The Maricopa County Superior Court declined to weigh in on whether Republican House candidate Michael Way is qualified to run, instead opting to dismiss the complaint.
Way is running in Legislative District 15.
In the Friday ruling, the court declared that the challenge to Way’s candidacy was inadmissible because it was filed after the statutory deadline and, more significantly, the authority to determine qualified candidates resides with the Arizona legislature.
“Because the duties of judging elections of members of the State Legislature and determining the qualification of those who are elected to be legislators are expressly delegated to the Arizona legislature, dismissal of the complaint is warranted,” stated the court. “If Way is elected, it will be up to the Arizona legislature to judge his qualifications.”
Deborah Kirkland, a resident of the district, challenged Way’s candidacy on allegations that he hasn’t been a resident of the state for at least three years. In one part of the lawsuit, Kirkland alleged that Way indicated to district voters that he’d moved to Arizona from North Carolina in the past year.
Kirkland’s lawsuit alleged that Way was still registered to vote in North Carolina, per the North Carolina State Board of Elections. Additionally, those election records indicated that Way voted in person in North Carolina’s 2022 general election as well as the 2021 municipal election for the town of Wake Forest.
Her lawsuit further questioned the validity of Way’s claim of residing in or even owning his declared Arizona property, noting that the property was owned by another individual with the same last name. Their lawsuit further alleged that Way didn’t sell his North Carolina property until January 2024.
The Maricopa County Superior Court declined to address the merits of Kirkland’s claims regarding Way’s eligibility for election to the legislature, and also declined to issue an advisory opinion as requested. The court also declined Way’s request for an award of attorney’s fees.
In a press release, the Arizona GOP celebrated the court’s dismissal and dismissed the lawsuit claims as “baseless attacks from Democrats and their allies.” Party Chair Gina Swoboda defended Way as an invaluable advocate of GOP values.
“Michael has proven time and time again that he is a dedicated advocate for our shared values,” said Swoboda. “We are thrilled that the court has upheld his qualifications, and we look forward to his continued leadership in the fight to keep Arizona red.”
Earlier this month, Republican State Representative David Cook asked Attorney General Kris Mayes in a letter to investigate Way’s residency and his claim of having resided in Arizona for at least six years prior to this election, which he made when he signed his nomination paper.
Cook’s letter also echoed allegations of illegal voting made by Kirkland, claiming that Way had voted not only in the North Carolina but also the Arizona primary election in 2022. Cook alleged that Way’s wife did the same.
“A number of politicians beat the drums regarding election integrity frequently,” said Cook. “This seems to be the poster child for laws ensuring election integrity — we cannot have individuals simply picking and choosing which state they want to vote in depending on the election. Election integrity cannot be a partisan issue, which is why I am coming forward with this complaint.”
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The Tucson City Council is looking to implement a new transaction privilege tax to pay for a number of social projects.
The transaction privilege tax would be temporary (10 years) and amount to one-half cent (.5 percent). The city projected the tax would generate $80 million annually, or $800 million total.
With the council’s approval during their upcoming regular meeting on Wednesday, the transaction privilege tax under the “Safe and Vibrant Tucson” ballot measure would come before voters in a special election next March. The election wouldn’t be in person, but rather a vote-by-mail election.
The city projected the cost of conducting this special, mail-only election wouldn’t exceed $1.1 million.
The ballot measure was intended to take place last month; however, the city’s intent had the potential of breaking state law requiring local sales tax proposal elections to appear only on November ballots in even-numbered years. Following a request to review the issue by Democratic Senator Rosanna Gabaldon, Attorney General Kris Mayes issued a legal opinion in March defending the city’s desire to hold a tax-related ballot measure on their own terms rather than those permitted by law.
Even with Mayes’ blessing, city leadership opted to forfeit the July date for their special election, instead pushing it back to March of 2025.
Disbursements of the tax revenue would first prioritize capital investment for first responders (30 percent), enhanced emergency response (22 percent), affordable housing and shelter (17 percent), neighborhood and community resilience (16 percent), and then technology investments (12 percent).
Capital investments for first responders (30 percent) would include funding for: more police and fire personal protective equipment; specialized fire apparatus such as fire trucks, fire engines, fire pumpers, ambulances, and support trucks; unmarked police vehicles and speciality units used by SWAT teams; and upgrades and modernization for fire stations, police substations, and major equipment.
Enhanced emergency response (22 percent) would include funding for increased staffing for police, fire departments, 911, and 311. Police staffing funds would specifically include employment of more commissioned officers, community service officers (CSOs), and professional staff investigators (PSIs).
Affordable housing and shelter (17 percent) would include funding for: Tucson’s Housing First program; increased access to emergency shelters and transitional housing; down payment assistance to qualifying residents; a new Mobile Court function and investments in other specialty courts; progressive addiction treatments like harm reduction; physical investments in public, rental, and private houses such as long-term maintenance, weatherization, and climate resilience; large-scale housing projects; development impact fees for qualifying affordable housing projects; and moving current rental properties into the market for local home ownership.
Neighborhood and community resilience (16 percent) would include funding for: Pima Early Education Program Scholarships; youth workforce development programs; expanding the Community Safety, Health, and Wellness programs to teens; opening up VIVA locations; deploying Community Service Officer resources; beautification programs such as Team Up to Clean Up and Somos Uno Master Plan; cleaning up public transit; and expanding workforce training programs.
Technology investments (12 percent) would include funding for: improving 911 and 311 call systems; modernizing air support functions within Community Safety Awareness and Response Center by adding a fixed-wing aircraft, replacing the aging helicopter fleet, and advancing the use of unmanned aircraft; and accessing and managing all video and data collected by police body-worn cameras.
The proposed ballot measure’s primary focus on funding police and public safety was a reflection of results from over 800 respondents to a community budget survey the city issued earlier this year.
In its agenda materials, the city did note that the ballot measure excluded funding for road infrastructure.
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Secretary of State Adrian Fontes argued in a new brief for an ongoing court case that duplicate signatures shouldn’t be cause for Proposition 140 to be removed from the ballot. Challengers to the proposition say they found around 40,000 duplicate signatures.
Prop 140, the Make Elections Fair Act, proposes open primaries (called “jungle” primaries by opponents) which remove the partisan segregation defining Arizona elections, as well as the implementation of ranked-choice voting.
Fontes is one of the listed “team members” for Save Democracy, the nonprofit entity supporting the political action committee pushing the measure, Make Elections Fair Arizona.
Save Democracy’s president, Sarah Smallhouse, also serves as treasurer of the Make Elections Fair Committee. Fontes also conducted a webinar sponsored by Save Democracy in which he advocated for open primaries.
In the brief issued on Friday for the case Smith v. Fontes, Fontes argued that the proposition should be considered valid since the ballots had already gone to print with the contested proposition included. Otherwise, the secretary argued, the court would be denying Arizonans their right to “free and equal” elections.
“Once the ballots have gone to print, it is in the hands of Arizona’s voters,” said Fontes. “The person contesting an issue (or candidate) can make a case to the voters, but the Courts cannot usurp the voters’ decision once it goes to them.”
Fontes proposed that those challengers to the validity of Prop 140’s gathered signatures should seek recourse through future elections.
“After investing their time educating themselves about this ballot measure, it would be wrong for the Arizona electorate later to be told their vote will not be counted,” said Fontes. “Given the far-reaching implications of this Court potentially enjoining the canvass, the Secretary requests this Court to reconsider its previous ruling and affirm the principle that once the ballots have gone to print, any challenge must end.”
The Arizona Free Enterprise Club (AFEC) sued to stop the Make Elections Fair Act after reportedly discovering over half of the proposition’s gathered signatures were gathered in violation of state law.
🚨 Second lawsuit filed!!
If the unconstitutionality of the the radical Make Elections Fair Initiative wasn’t bad enough, it turns out after a thorough review of their petitions, that over half of their signatures have been collected in violation of state law! https://t.co/mUMNXsOub7pic.twitter.com/ztrwbIIFaw
— Arizona Free Enterprise Club (@azfec) July 27, 2024
The Arizona Supreme Court sided with AFEC’s challenge last month, ruling that the lawsuit should continue in order to determine whether the tens of thousands of challenged signatures were valid (around 40,000), even though ballots began to be printed on the same day it handed down its decision.
The state supreme court ordered that an injunction be issued preventing the counting of any votes on the proposition should it be discovered that the proposition lack the required number of signatures.
AFEC reported discovering that, of the 40,000 duplicates, around 250 individuals had signed their name five or more times. One individual reportedly signed 15 times.
AFEC has argued that the mass amount of duplicate signatures indicated that Fontes shouldn’t have approved the proposition for inclusion on the ballot in the first place.
With 40,000 duplicate signatures, it's clear that #Prop140 should’ve never been on the ballot in the first place because the people of Arizona don’t want to follow in California’s footsteps with jungle primaries or ranked choice voting.https://t.co/RXH6xGdcMG
Two Republicans from southern Arizona are key for their party’s continued control of the state legislature.
State Representatives Cory McGarr and Rachel Jones are running for re-election to Arizona Legislative District 17. Both Republicans entered office in January 2023, having won their elections in the November 2022 General Election. The two incumbents were challenged in the 2024 Republican primary by Anna Orth, who failed to finish in the top two positions of the contest. McGarr received 24,583 votes; Jones obtained 19,005 votes, and Orth had 16,073 votes.
McGarr serves as the Vice-Chairman of the House Regulatory Affairs Committee and as a member of both the Military Affairs & Public Safety Committee and the Natural Resources, Energy & Water Committee. Jones serves as the Vice-Chairman of the House Military Affairs & Public Safety Committee and of the Education, Government, and Municipal Oversight & Elections Committees.
On his website, McGarr appeals to potential voters to return him to the state House, writing, “I promised to be a conservative fighter for Arizona families and not special interests. In Phoenix, that’s what I’ve done and I’m running again to continue my promise to never back down when needed the most. My bottom line is this… We need representatives in the State House who will stand for our values. Someone who has and still will support Arizona families. A real fighter who will defend our children and never back down.”
He asserts his belief that “government’s number one purpose is to protect the rights and freedoms of the individual,” highlighting that he is 100% pro-family, religious liberty, and pro-life.
On her campaign website, Jones writes, “As your state Rep I have always fought for our God Given Rights: Back the Blue, Gun Rights, Election Integrity, [and] Medical Freedom. I’m fighting to RESTORE ARIZONA VALUES. And the first step in that fight starts in the home. By strengthening Arizona families, we can RESTORE OUR VALUES and build a stronger Arizona.”
In her bio, Jones, reveals that she “spent her career as a business executive at the 3rd largest UPS facility in the country. Her time in business formed a strong, calculated, and passionate leader, who now hopes to continue utilizing her experience to identify problems, execute solutions, and deliver results in the State House in Phoenix. Having children refined Rachel’s beliefs on the importance of the family in communities.”
Jones adds that she “decided to put her business life aside, and focus on her family, and the families of all Arizonans. This led her to become a teacher, fostering the next generation of Americans. But her business background could not be hidden, so she eventually became the Director of the preschool.”
Reflecting back on her first term in office, Jones said, “During session I fought for states’ rights regarding law enforcement (no DOJ overstep) and vaccine mandates. I believe in funding state and local law enforcement, so that they’re able to help our Border Patrol Agents secure the border. I also believe in protecting children in the foster care system, especially since my three adopted children were adopted out of foster care. I believe in lower taxes and regulation. I also believe that the school counselors and social workers should not be indoctrinating our children in public schools.”
Both McGarr and Jones are strong border hawks, supporting legislation and policies that would help strengthen Arizona’s border with Mexico and empower law enforcement to better protect the innocent men, women, and children in their communities. Earlier this year, both lawmakers voted for HB 2748, which would have “establishe[d] penalties and enforcement against illegal border crossings.”
After the vote, Jones released a statement on her “X” account, saying, “Arizonans will come out in droves to vote for elected officials who are listening to them on the #1 issue of concern, THE BORDER CRISIS. To my colleagues on the left, the people don’t believe your gaslighting and rhetoric anymore. Americans want to feel safe in their own country.”
Arizonans will come out in droves to vote for elected officials who are listening to them on the #1 issue of concern, THE BORDER CRISIS. To my colleagues on the left, the people don’t believe your gaslighting and rhetoric anymore. Americans want to feel safe in their own country. https://t.co/3gQiXdIz3Y
The two southern Arizona Republicans were also instrumental in turning the tables against President Biden, when his left-wing allies attempted to remove former President Donald J. Trump from the ballot in the State of Colorado. After the Colorado State Supreme Court decided to remove Trump from the state’s ballot in 2024, McGarr announced an effort in conjunction with other states “to remove [Biden] from the ballot.”
Biden is leading an insurrection on the border. Time to remove him from the ballot. pic.twitter.com/DS4ATDkAe5
A joint statement from the national coalition of legislators, including McGarr, stated, “Democrats’ insane justification to remove Trump can just as easily be applied to Joe Biden for his ‘insurrection’ at the southern border and his alleged corrupt family business dealings with China. Colorado radicals just changed the game and we are not going to sit quietly while they destroy our Republic.”
Jones cheered on the announcement from her colleague.
More recently, McGarr and Jones supported a legislative effort to refer a border security measure to the ballot in this November’s General Election – HCR 2060, voting for the bill when it was considered by their chamber. The proposal, if passed by voters in the fall, would empower local law enforcement to better secure their communities from the increasing calamities from the border crisis. A recent poll from Noble Predictive Insights showed that sixty-three percent of Arizona respondents support the measure, giving it a pretty good chance to pass in the fall.
According to the Arizona Independent Redistricting Commission, Legislative District 17 has an 8.34% vote spread between Republicans and Democrats in the last nine state elections. In those nine elections, Republicans have won all nine contests.
McGarr and Jones will face off in the November General Election against Democrat Kevin Volk.
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It appears there won’t be a debate for the Phoenix mayoral race.
Matt Evans, the Republican challenger to incumbent Democratic Mayor Kate Gallego, announced on Tuesday that neither Gallego or her campaign had ever responded about scheduling a debate.
The revelation whipped the Maricopa GOP base into a frenzy. The Maricopa County Republican Committee (MCRC) pointed out that Gallego had frequently engaged in debates for her successful 2018 run.
“[Gallego] participated in Debates to get where she is now. This time around, now that someone else is on the ballot, is she—representing 1 person—going to discriminate against the approx 770k registered to vote & 1.7M constituents of #PHX?” asked MCRC.
1/2 DEBATES FOR ME, BUT NOT THEE?@KateWGallego participated in Debates to get where she is now. This time around, now that someone else is on the ballot, is she—representing 1 person—going to discriminate against the approx 770k registered to vote & 1.7M constituents of #PHX? https://t.co/5o2MCJJaVypic.twitter.com/R1ETvcwNvE
— Maricopa County Republican Committee | MCRC (@MaricopaGOP) September 5, 2024
The party compared Gallego’s distancing from debates to a similar avoidance by Kamala Harris and, before her, Joe Biden. The comparison also expanded to both Harris’s and Gallego’s websites lacking any platforms or specific policy positions.
Gallego’s Republican challenger, Evans, includes several policy positions on his website, namely concerning homelessness. Evans, a Phoenix native and Arizona State University graduate, is an IT professional and married father of three.
Evans made an unsuccessful bid for the District 2 seat on the Phoenix City Council in 2022; he came in third out of the three candidates, gaining 17 percent of the vote compared to opponent Heli Nielson (30 percent) and the victor Jim Waring (53 percent).
According to the city of Phoenix’s latest reporting period, Gallego’s reelection campaign has raised over $1.3 million. Her highest donors this campaign in this year all gave $6,650 individually: EMILY’s List; International Association of Sheet Metal, Air, Rail, and Transportation Workers PAC; International Brotherhood of Electrical Workers PAC; Kathryn Lincoln; Jessica Raymond; Mark Breen; Walter Cichon; Sundae Breen; William Levine; James Pederson; Roberta Pederson; James Gordon; Norma Kafer; Georgia Michaelson; Mike Michelson; Jerry Simms; Jonn Graham; Jamie Hormel; and Susan Guzman.
Others also gave the same high amount — $6,650 — last year for her campaign: Simer Mayo; Ernie Adair; Gary Holloway; Jerry Reindsdorf; Mark Becker; Bob Ramsey; Jacob Zonn; Jaime Scanlin; Jenny Norton; Heidi Jannenga; Andrew Cohn; Jonathan Keyser; Mel Martin; Roberta Koleas; Patricia Christofolo; Jason Morris; Cheryl Najafi; Kurt Mangum; Michael Pollack; and Rosellen Papp.
City campaign finance records reflect that Evans has raised over $3,400. It is also noted that he has a negative balance of nearly $1,000 due to excess disbursements.
Evans’s top donor, Cassius Carter, has given $1,000.
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