On Friday, the Arizona Free Enterprise Club (AZFEC) filed a lawsuit against the State of Arizona, Secretary of State Adrian Fontes, and the ‘Make Elections Fair’ political committee. The group is challenging the initiative to place open primaries, ranked choice voting, and the elimination of public funding in partisan elections on the November ballot as a single item. The AZFEC, along with three co-plaintiffs, is contesting the constitutionality of The Make Elections Fair Arizona Act, on the basis that it violates the Arizona Constitution’s “Separate Amendment Rule,” which prohibits multiple constitutional amendments from being combined into a single ballot measure.
In a press release, the Arizona Free Enterprise Club explained, “If placed on the ballot and approved by voters, the Make Elections Fair Arizona Act would radically change how Arizonans select and approve candidates for public office, essentially copying the California voting system.”
Broken down under the premise of the “Separate Amendment Rule,” the Make Elections Fair Arizona Act constitutes twelve separate amendments according to the AZFEC. The act touches three disparate areas of Arizona election law, directly amends four different sections of the Arizona Constitution, and adds an entirely new section, whole cloth.
🚨 BREAKING: We just filed a lawsuit against the Make Elections Fair Arizona Act (which would essentially copy the California voting system) because it contains multiple separate constitutional amendments in violation of the Arizona Constitution. 🧵https://t.co/SZdu3h3aRV
— Arizona Free Enterprise Club (@azfec) July 26, 2024
Scot Mussi, President of the Arizona Free Enterprise Club said in the release, “In their rush to undermine the will of Arizona voters for future elections, the special interests that drafted this measure ignored our laws and our Constitution. This egregious disregard for law and order exudes arrogance from these parties and should disqualify their measure from the November ballot.”
In the text of AZFEC’s complaint, attorneys for the organization cited, “Article XXI, Section 1 of the Arizona Constitution, which states that “[i]f more than one proposed amendment is submitted at any election, the proposed amendments shall be submitted in such a manner that the electors may vote for or against such proposed amendments separately.” They added that, in past precedence, the Arizona Supreme Court has upheld that “the purpose of the single-subject rule is to eliminate the ‘pernicious practice of “log-rolling,'” whereby voters are ‘forced, in order to secure the enactment of the proposition which [they] consider[] the most important, to vote for others of which [they] disapprove[],’” the process of packaging a proposition the voters might support with others they may not.
As detailed in the release, even the drafter’s website readily acknowledged that the initiative included multiple amendments in the no longer online section: “Initiative Language” by presenting the amendments in four distinct categories in a format showing each issue as a “Current Problem” and a solution labeled “MAKE IT FAIR.”
ARIZONA FREE ENTERPRISE CLUB V. STATE OF ARIZONA and ADRIAN FONTES §104 ( About Page, MAKE ELECTIONS FAIR ARIZONA, https://www.makeelectionsfairaz.com/about (last visited July 24, 2024).ARIZONA FREE ENTERPRISE CLUB V. STATE OF ARIZONA and ADRIAN FONTES §104 ( About Page, MAKE ELECTIONS FAIR ARIZONA, https://www.makeelectionsfairaz.com/about (last visited July 24, 2024).
In the complaint, the plaintiffs appeal for relief in the form of a declaration from the court that the initiative is in violation of the Arizona State Constitution, and a request for a mandamus order to compel Secretary of State Adrian Fontes to carry out his “nondiscretionary duty to comply with the Separate Amendment Rule set forth in Article XXI, Section 1 of the Arizona Constitution.”
As reported by the Arizona Mirror, the Make Elections Fair Arizona Act has already been the subject of a legal battle between the Make Elections Fair Arizona political action committee and Arizona Legislative leaders, House Speaker Ben Toma and Senate President Warren Petersen, regarding the descriptive language of the initiative on the November 2024 ballot.
The description in question reads, in part, that the proposition, “would amend the Arizona Constitution to: 1. Allow for the use of voter rankings at all elections held in this state to determine which candidate received the highest number of legal votes,” continuing to break down the revisions to the primary election and general election procedures.
Attorneys for the PAC complain in the lawsuit, “By beginning with the changes the Initiative permits regarding the use of voter rankings, the adopted analysis improperly amplifies those permitted changes and improperly understates the Initiative’s required changes to the primary-election procedures.” They suggest that this is misleading.
Last Friday’s CrowdStrike outage, which made headlines for disrupting operations at valley polling places, severely disrupted life for people all over the state because of Arizona’s heavy use of mobile banking, according to a study from Vention released Tuesday.
According to a release obtained by AZ Free News, the study by software development company Vention was based on Google Keyword Planner analysis of the U.S. Google search volume related to mobile banking on the basis that it can identify the states that utilize it most and were therefore the most impacted.
🚨 Recent #CrowdStrike outage shows that even automated security systems need a human touch. For startups & SMBs without dedicated security staff, Vention is here to bridge the gap. Let us help you stay secure and focused on growth: https://t.co/7J25dbcgkxhttps://t.co/tAtwqw1rYa
Arizona ranks fifth in the nation based on Vention’s findings following Maryland, New Jersey, Connecticut and Florida.
Credit: https://ventionteams.com Sources: Search volume data was gathered from Google Keyword Planner | Mobile banking usage survey results are from marketwatch.com | Penetration rate of online banking in the US is from statista.com
In Arizona, the utility of mobile banking is intuitive given the nature of Arizona’s development with tens of thousands of residents living in far-flung communities further from civic and business centers. But in other areas where mobile banking is prevalent, insufficient physical banking locations to handle customer density is a reasonable cause.
Vention reports, “In recent years, mobile banking has rapidly gained popularity, driven by the convenience and accessibility it offers. A recent survey conducted by MarketWatch found that nearly 75% of people prefer mobile and online banking over in-person banking.”
Marc Karasu, CMO at Vention, commented on the findings saying, “It’s fascinating to see which states are adopting the latest trends in banking technology more quickly and which are lagging.”
“What’s more, mobile banking popularity is set to keep rising, with research predicting that over 79% of the population will be using online banking by 2029.”
“Studies such as these are invaluable for the banking industry to identify where they need to focus their marketing efforts. Additionally, it highlights the states that could benefit from increased financial technology education and support.”
A report from the Arizona Republic Friday stated that the outage brought down point-of-sale systems at Circle K locations, caused delays and flight cancellations at Phoenix Sky Harbor International Airport, and disrupted police dispatch and communications systems all over the state.
Founder and president of Data Doctors Computer Services, Ken Colburn, told AZCentral that the situation could cause CrowdStrike and other cybersecurity firms to perform a “deep self-examination,” adding, “The silver lining of this is maybe we as an industry become better at this type of thing.”
Discussing the convenience of technology and interconnectivity as well as the risks he told the outlet, “You can’t really have it both ways.” He continued, “Every day, we as individuals make risk decisions. It is the nature of individuals. It’s the nature of business. It’s the nature of life. What we have to do is make sure that the risks that we’re taking do not exceed the value of what we’re getting out of our interconnected world.”
According to CNN, the outage, described as the largest IT outage in history, is expected to cost Fortune 500 companies in excess of $5 Billion in direct losses with healthcare and banking systems hit the hardest, suffering estimated losses of $1.94 billion and $1.15 billion respectively.
Congressmen Eli Crane (R-AZ) and Andy Biggs (R-AZ) have introduced a House Resolution demanding that the United States Secret Service surrender all documents, records, and communications regarding the July 13th Trump Rally in Butler, PA to Congress. The move came shortly after Crane’s visit to the venue, where the attempted assassination of President Trump occurred, with the House Homeland Security Committee led by Chairman Mark Green (R-TN).
As reported by AZ Free News, Rep. Crane shared his professional assessment of the attempted assassin’s sniper position in a potent testimony given his service as a Navy SEAL Sniper. According to a press release from Crane’s Congressional Office, the resolution, if adopted, will require Secretary of Homeland Security Alejandro Mayorkas to surrender all of the applicable records and documents within 7 days of the resolution’s passage.
“Yesterday, I visited the site of the attempted assassination against President Trump, including the roof where the shooter was positioned. As a former Navy SEAL sniper, it was clear to me that many security measures were completely dropped making President Trump extremely vulnerable,” Rep. Crane said in a statement.
“There’s no excuse for this grave failure. Accountability must be inescapable for those responsible. With today’s resignation of Secret Service Director Cheatle, we must continue to push aggressively for continued accountability.”
“After yesterday’s hearing with Secret Service Director Cheatle, during which the House Oversight Committee received no substantive answers, it is crucial for Congress to step in and conduct oversight over Secret Service’s failures on July 13th. House Leadership must quickly bring Rep. Crane’s legislation to the Floor to force Mayorkas’s DHS to comply with our ongoing investigation.”
In a joint-statement Reps. Crane and Biggs said, “The security failures that allowed an assassination attempt on Donald Trump’s life are shocking.” They added, “In response to bipartisan demands for answers, we are announcing a House Task Force made up of seven Republicans and six Democrats to thoroughly investigate the matter. The task force will be empowered with subpoena authority and will move quickly to find the facts, ensure accountability, and make certain such failures never happen again.”
By the time the resolution was introduced, Secret Service Director Kimberly Cheatle had already resigned from her role following hours of bipartisan questioning and condemnation from the House Oversight Committee. Monday’s proceedings saw members of both parties such as Democrat Rep. Ro Khanna (D-CA) and Republican Rep. Nancy Mace (R-TN) demand Cheatle step down with Khanna referencing the resignation of Director H. Stuart Knight eight months after the attempted assassination of President Ronald Reagan.
“I just don’t think this is partisan,” Khanna said. “If you have an assassination attempt on a president, a former president, or a candidate, you need to resign.”
Mace asked Cheatle if the beleaguered Director would like to use her last five minutes of questions to draft a resignation letter, to which Cheatle replied, “No, thank you.”
Cheatle's resignation does not conclude our investigation.
Reporting from The Post Millennial’s Senior Editor Andy Ngô revealed this month that on July 4th, a “pro-Palestinian” protester shot and killed Paul Franco, 51, after a fight broke out between him, his girlfriend Stephanie Renteria, and protesters in Phoenix, AZ.
According to Ngô, Renteria said Franco was killed defending her. “I just remember a black shadow just walking up to Paul and then shooting him,” she said.
Phoenix police reportedly served a search warrant on the home of a person of interest in the murder, widely reported as woman. However, Ngô reported Wednesday, “the person being investigated for allegedly shooting dead the 51-year-old Latino father is Muslim trans Antifa member Sumayyah Dawud, a man previously known as Britney Erica Austin and originally, Eric Austin.”
Ngo exclusive: On July 4, a group of pro-Palestine protesters got into a fight with Paul Franco and his girlfriend in Phoenix, Ariz.
His girlfriend says her boyfriend was shot dead while trying to protect her. "I just remember a black shadow just walking up to Paul and then… pic.twitter.com/3bRXtKVo3M
Ngô added that Muslim groups who had previously defended Austin cut him off after discovering his identity as a ‘transgender’ man.
In a report posted to X, Ngô went on to reveal that Austin has historically been involved with BLM-Antifa extremism dating back to the widespread 2020 riots adding that he is a “a fundamentalist Muslim sympathetic to radical Islam,” and has sued the Phoenix Police Department in the past for removing his Muslim facial covering during an arrest. Austin has reportedly claimed he was acting in self-defense when he shot and killed Franco. Shared video footage from 12News and footage from a June 15th action that found Austin, now known as Sumayyah Dawud taking part of a mob action against a Scottsdale restaurant.
A source sent me video of violent trans Antifa member Sumayyah Dawud, a man previously known as Britney Erica Austin and originally, Eric Austin, being part of a pro-Palestine mob that harassed a restaurant in Scottsdale, Ariz. for having Israeli products.
Resist the Mainstream posted that “Sumayyah Dawud, a man previously known as Britney Erica Austin and originally, Eric Austin, has a long history of far-left extremism and is sympathetic to radical Islam, according to Ngo,” and posted social media comments of “Dawud” extolling the virtues of armed extremism saying, “radical folx (sic) who get in the streets & engage in high risk direct actions and /or do direct confrontation against fascists/white supremacists need to be armed.”
.@MrAndyNgo reports: Phoenix PD is investigating a Muslim trans-identifying Antifa member who allegedly shot a 51-year-old father dead.
Sumayyah Dawud, a man previously known as Britney Erica Austin and originally, Eric Austin, has a long history of far-left extremism and is… pic.twitter.com/7w1sA7b34Q
— Resist the Mainstream (@ResisttheMS) July 18, 2024
Per AZFamily, Franco and Renteria were walking home from the Fabulous Phoenix Fourth event at Steele Indian School Park and Renteria became embroiled in an argument with the protesters near Camelback Road and Central Avenue. The verbal dispute then devolved into a physical altercation. Within minutes, Paul Franco was shot several times in front of the apartment complex where he lived. He was pronounced dead on the scene.
AZFamily, citing Phoenix PD, reported “a woman they believed was involved in the shooting was taken in for questioning, then released without any charges being filed, claiming self-defense.”
As reported by ABC15, cell phone video obtained by the outlet shows Franco and Renteria shouting at the pro-Palestine protesters near Steele Indian School Park that evening. Both Franco’s family and Austin claim they were acting in self-defense. Another man, one of the protestors was reportedly stabbed.
In an interview with 12News, Renteria explained that after Phoenix Police broke up the initial argument with the protesters, she and Franco returned to their apartment. The protesters followed them. She told the reporters, “We threw eggs, and they threw rocks at us. And after they threw rocks, some of them jumped the wall.” She said that several of them followed a car into the complex’s private property and that she was confronted and punched by an unidentified woman.
“I just remember a lady coming up to me, and she said, ‘You threw a f’ing egg at me,’ and then she hit me.”
According to Phoenix PD, Austin stated that he fired on Franco in self-defense. Renteria however adamantly told 12News that Franco did not fire first and was shot and killed defending her.
“It was them. It was them that fired first. I just remember a black shadow just walking up to Paul and then shooting him,” she said.
Renteria told 12News “People could just come into your property and claim self-defense. It’s scary.” She added, “I want the people that assaulted us to be charged. I want some type of justice.”
In a post to X, Ngô wrote, “The family of the Phoenix man shot dead by a trans Antifa member following a Palestine direct action believe the @PhoenixPolice are afraid of charging him.”
On Tuesday, Maricopa County Elections officials held a press conference on the expectations voters can have over the next weeks as primary votes are cast and tabulated in the July 30th election. The performance of the Arizona election system will likely presage the General Election experience we can expect in November. Amidst the CrowdStrike outage and the attempted assassination of President Donald Trump looming over the proceedings the officials took questions from several outlets and briefed the press on projected turnout.
Maricopa County District 3 Supervisor Bill Gates began by addressing the increasingly tense atmosphere to the gathered reporters saying, “Unfortunately we’re talking about and thinking about political violence and our country right now in a way that we haven’t in a long time.”
He continued citing security concerns on election day, “We know that’s on people’s minds and that’s why we are committed to providing a safe and secure experience both for our elections workers as well as those people who go to vote .”
Gates added, “It’s very important that everybody understands that me and my colleagues on the board are committed to safe, secure and transparent elections.”
Responding to questions about the impact of CrowdStrike’s Friday outage on the election system, Fields Moseley, the Maricopa County Communications Director, told 12News, “We feel like we had a fairly low impact. Still, almost 400 people voted on Friday. We opened at 9 a.m. with four vote centers open and had a rolling opening all day long as those were fixed and 40 were opened before the end of the day. None of the tabulators were affected by this. They’re on an air-gap system. They’re not connected to the internet.”
The Republican National Committee and Republican Party of Arizona sent a joint letter to the Maricopa County Elections Director expressing their concerns following the disruption.
🚨@GOP and @AZGOP have requested information from Maricopa County on the CrowdStrike outage. Voters must have full confidence that election systems were not breached and that this will not happen again. pic.twitter.com/7UPgxUNgaY
— Republican Party of Arizona (@AZGOP) July 20, 2024
“The most recent occurrence is extremely worrisome due to the online nature of the issue and the implications if this were to happen on Election Day,” the state and national GOP said in part.
AZGOP Chair Gina Swoboda said in a statement accompanying the letter:
“Following the discovery that the global CrowdStrike outage had affected elections systems in Maricopa and Pima counties in Arizona, the RNC, AZGOP, and Trump Campaign’s election integrity department have sent a letter to every county in the state. We are demanding information on any other systems affected, if vulnerabilities were exploited, and full evidence demonstrating that there were no breaches to determine the extent of the issue. Most importantly, we must have complete assurance that this will not happen again and that the elections systems are not susceptible to these threats during our country’s most important election. These breaches highlight alarming fragilities in the voting system, and we need confirmation that there was no nefarious activity. How was this allowed to happen in a critical battleground state during the primary election?
Voters must have full confidence their ballots are protected. We will uncover the evidence and pursue every avenue needed to ensure the system is secure.”
Moseley replied, “We’re aware of the letter from the RNC. We will respond to the RNC at the appropriate time.” He continued, “We already publicly explained what happened to our ballot on demand system on Friday during the day. We opened at 9:00 a.m. with four vote centers open and had a rolling opening all day long as those were fixed and 40 were open before the end of the day. None of the tabulators were affected by this. They’re on an air gap system. They’re not connected to the internet.”
BREAKING: Reports are coming from Maricopa County, Arizona that Dominion voting machines are malfunctioning county-wide as a result of the CrowdStrike outage. Officials have long claimed that the machines are NEVER connected to the internet… you can laugh at those claims now… pic.twitter.com/t5A6SIImKY
Addressing concerns for the General Election, Jennifer Liewer, the Maricopa County Deputy Elections Director for Communications told the conference, “We will have over 240 vote centers open, so if a vote center does go down, people are able to choose from a different vote center, but we will have increased resources, increased technology personnel.” She added, “We are prepared should something occur on Election Day to be able to be responsive without knowing that what exactly might happen and obviously you can um do the best you can to plan for things. And I think our staff being flexible responsive.”
She continued, “Our IT staff were up in the middle of the night on site at MCTEC helping get computers rebooted. It was really all hands on deck and Maricopa County voters can know that we are dedicated and even if that means getting up in the middle of the night and coming into work, we’ll do whatever it takes to make sure that everybody who wants to cast a vote has the ability to do so.”
Moseley, describing the impact of the CrowdStrike outage, noted, “Friday was a pretty unique event,” even quipping: “I mean let’s ask Delta Airlines.” Responding to a question on converting to a different system he told reporters, that he couldn’t say for sure if the county is “re-evaluating,” its use of CrowdStrike for cyber security or Microsoft’s products, which he referred to as “ubiquitous.”
The officials noted that the county is anticipating 623,000 ballots to be cast in total by mail, dropbox, or in-person for the primary election with approximately 94,000 of those being in-person on election day. Approximate projections for total turnout are from 718,000-894,000 or about 30% of the electorate.
Assistant County Manager Zach Schira stressed the staffing levels and heavy investment the county has made in elections stating, “Good people ran lawful elections in Maricopa County in 2020 and 2022 and are doing so in 2024. Our full-time election staff, supplemented by thousands of members of this community, are trained to ensure we are following the law.” He added, “Over the past year, the Board of Supervisors has invested heavily in elections: more than $15 million in new money towards resources and equipment that directly impact the efficiency and security of our operations. Bottom line: we are well resourced, well planned, well trained for next Tuesday’s Primary and the entire 2024 cycle.”
