The Arizona Supreme Court handed a sound defeat to Arizona Secretary of State Adrian Fontes and a victory to the America First Legal Foundation and Strong Communities Foundation of Arizona, known as “EZAZ.org.” The court ruled on Thursday that Fontes’ office is ordered to immediately provide a full list of all individuals who registered to vote in the state of Arizona without providing the proof of citizenship required under the law, a total of approximately 218,000 people as previously reported by AZ Free News.
The ruling obliterated Fontes’ response to EZAZ.org’s demand for transparency, which claimed, “We fear, especially based on SCF’s filings, that its true desire here is not to keep watch on government actions — which our public records laws are designed to facilitate — but instead harass and intimidate voters in the midst of an election and whose rights Secretary Fontes has already vindicated before Arizona’s highest court.”
The court found that the testimony of Professor Robert Pape, a Professor of Political Science at the University of Chicago who suggested with Fontes that “producing the list of 218,000 voters to EZAZ.org would expose those individuals to the risk of harassment and violence,” was “focused on political violence trends nationally and contained no analysis of such trends in Arizona.” They found further that, “Pape admitted on cross-examination that he conducted no research specific to Arizona. Professor Pape offered little more than speculation that a release of the requested information would lead to violence or harassment and, again, only based this opinion on national statistics.”
Finally, the court laid the claims about potential political violence to rest writing:
“The credibility of Professor Pape’s testimony and report was further diminished by what appeared to be gratuitous political bias in his report and in his testimony. The Professor’s opinions regarding general political violence focused almost entirely on allegations of past and anticipated prospective violence from only one side of the political spectrum, and only related to former president Donald Trump.”
The ruling concludes, “They failed to identify any specific threats of violence or harassment from EZAZ.org, and Ms. Hamilton’s unrebutted testimony established that EZAZ.org does not condone violent or harassing behavior and carefully screens its members and volunteers to ensure that persons who do condone or participate in such behavior do not participate in the organization.”
In a statement, America First Legal described the ruling saying, “The court found that Secretary Fontes ‘provided inconsistent testimony on this point’ and that ‘[h]is testimony suggested that he lacked detailed familiarity with the AZSOS’s efforts with regard to the issue and with regard to the records in the possession of the AZSOS related to the 218,000 individuals.’ The court’s order requires Secretary Fontes to produce the list of 98,000 individuals that he has along with any other personally identifying information that he has about the 218,000 individuals.”
James Rogers, America First Legal Senior Counsel, celebrated the ruling saying, “A majority of Arizonans no longer trust the election system of our state. One of the reasons is the lack of transparency from our state’s elected officials. When Secretary Fontes discovered the glitch that allowed 218,000 individuals to register without providing proof of citizenship, he should have immediately shared the list of affected individuals with Arizona’s county recorders, who are in charge of verifying the citizenship of voters. Instead, he has jealously guarded the list, refusing to share it with anyone. This suit was about restoring transparency and ensuring that county recorders can do their jobs by verifying the citizenship of voters. It is unfortunate that Secretary Fontes so aggressively opposed our common-sense efforts to help restore trust in our state’s election system.”
“This was a case we never should have needed to file,” said Rogers.
EZAZ.org’s Merrissa Hamilton wrote in a post to X, “FONTES = 0; TRANSPARENCY = WINNING! Despite AZ Secretary Adrian Fontes’ best efforts to falsely paint @AZHouseGOP@AZSenateGOP as homicidal maniacs (totally unhinged argument not remotely grounded in reality), while he’s also actively preventing Recorders from having access to do their jobs …
The Honorable Judge Blaney ruled in our favor in requiring Fontes to release to EZAZ.org the 98k voters impacted by the MVD ‘glitch’ causing voters to not have proof of citizenship on record.
Our only intent has always been to ensure the Recorders and Legislative leadership can do their jobs! And legal voters are enfranchised with confidence that their government is following the law in the operation of the elections!
Now that will happen! And the reputation of our happy, hardworking volunteers at EZAZ.org is restored!”
🥳FONTES = 0; TRANSPARENCY = WINNING!✅
Despite AZ Secretary Adrian Fontes' best efforts to falsely paint @AZHouseGOP@AZSenateGOP as homicidal maniacs (totally unhinged argument not remotely grounded in reality), while he's also actively preventing Recorders from having access… pic.twitter.com/ZlPl4JhhQi
Arizona Attorney General Kris Mayes is facing serious criticism after legal threats issued to families using the Empowerment Scholarship Account (ESA) program. The threats slammed the brakes on purchasing “supplementary materials” considered self-evident in need by the State Board of Education.
As reported by the AZ Mirror, a July notice from Democrat Attorney General Kris Mayes’ office told the director of the ESA program that they may be in violation of Arizona law by issuing reimbursements to families for supplementary education materials, (i.e. flash-cards, periodic tables of the elements, early books for new readers) without requiring that parents provide documentation that it is required under a curriculum.
In the six-page letter, Assistant Attorney General Kathryn Boughton wrote, “Approving ESA funds for materials that have no nexus to the student’s actual curricular needs contradicts the intent of the program and constitutes a payment of funds made without authorization of law.” She went on to claim that doing so, “may enable account holders or vendors to engage in fraudulent behavior, such as purchasing items with ESA funds solely for the purpose of resale.”
She advised that director, John Ward stop authorizing the reimbursements immediately.
Faced with a potentially damaging legal battle, Superintendent of Public Instruction Tom Horne told parents in a statement that he would have to concede the point for now. “When I received the attorney general’s message, I sent it to the most knowledgeable people in my department,” Horne wrote.
“I asked them to look at it, not as an advocate, because we all disagree with the Attorney General, but in a neutral way, as though they were judges to determine if they could give me a reasonable assurance of success. They analyzed the statutes on which the attorney general relied, and indicated to me that as a neutral judge, they would rule against me if I made a fight out of it and refused to comply. Getting into a fight and losing, would be much more damaging.”
However, the tune from Mayes’ office changed sharply just one day after the Goldwater Institute filed lawsuit challenging the blatantly partisan determination. Attorneys from Goldwater representing two Arizona mothers wrote, “Following …unsuccessful legislative attempts, the office of Arizona Attorney General Kris Mayes initiated a new effort in July 2024 to dramatically limit the use of ESA funds, calling for a prohibition on the purchase of basic educational materials, including books, workbooks, and other ‘supplementary materials’ unless parents could provide an explicit ‘curricular’ document justifying the use of each specific book title or material for their child.”
“Arizona law expressly allows the purchase of such materials with ESA funds, however. In fact, state lawmakers added clarifying language in 2020 with the explicit purpose of ensuring that such purchases would not be denied, following the actions by former State Superintendent Kathy Hoffman that had restricted the purchase of many such items. The State Board of Education has likewise approved rules for the program explicitly permitting the purchase of these materials without additional documentation.”
The AG’s Office then began a campaign of feverishly walking back their determination with a statement responding to the suit. “The Attorney General has simply stated what is required by law,” adding, “The law doesn’t prevent parents from purchasing paper and pencils, but it does require that materials purchased with ESA funds be used for a child’s education.”
But this isn’t what Mayes’ office said in July when they demanded Superintendent Tom Horne’s department “promptly cease approving supplementary material expenses without the requisite documentation of a curriculum nexus,” no matter how self-evidently educational the materials are, as Matt Beienburg,the Director of Education Policy at the Goldwater Institute pointed out in an Arizona Daily Independent op-ed.
As Beienburg notes, Mayes’ office, far from simply targeting extravagant spending, threatened ESA administrators with legal liability unless they applied the same requirements on the list of obviously educational materials approved in the State Board of Education’s ESA Handbook: things like “books,” “workbooks,” “writing utensils,” “atlases/maps/globes,” “calculators,” “flash cards”, etc.
“Thesematerials are what Attorney General Mayes’ intervention is now blocking en masse—unless parents can cite a specific pre-established curriculum calling for the individual book title or resource,” Beienburg explained.
“In other words, the Attorney General’s office still demands that flashcards and other self-evidently educational materials be allowed only if a parent can produce an arbitrary piece of paper calling for their specific use.
The Attorney General’s attempted public deflection away from this fact demonstrates the absurdity of her summer demands. Perhaps she really does believe that families should have to justify their purchases of books like ‘Brown Bear Brown Bear, What do You See?’ and ‘Little People Who Became Great’ to wiser government bureaucrats. But for the rest of us, such restrictions are clearly nonsensical and—under state law, illegal.
The Attorney General is supposed to uphold state law, not torture it to impose her policy preferences. We encourage the Attorney General to withdraw her summer demand letter, or else acknowledge flatly that her position is that families should have to justify why they picked ‘Brown Bear Brown Bear, What Do You See?’ to read to their own children.”
The office of Pima County Recorder Gabriella Cázares-Kelly has become the center of the latest election controversy in Arizona. On October 19th, the county’s online portal to request vote-by-mail ballots was shut down when voting officials claimed the site was overwhelmed with the quantity of requests. The shutdown occurred a week prior to the Oct. 25th deadline.
According to the Tucson Sentinel, as an alternative, the county office posted a notice at the top of the disabled form page instructing voters to call-in to the office in order to request a mail-in ballot.
FOR IMMEDIATE RELEASE: Senator Wadsack Launches Investigation into Pima County Recorder's Office Following Apparent Elections Violations
Arizona Senator Justine Wadsack announced Wednesday that she is launching an investigation into the allegations against Cázares-Kelly’s office “following potential violations which may have suppressed thousands of Southern Arizona voters.”
“I was truly shocked to learn our County Recorder’s Office had done this,” Senator Wadsack said in a statement. “These actions are absolutely unacceptable, undermine the integrity of our elections, and raise serious questions regarding voter suppression. This has affected my current constituents and my community, and I want to make sure their votes are protected as well as votes for all candidates involved. I’m here to make sure there’s accountability for the laws that appear to have been broken. My message to voters is to get out today and vote in person to ensure your vote is not suppressed.”
In a letter of inquiry sent to the County Recorder, Wadsack wrote, “You certainly know that, under Arizona law, ‘an elector may make a verbal or signed request to the county recorder’ for an early ballot. Ariz. Rev. Stat. Ann. § 16-542(A) (emphasis added). Further, your office must mail voters the early ballot ‘within forty-eight hours after receipt of the request.’ Ariz. Rev. Stat. Ann. § 16-542(D). It appears clear that your office violated both requirements.”
Arizona Reps. Rachel Jones and Cory McGarr issued a similar inquiry on Oct. 24th to Cázares-Kelly following allegations that the Recorder’s office, on receipt of undeliverable ballots or those returned due to an outdated address, sent notice that the voters mailed ballot was “received,” creating confusion.
We’re still waiting for answers to the questions asked in our below letter. Received an email yesterday that says they’ll get us those answers asap.
Is asap going to conveniently be November 6th? Maybe never? Why is the Pima County Recorder’s office not already following the… pic.twitter.com/mAcmfUfhZP
Per the Sentinel, Cázares-Kelly’s office sent alerts to approximately 4,000 voters in a mass email to notify them that their requests for a mail-in-ballot were canceled and instructed them to contact the office by phone to request a ballot, citing Marion Chubon, chief deputy to the Pima County Recorder, who ordered the shutdown. Chubon told reporters that the office didn’t inform the press as they “didn’t think it was a story.”
Chubon, responding to the outlet, explained that although the state law requiring ballots be sent within 48 hours of a request (as referred to by Sen. Wadsack), “was a consideration, obviously, and we weren’t going to fulfill those requests in that time. So we chose the more effective option – bottom line, getting those people their ballots that they needed.” However, the state law doesn’t allow for the County Recorder to make such a determination and cast aside requests that have already been submitted.
Subsequently, over 3,000 phone calls were fielded by the office on Oct. 21st and some 1,858 new requests were processed. Between that Monday and Friday another 2,829 requests were handled to the tune of approximately one every four minutes. Chubon told the outlet that she was confident that most of the voters whose requests were thrown out had received one. However she noted that, “We can’t guarantee that every single person called us to get a ballot, but we’re pretty confident that the majority of those were second requests… and those who didn’t fit into that category may have had a hold on their record and wouldn’t have gotten a ballot.”
“We just didn’t think it was a story,” Chubon added. “We were literally just trying to meet our statutory obligations and serve the voters. Like I said, over the weekend, we were processing unprecedented amounts of ballots. We have staff working 12-hour days, seven days a week, including the recorder and myself. We’re all working every day. It was just, ‘Let’s get these people their ballots.’ That was our focus. We would never, intentionally, not try to alert the media.”
Democratic Candidate for Congressional District 1 Amish Shah was revealed to have attacked former President Ronald Reagan and the entire system of capitalism in a recently uncovered video from 2018.
In the video footage, Shah is heard to say, “What we’ve got is an economic system here that isn’t fair. People have started to realize this finally after years. What happened with Ronald Reagan starting to cut taxes on the very, very wealthy has now given us the society we have, and this is what the real travesty is.”
In full, Shah offered a distinctly socialist rebuke of Reagan-era conservative reforms, tax cuts that objectively revived the U.S. economy after the disastrous Carter Administration.
“We’re institutionalizing inequality this… this is what we’re doing. Um, what… what we’ve got is an economic system here that isn’t fair,” Shah said.
He then began to outline a socialist solution:
“And, and, and this is what the real travesty is: lack of good healthcare for example. Um… an expensive healthcare strips people of assets. Not having affordable education then takes those people and puts them at, those kids, and puts them at a massive disadvantage. And there you go.
What you’re going to get is people without opportunity and then finding themselves in a place where they can’t make ends meet. And we’re funding a school to prison pipeline and …and that’s, that’s not right. That’s, that’s just morally, uh, objectionable way for a society to run.
And so I’m… I’m happy that what we’re seeing within the democratic party is a… a huge progressive movement that’s coming up and saying this is wrong and we’re going to do something about it.”
Shah’s views do not appear to have changed. In a recent debate featuring Shah, he explained his class warfare argument and even vowed to raise taxes on Arizonans. “I’m not in favor of extending the Trump tax cuts because a lot of the folks that were helped by those were wealthy,” said Shah.
NRCC Spokesperson Ben Petersen criticized Shah heavily in a statement, “Amish Shah’s extreme vow to axe the Trump tax cuts represents a declaration of war on Arizonans’ livelihoods. Shah’s class warfare campaign and support for socialism are disqualifying in the first district.”
As previously reported by the New York Post, Shah’s heavily radicalized socialist background has caused significant controversy in recent weeks as ties to Senator Bernie Sanders found him endorsing single-payer socialized medicine.
He recently ran afoul of the City of Tempe for use of mailers depicting a retired Tempe Police officer in full uniform in violation of A.R.S. 9-500.14, which forbids the use of city resources to influence an election.
And further reporting from the Washington Free Beacon also uncovered his rental of a modest condominium in his district and listing of that address for voter registration purposes, instead of his primary residence located in the neighboring third district, in possible violation of Arizona law.
Former Arizona Governor Doug Ducey announced his opposition to Proposition 140 in a press release from the ‘No on Prop 140’ Committee last week. Prop 140 would convert the Arizona elections system into what has been referred to as “a California-style election scheme built around ranked-choice voting and jungle primaries.”
“Prop 140 would hand the keys to our elections over to a future Legislature, and potentially give a blank check to one partisan politician — the Secretary of State — to determine on his or her own which candidates advance to the general election,” Ducey said.
“Like many Arizonans, I am open to reforms, but this is a recipe for disaster and unintended consequences. We can do better. Join a bipartisan coalition of Arizonans in voting No on Prop 140.”
“We are grateful for Governor Ducey’s staunch opposition to Proposition 140,” said Pinal County Sheriff Mark Lamb and former Arizona Supreme Court Justice Andrew Gould, co-chairs of the No on Prop 140 Committee. “Governor Ducey, like many Arizonans of varying political persuasions, realizes the irreversible harms this ballot measure would inflict on our state. We must not allow Arizona to fall prey to this dangerous election scheme. Vote NO on Prop 140!”
As previously reported by AZ Free News, the efforts to impose this new system of voting on Arizona is being bankrolled by a group known as ‘Unite America’ (formerly known as the Centrist Project) which gave over $1.7 million to boost the Make Elections Fair PAC earlier in October.
This group, headed by Kent Thiry, a wealthy political figure who has spearheaded progressive political causes in Colorado, has and is still pushing similar reforms in states such as Alaska, Connecticut, Georgia, Idaho, Maine, Massachusetts, Minnesota, Montana, Nevada, New Mexico, New York, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Utah, Vermont, Virginia, Washington, Wisconsin, and Wyoming.
They don’t want you to read the fine print!‼️
Prop 140 gives 1 partisan politician the power to decide who appears on the ballot-even in their own race! This California-style election scheme is designed to benefit the wealthy special interests behind it.
The committee explained that Prop 140 would add 15 new amendments to the Arizona Constitution. It would:
Allow one partisan politician, the Arizona Secretary of State, to decide how many candidates qualify for the general election ballot for every single contest, including his or her own race.
Result in some races where candidates from only one political party appear on the general election ballot.
Force voters to navigate two completely different voting systems on the same ballot, with some races requiring voters to rank candidates under a rank choice voting system and others that do not.
Increase tabulation errors, create longer lines at the polls, and significantly delay election results.
Ducey, returning to political news after an extremely public and acrimonious split with Trump-supporting Republicans, endorsed both President Donald Trump and AZGOP Senate candidate Kari Lake for the 2024 election in August. “Much is on the line this election year & I’m encouraging all eligible Arizonans to vote & prioritize the issues that most affect our state & nation. I will be voting for Republicans up & down the ballot in November — and both Donald Trump and Kari Lake have my endorsement,” he wrote in a social media post.
Ducey explained:
“The border must be secured.
Inflation must be tamed.
America must be respected around the globe and World War III must be avoided.
The Supreme Court should not be restructured by Chuck Schumer.
The TCJA [Tax Cuts and Jobs Act] must be extended and made permanent.
School choice must be supported.
Differences aside, there is too much on the line and only a Republican in the White House and a majority in the House and US Senate can ensure it.”
