by Matthew Holloway | Oct 24, 2024 | News
By Matthew Holloway |
Democratic Candidate for Congressional District 1 Amish Shah has found himself facing demands from the Tempe City Attorney.
According to the Arizona Agenda, Tempe City Attorney Eric Anderson contacted the Shah campaign and ordered the candidate to cease using a mailer that depicts a retired Tempe Police officer in full uniform including his sidearm. The advertisement shows Shah speaking with the officer and claiming he “stood up to his own party to crack down on fentanyl trafficking” or that he “voted to increase funding for border security,” forwarding a narrative that he is at least pro-law and order if not pro-law enforcement.
The ad naturally came to the attention of incumbent Republican Congressman David Schweikert who forwarded it to the city attorney. The mailer appears to be in violation of Arizona law A.R.S. 9-500.14, which forbids the use of city resources to influence an election, including: “monies, accounts, credit, facilities, vehicles, postage, telecommunications, computer hardware and software, web pages, personnel, equipment, materials, buildings or any other thing of value of the city or town.” In this case, the city’s logo represents a “thing of value.” Anderson also confirmed to the outlet that city policy also forbids the practice.
“Accordingly, my office has directed correspondence to both the former officer as well as Dr. Shah’s campaign demanding that any such use be discontinued,” he wrote, adding that if the Schweikert campaign sees him use it again, they should tell the city “so further action can be considered.”
As of this report, the advertisements haven’t stopped. Schweikert campaign consultant Chris Baker told the Arizona Agenda that one more mailer hit homes just a day after the letter from the city attorney, which could have already been in process. But a few days later, another was deployed, leading the campaign to alert the city.
Responding to the allegations, Shah told the outlet that he passed the city’s letter on to his attorney and if his campaign had indeed violated the law, he would update the ad. He did note though that his team had contracted with a major national firm for the mailers and were told by both the company and the retired officer that use of the photo was “kosher.”
Shah told the outlet, “We’re checking with our team and our lawyers to see if what they allege to be a violation, was indeed a violation. And if we are found to be out of compliance, then we will take corrective action, meaning, blur it out.”
National Republican Congressional Committee Spokesperson Ben Petersen reacted in a statement saying, “Lawbreaking liberal Amish Shah thinks he’s above the rules and will do anything for power. Shah shamelessly doubling down on his illegal behavior despite being warned shows his contempt for the rule of law.”
In a post to X, Petersen even noted, “Let’s not forget Shah clearly forgot Tempe is not even in #AZ01.”
According to the law, “For each violation of this section, the court may impose a civil penalty not to exceed five thousand dollars plus any amount of misused funds subtracted from the city or town budget against a person who knowingly violates or aids another person in violating this section.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 23, 2024 | News
By Matthew Holloway |
Arizona’s Democrat Governor Katie Hobbs is insisting that the Prop 139 amendment to the Arizona Constitution that would state, “Every individual has a fundamental right to abortion,” would not include minors. However, prominent critics of the Proposition, such as Cindy Dahlgren, communications director for Center for Arizona Policy Action, says different. Dahlgren told reporters, “It would clearly be argued that ‘every individual’ includes minors.”
In the text of the Proposition, the new amendment would read:
“Every individual has a fundamental right to abortion, and the state shall not enact, adopt or enforce any law, regulation, policy or practice that does any of the following:
- Denies, restricts or interferes with that right before fetal viability unless justified by a compelling state interest that is achieved by the least restrictive means.
- Denies, restricts or interferes with an abortion after fetal viability that, in the good faith judgment of a treating health care professional, is necessary to protect the life or physical or mental health of the pregnant individual.
- Penalizes any individual or entity for aiding or assisting a pregnant individual in exercising the individual’s right to abortion as provided in this section.”
The legal definition of “individual” is key to this argument:
- According to A.R.S. 18-551, under Arizona law, an “individual” is defined as, “a resident of this state who has a principal mailing address in this state as reflected in the records of the person conducting business in this state.”
- Under A.R.S. 43-104, “‘Individual’ means a natural person.”
- Under family law in Arizona, A.R.S. 25-1202 also clearly establishes that the definition of “individual” applies to minors through the inverse: “’Child’ means an individual, whether over or under the age of majority.”
As reported by the Arizona Capitol Times, Hobbs claimed that even if the amendment to the Arizona Constitution were to overturn current abortion laws requiring parental consent, that minors would still be unable to obtain an abortion without that consent.
“Health care providers would be subject to the same provisions relating to minors as they are under any other circumstance,” Hobbs told the outlet.
However, current Arizona law under A.R.S. 44-132 doesn’t seem to bear that conclusion out. The law in question states clearly:
“The consent of the parent, or parents, of such a person is not necessary in order to authorize hospital, medical and surgical care.”
The Arizona Capitol Times noted that Attorney General Kris Mayes, another Democrat advocate for the sweeping pro-abortion law, told reporters that this major legal distinction would likely need to be settled in court. “If Prop 139 passes, my office will conduct an analysis on its impact to other statutes,” Mayes explained.
“As with most newly passed referendums, litigation may be necessary to determine the specific impact on state law,” she added. “Ultimately, the courts may have to decide how any new constitutional provisions interact with current laws.”
The Arizona Capitol Times also observed that there is existing legal language in statute that addresses a judicial path for a minor to seek abortion without parental consent if she proves to a judge she is “sufficiently mature and capable of giving informed consent.” And while not a majority of the abortions performed involve minors, these cases do present a significant portion, about 12% of the total cited in 2022: 37 out of 250.
The outlet also spoke with Attorney Andrew Gaona, representing Arizona for Abortion Access, who told reporters that the measure would create “a fundamental right to abortion and sets forth the standard that existing and future laws regulating abortion must satisfy.” He also claimed that the new law wouldn’t be definitive on the question of minors.
“How that standard will apply to the more than 40 existing abortion-related statutes if a party chooses to challenge some or all of them will be determined by Arizona courts,” he said.
Bethany Miller, an attorney representing the Center for Arizona Policy told the Arizona Capitol Times that the distinction between Prop 139 and other amendments pertaining to individual rights comes down to the wording. “The Arizona right to bear arms is not ‘fundamental,’” she said, citing a 1994 ruling that declared the right to bear arms a qualified rather than absolute right. “In other words, Arizonans do not have the right to bear arms in any time or any way.”
“By contrast,” she warned, “Prop. 139’s fundamental right is likely to be interpreted as a near absolute right.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 23, 2024 | News
By Matthew Holloway |
Former Ambassador and Senator Jeff Flake (R-AZ) wrote a post to X on Sunday in which he reiterated his support for Democrat Presidential nominee Kamala Harris, extolling the virtue of the “rule of law.” In a scathing response to the post, former Maricopa County Sheriff Joe Arpaio refuted Flake’s stance based in the “rule of law” by hearkening back to a 2014 scandal that nearly ended Flake’s career.
In his post, Flake wrote, “I’m voting for Kamala Harris not in spite of being a conservative, but because I’m a conservative. Conservatives believe in the rule of law.”
In reply, an evidently unamused Arpaio wrote, “Your son Austin and his wife killed 23 dogs, and then sued me and the Sheriff’s Office for prosecuting them. You tried to destroy me and my detectives, you don’t believe in the rule of law!”
Arpaio was referring to an incident which found Flake’s son Austin Flake and wife Logan Flake (née Hughes) indicted on multiple felony charges in connection with the deaths of 23 dogs at the Green Acre dog-boarding facility, owned by his in-laws Jesse Todd and MaLeisa Hughes. Arpaio, then-Sheriff, was the public face of the Maricopa County Sheriff’s Department which led the investigation and told the public during a press conference, “The caretakers were the Senator’s son and his wife.”
As reported by ABC15, the case against the Flakes was dismissed and the Hughes pleaded guilty to animal cruelty charges in 2014. As the saga unfolded, the Flake family launched a lawsuit, alleging malicious prosecution against Arpaio and his now-late wife Ava personally, along with Maricopa County, the Maricopa County Board of Supervisors, and Deputy Sheriff Marie Trombi and her husband.
The legal battle raged for three years until its resolution, largely in Arpaio’s, Trombi’s, and the county’s favor in 2018. That’s when a final effort to revive the lawsuit and a civil trial was dismissed by U.S. District Judge Neil Wake, according to AZCentral.
During the ongoing litigation, then-Senator Flake announced that he would not seek re-election. Flake was facing collapsing populariaty, had vocally set himself against the sitting President Trump, and faced primary defeat from pro-Trump Republicans. At the time, Politico reported that a top GOP strategist “said Flake’s team had been polling the race since the beginning of the year and had repeatedly found no path to victory in either the GOP primary or the general election.”
“He basically lost to all comers,” the GOP strategist told the outlet. “There wasn’t a Republican or a Democrat you could put next to him on the ballot who he wouldn’t lose to.”
Since his public fall from grace with the Arizona GOP, Flake has become a minor surrogate for the Biden administration, attracting a small cohort of anti-Trump Arizona Republicans. He was rewarded for siding against Trump with a posting as U.S. Ambassador to Türkiye. The 61-year-old ex-Senator stood down from his post in Ankara in September and has since aligned himself with the Biden campaign at first, and now the Harris campaign as previously reported by AZ Free News.
Flake’s enthusiastic advocacy for Harris has left many in Arizona wondering what a future under Harris could hold for the Snowflake-born politician. When asked by AZ Free News if he received any policy concessions for his endorsement, such as protecting the filibuster, religious liberty, or SCOTUS; or if he was promised another ambassadorship or a cabinet post, Flake did not reply.
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 22, 2024 | News
By Matthew Holloway |
Security measures for Arizona voting centers are a prominent concern in 2024 and already hardened locations are being selected as polling places. Some facilities used for years have even declined to do so due to concerns over threats and violence. Maricopa County authorities have stepped up coordination with local, state, and federal agencies to address the concerns.
According to a report from NPR/KPBS, one Phoenix-area site slated for a voting center is equipped with barbed-wire fencing, six-foot tall security gates, and badge-controlled access doors. The building is a school district office, and according to the Superintendent, the security features are the only reason he is comfortable with the facility being used on election day.
The District Superintendent spoke to the outlet on condition of anonymity citing a concern over increased threats. He told NPR that his district has provided as many as 17 polling centers in past elections, but that number has been reduced now to just this one, with the high-security district office being the only option.
The school official told reporters that since the tense days of the 2020 and 2022 elections, “What happened is the rhetoric got stronger, higher, louder, and that’s what brought me to the decision — from a safety perspective — I can’t have those kinds of incidents that are making the front page on my campuses.”
Describing the security measures at the district office he said, “This is one step below Fort Knox.”
During the 2022 election, similar security measures were on display at the Maricopa County Tabulation and Election Center in Phoenix.
The District Superintendent recounted that during past elections, it fell to him to inform voters waiting in line that they could not open-carry firearms or demonstrate within the 75-foot weapons and electioneering limit. But rather than stop providing election locations altogether, he’s opted to provide just one that is highly secured. “As a large district, I want to be a community contributor that makes a difference in my community,” he told NPR. “Schools are the community.”
According to VoteBeat, as of May 2024, a survey of election administrators by the Brennan Center revealed that 40% of them have taken steps to bolster the physical security of election offices and polling places since the 2020 election. Approximately 38% reported workers experiencing either harassment or abuse and many are investing in “panic buttons” or training workers in de-escalation techniques.
Tammy Patrick, the chief programs officer for the Election Center, a non-profit representing these officials, told the outlet, “Election officials aspire to prepare for every possible election scenario — sadly, the possibility of violence is one of those scenarios that has been part of election contingency plans and protocols for years, if not decades.”
She added, “What is different this year is the preparation for potential, albeit remote, issues to arise at tabulation centers and election offices over the course of the election, with particular consideration for the post-election period and certification.”
Maricopa County Elections spokeswoman Jennifer Liewer told VoteBeat that county officials are working with the Sheriff’s Department as well as state and federal authorities via the County Command Center. “Agencies have been meeting for more than a year to prepare for the 2024 General Election,” she told reporters. She also noted that the county is among those including de-escalation tactics in poll worker training with “protocols on when and who to contact should poll workers feel the security of the facility or those in it might have a safety issue.” .
“It is our hope that voters will peacefully cast their ballots,” Liewer concluded. “Poll workers are prepared to intervene and de-escalate situations, but should the potential for violence occur, law enforcement is prepared to respond.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 21, 2024 | Education, News
By Matthew Holloway |
Arizona Superintendent of Public Instruction Tom Horne announced the extension of free services through the Achievement Tutoring Program until the end of the 2024-25 school year. Horne hopes the move will allow a greater number of Arizona students to take advantage of the highly successful program.
In a statement released Wednesday, Horne said, “Studies show tutoring to be the best method for academic growth. A year ago, I announced that we would repurpose about $40 million in COVID relief funds that had been allocated by the previous administration, and were not being used for academic purposes, to create the Achievement Tutoring Program. The results have been excellent as students who get this tutoring have shown significant academic growth. Because we have received an extension that allows remaining funds to continue to be used, this program will continue through at least the end of the current school year.”
The program’s website lays out that it consists of “Six-week tutoring blocks with 60 minute sessions up to four days per week.” The students will also complete pre-and post-tutoring testing to determine their needs and gauge advancement during each tutoring block.
Due to Federal rules in the extension of COVID relief (ESSER) funds, the program is no longer available at public schools but can still be accessed by students in need through private providers and the Arizona Department of Education.
According to the Department, the Achievement Tutoring Program provides tutoring for K-12 students in reading, writing, and mathematics and since its inception, has instructed 30,400 students over a seven session period. Enrollment grew from November 2023 with 4,200 students to over 6,800 students, and the current session is accepting new enrollments through October.
The release noted that in terms of academic achievement, the students enrolled “experienced at least a half-year’s worth of academic growth in six weeks, which is excellent progress in a short period of time.”
Several parents participating in the program with their children sent testimonials to the Arizona Deparment of Education, and Horne highlighted five:
- Colleen, wrote to say, “I am incredibly grateful for the services and support provided by the program. I am confident that all three of my children will have increased confidence and improved report cards in the fall.”
- Heather wrote, “As a single mom raising six young men, I could never afford to get tutoring like this to help them get caught up and build the confidence they need to have in life.”
- From Jennifer, “The Achievement Tutoring program has helped tremendously to fill in the gaps in (my child’s) learning loss… He has improved immensely!”
- Alexandra said, “My son has grown so much in reading… He finally has the confidence in reading that he has lacked for so long! I was so proud I actually cried.”
- Catherine wrote, “My daughter had been struggling, but is now much more confident in her math skills… I truly hope the ATP program will continue, as it’s changing lives and helping so many. Especially some of us with limited financial resources.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
