diamondbacks pitching superstar Randy Johnson.
In his endorsement, Johnson said, “Proud to endorse Rachel Mitchell for Maricopa County Attorney here in Arizona. She has shown that she is tough on crime. We need prosecuting attorneys like her in our state, in our cities and in our towns protecting our neighborhoods and hard-working citizens. She has my full endorsement.”
I am honored and thrilled to receive the endorsement of @Dbacks legend and Hall of Fame pitcher, Randy Johnson. Randy has seen firsthand the changes in Seattle from the time he pitched there – changes that come when criminals are not held accountable. He won’t see those changes… pic.twitter.com/pTfEZ8m68W
— Maricopa County Attorney Rachel Mitchell (@Rachel1Mitchell) July 24, 2024
Mitchell responded, “I am honored and thrilled to receive the endorsement of Dbacks legend and Hall of Fame pitcher, Randy Johnson. Randy has seen firsthand the changes in Seattle from the time he pitched there – changes that come when criminals are not held accountable. He won’t see those changes here.”
The county prosecutor added, “As Maricopa Attorney, I am dedicated to enforcing the law and holding criminals accountable. I will work relentlessly to protect our neighborhoods and ensure justice for every resident.”
Mitchell is competing for the Republican nomination for Maricopa County Attorney in the upcoming July 30 primary. She is opposed by fellow Republican Gina Godbehere. The winner of this contest will face off against Tamika Wooten, who is unopposed in the Democrat primary.
Throughout the lead-up to the primary election this year, Mitchell has rolled out a number of endorsements for her campaign, including from the Scottsdale Police Sergeant and Lieutenants Association, the Arizona Police Association, the Tempe Officers Association, the Arizona State Troopers Association, the Chandler Law Enforcement Association, the Phoenix Police Sergeants and Lieutenants Association, the Combined Law Enforcement Associations of Arizona, and many other elected officials from around the state.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
A powerful Arizona organization is attempting to coax the state’s once-invincible champion for school choice into fighting back against one of its most fierce opponents.
Last week, John Thorpe, a Staff Attorney with the Goldwater Institute, sent a letter to Arizona Superintendent of Public Instruction Tom Horne, over his office’s continued capitulation to Attorney General Kris Mayes over the interpretation of certain laws pertaining to the Empowerment Scholarship Account (ESA) program.
The letter from the Goldwater Institute sought “to bring some clarity to the issues of (1) whether the use of ESA funds for ‘supplementary expenses’ requires an explicitly documented ‘nexus’ to a curriculum approved by the Department of Education, and (2) whether ESA funds are subject to the AG’s authority under [state statutes].”
This communication addressed an earlier email from Arizona Department of Education ESA Executive Director, John Ward, to parents within the program, informing them about a letter he had received from Mayes’ Solicitor General. According to Ward, that letter “stated that some ESA program practices are inconsistent with State law and result in payment of ESA funds without authorization of law, [and that] the Solicitor General’s Office has directed the ESA program to address the issues it identified.”
The Attorney General’s Office cited two Arizona statutes to bolster its argument that “the Arizona Department of Education has approved certain supplemental items and textbooks without requiring curricula, which may result in ‘illegal payment of public monies.’” Ward told parents that “ADE has no choice but to comply with the Solicitor General’s determination,” forcing families to “submit a curriculum with all supplemental materials requested or purchased” – something that he even noted was a practice “in place since before the current ADE administration.”
Horne’s acceptance of Mayes’ interpretation of the law was surprising to many members of the public, being that his office has been at odds with the Attorney General’s Office on almost every issue related to this program. Previously, Horne issued several statements expressing his unabashed opposition to the Democrat Attorney General’s persistent attacks on the ESA program and vowing to match her office step for step in defense of parents.
In Thorpe’s letter, he argues that “the law does not condition families’ rights to buy supplemental materials on an explicitly documented ‘curriculum nexus,’” and that “Arizona families’ ESA dollars are not ‘public monies.’”
Thorpe concluded his letter to the state’s schools chief, writing, “The AG’s power to investigate misuse of public monies does not give her the authority to prevent your office from allowing Arizona families to use their ESA funds for statutorily permitted uses. Nor does the law require you, or those families, to justify every textbook or ‘supplementary expenditure’ with a Department-approved curriculum nexus or documentation from a private school.”
On the same day of the Goldwater letter, Ward sent another email to ESA families in response to questions of his department “to provide additional guidance on what is required to use Empowerment Scholarships to purchase supplemental materials” – perhaps signaling that Horne and the Arizona Department of Education would not be backing down from its surrender to Mayes. Ward stated that “ADE would like to provide you with an updated template of Parent-Prepared Curriculum that you can use to submit with your requests for supplemental materials.”
One of the state’s most ardent and effective advocates of the ESA program, Christine Accurso, linked to the Goldwater letter on her social media platform, adding her own commentary about how parents should react to the decision from the Arizona Department of Education on these supplemental materials for their ESA accounts. She said, “ESA parents should have absolutely no fear with submitting orders (for direct purchase or for reimbursement) that includes items that are obvious supplemental educational materials. If an order gets rejected, then email asking them to approve it. If you get an email or communication about your order that says it is the ‘department’s final administrative decision’ then you can go to the State Board of Education and file an appeal. However, you must have proof that the department has given its ‘final administrative decision’ before submitting an appeal to the SBE.”
The Goldwater Institute’s public foray into this controversial action from the Republican Superintendent’s Office follows a letter that was previously sent to Horne from Arizona House Speaker Ben Toma, a fellow Republican. In his letter, Toma wrote, “I understand that you may have no choice but to cooperate with the Attorney General’s politically-motivated investigation. However, ADE is best situated to determine how to implement its policies in a way that fulfills legislative intent but does not burden parents with unnecessary bureaucratic requirements.”
Toma added, “As you implement your Department’s policies, I urge you to scrutinize Attorney General Mayes’ unsolicited legal advice expressed in her July 1, 2024, letter, consider how her interpretation of Arizona statutes would impact parents throughout the state, and reject her interpretation of the law that would lead to absurd results.”
In a blog post for the Goldwater Institute, Matt Beienburg referenced Toma’s letter, stating, “As noted by Arizona Speaker of the House Ben Toma, the unprecedented intrusion and second-guessing by the AG’s office into ADE’s administration of the ESA program is just the office’s latest attempt to advance a novel legal theory in order to hijack the legislative deliberations and decisions of state lawmakers. Indeed, just days before firing off its attack against ADE for its application of state statute, the AG’s office was forced to concede and drop its efforts to override the provisions of the recent bipartisan state budget agreement. The AG’s demands against the ESA program should similarly be rejected by the state department of education, the state board of education, and the judicial system of Arizona.”
A few days removed from the Goldwater Institute letter, the Arizona Department of Education sent another email to ESA parents, informing them of a virtual meeting with Horne, Ward, and others from the department to “provide account holders with an opportunity to have their questions answered regarding the new curricula requirements for supplemental materials.” However, families will not be able to ask their questions live and unfiltered. Instead, as per the electronic notice, “the format for the virtual meeting will be the Department of Education reading and answering questions that have been submitted to it by ESA Holders.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Not all kinds of heat are equal: apparently, Arizona’s first “Chief Heat Officer” has been avoiding any heat from the media.
It was discovered by ABC15 reporter Nicole Grigg that inaugural Chief Heat Officer Eugene Livar, appointed in April, has repeatedly avoided interviews with the media and instead opted to answer the questions on his own time, without direct media scrutiny or feedback, through his vlog, “What’s Hot with Heat.”
Per Arizona Department of Health Services’ (ADHS) media relations, they will direct reporters to sift through Livar’s vlogs to receive answers to their questions, should he have addressed them.
Media Relations Director Niala Charles told Grigg in an email this week that Livar’s vlog satisfactorily accomplishes the duty of keeping the public informed, citing the vlog’s “77,000 subscribers” and “high click rate,” which Charles described as “impressive.”
Arizona’s population sits at over 7.1 million souls.
Arizona hired its first 'Chief Heat Officer' and is now doing bi-weekly video blogs about the heat.
I have requested interviews with him, but he's not available. Instead, I can submit my questions, and they may put a response in his 'Whats Hot with Heat!' series. pic.twitter.com/PLGJHseuYB
Prior to becoming the state’s first chief heat officer, Livar had worked in various roles for ADHS for over a decade. In his last role as ADHS assistant director, Livar had a salary of over $148,000.
This latest job title was concocted through Governor Katie Hobbs’ Extreme Heat Preparedness Plan, which he helped develop. Livar’s job also includes executing those aspects of the plan. Hobbs’ plan heavily focuses on addressing homelessness, namely heat respite resources and housing for them, and establishing more clean energy.
A big push for Hobbs’ plan, and a goal of her administration, is to convince the federal government to declare heat as an emergency in order to unlock more federal funding.
Livar’s team has issued two vlogs, the first appearing last month. Both vlogs repeated similar advice on watching out for heat-related illnesses and staying hydrated, and avoiding heat-induced car breakdowns by performing regular maintenance.
The third vlog is scheduled for release next Wednesday.
The first vlog, eight minutes, focused on an overview of his office’s duties and the resources the state and local government offer for heat relief.
“Be sure you stay cool, stay hydrated, stay informed, and be sun-wise,” said Livar in one vlog. “We know if we lean on each other, we can make it through each heat season and come out better every year.”
The second vlog issued earlier this month, four minutes, had Livar recommending municipalities adopt more public advisories on the heat, and expanding offerings of cooling and hydrating stations.
The ADHS heat-focused vlogs are promised to be posted on a bimonthly basis. Rather than relying on closed captioning, ADHS opted to bring in a sign language interpreter for the vlogs.
In addition to vlogging, Livar has been blogging about heat-related topics. Most recently, Livar wrote up general advice on proper hydration, signs of dehydration, and resources for sourcing local cooling and hydration centers.
Other blogs by Livar address various other, non-heat-related health topics, like HIV testing and regulation of marijuana kitchens.
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