by Staff Reporter | Aug 3, 2024 | News
By Staff Reporter |
Around two weeks after its initial ruling allowing Arizona to require proof of citizenship for voter registrations, the Ninth Circuit Court of Appeals reversed a ruling from its motions panel.
That means that state voter registration forms may be accepted without proof of citizenship, as they have been since the LULAC Consent Decree went into effect over eight years ago.
The LULAC Consent Decree was the end result of a lawsuit against Arizona’s requirements of documentary proof of citizenship (DPOC). Under the consent decree, Arizona agreed to accept state voter registration forms without DPOC and register them as federal-only voters. Once a court approves a consent decree, it carries the same weight and enforcement of a final judgment.
The Supreme Court ruled in 2013 that the National Voting Rights Act (NVRA) prohibits Arizona from requiring DPOC of voters registering with the federal voter registration form.
In the 2-1 ruling for Mi Familia Vota v. Fontes, the court determined that the motions panel overlooked specific considerations pertaining to election cases and “misunderstood the extent of confusion and chaos” such a change to election rules that the contested legislation, ARS 16-121.01(C), had brought.
The court stated that the state legislature’s new enactment of a DPOC requirement for state forms was an “upset [to] the status quo” because it altered voter registration rules shortly before the primary election last month, and well into the registration timeline for the upcoming election.
“The motions panel overlooked this fundamental principle of judicial restraint, resulting in manifest injustice to voters and election officials alike,” said the court.
The Ninth Circuit also wrote that the DPOC requirement caused elections officials to choose between violating the state law, a class 6 felony, or violating the consent decree provisions within the Election Procedures Manual, a class 2 misdemeanor. The court characterized this as a “manifest injustice” carried out by the motions panel.
“Elections officials are now subject to conflicting criminal penalties, orders, and policies. Identically situated voter registration applicants are treated differently depending on the voter registration application form they picked up,” said the court. “All Arizonans must now navigate an arcane web of shifting and confusing rules that will without a doubt dissuade some who are otherwise eligible and willing from exercising the fundamental right to vote.”
The court wrote that nothing would change the outcome of their ruling, unless the LULAC Consent Decree was modified or set aside.
“Intervenors-Defendants-Appellants offer no authority to suggest that a state legislature may nullify a final judgment entered by an Article III court which Intervenors-Defendants-Appellants have not sought to set aside, modify, or otherwise terminate,” stated the court.
The court also rejected the argument that striking DPOC would cause irreparable harm to either the Republican National Committee or lawmakers supportive of the DPOC requirement.
“[T]he RNC has not at any point explained why the use of the State Form to register applicants without accompanying DPOC to vote in federal elections, when identically situated applicants may register for at least federal elections without accompanying DPOC through the Federal Form even with a stay in place, inflicts an irreparable ‘competitive injury’ on the RNC,” said the court.
Counsel defending DPOC for state voter registration forms informed AZ Free News that they intend to file an emergency petition with the Supreme Court at some point within the next week.
The one judge to dissent from the Ninth Circuit Court ruling, Judge Patrick Bumatay, noted that his court had exercised an “irregular and strongly disfavored” power by reconsidering the motion panel’s order, usually reserved for actions by colleagues that amount to “a manifest injustice.” Bumatay disagreed. He said that the lawmakers and other Intervenor-Appellants have proved likelihood of success on the merits, irreparable harm, balance of interests, and public interest.
“With the political nature of this case, we should be especially careful to avoid the use of unconventional or disfavored procedures,” said Butamay.
Butamay contended that the LULAC Consent Decree wasn’t binding on the Arizona legislature. He said that such a perception of permanent judicial power over lawmakers presented separation-of-powers concerns. Further, Butamay argued that the NVRA doesn’t preempt the DPOC requirement, and that the state would face irreparable harm by having its statutory authority enjoined.
Further, Bumatay noted that the significance of this reverse ruling had nothing to do with merit of the claims, but the random assignment of the reconsideration.
“All the public can take away from this episode is that four judges of the Ninth Circuit have voted to partially stay the injunction here, while two other judges voted against it,” said Butamay. “The two judges prevail — not because of any special insight, but because of the luck of an internal Ninth Circuit draw.”
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Aug 2, 2024 | News
By Staff Reporter |
Maricopa County’s Republican voters declined to reelect Stephen Richer for recorder, instead electing his opponent, State Representative Justin Heap.
Richer lost despite having a well-funded and diverse network of bipartisan support, as well as a unique platform with the media after Heap was mistakenly denied the chance to participate in a televised debate.
In an X post, Richer said that he accepted the results and would “move on.” Richer pledged to carry out his duties in his remaining months in office, while making claims about the successes of his administration: improved voter rolls and flawless mail voting.
“[O]ne of my friends said the Maricopa County Recorder’s Office is basically like teaching Defense Against the Dark Arts. It’s cursed. So best wishes to my successor!” said Richer.
In his victory statement doubled as a campaign donation pull, Heap said that he would “end the laughingstock elections” of Maricopa County perpetuated under Richer.
Richer himself was also bipartisan with his voting choices. Earlier this summer, the recorder announced he would vote to reelect Democratic President Joe Biden rather than former President Donald Trump.
In the months leading up to that announcement, Richer hinted at his apparent party ambivalency.
Last year, Richer dismissed the importance of certain social issues that make up a major portion of the GOP platform: transgender activism, woke corporations, and critical race theory, among them.
The recorder’s ousting marks a close to a controversial and heated tenure kicked off by the 2020 election and similar contentions renewed in the 2022 election.
To Richer, contentions with the 2020 election were largely unfounded. Richer strongly opposed the election audit.
The 2022 election, the first under Richer’s watch, experienced significant failures of election machines leading up to and on election day. The issues prompted an investigation by then-outgoing Attorney General Mark Brnovich.
Richer used the attention from the election machine failures to fundraise for his reelection campaign.
Richer also doubled the number of vote centers, a point of contention for GOP voters due to beliefs that vote centers allow for easier ballot harvesting.
In 2022, Richer worked with the Biden administration on plans for speech moderation. Richer suggested that the government hold “bootcamps” for media outlets to improve election reporting.
Later that year, Richer deleted a tweet celebrating his prevention of a certain media outlet from having access to the county as part of a newly created press pass system. A federal court later ruled that Richer’s press pass denial was violative of the First Amendment. Richer later deleted his celebratory tweet.
Shortly after rolling out the press pass restrictions, the county launched a disinformation center.
Richer has also defended the much-maligned mail-in ballots as less problematic than in-person voting, as well as unmanned drop boxes.
Earlier this year, we reported on Richer tasking staff with compiling articles and online content pertaining to his personal defamation lawsuit against Kari Lake for her claims of the 2022 election, which marked her defeat against now-Governor Katie Hobbs.
Richer was also involved with the Republican Accountability Project, a Democratic dark money group that spent millions to ensure the defeat of 2022 gubernatorial candidate Kari Lake.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Aug 2, 2024 | Education, News
By Staff Reporter |
Arizona Democrats are hoping to gain a majority in the state legislature, in part, by picking up a seat that tends to favor Republican candidates.
John McLean is running for the state Senate in Arizona Legislative District 17. The district covers Pima County, north of Tucson, including Marana and Catalina.
Earlier this year, The Washington Post wrote a piece, entitled, “Forget the presidential race. Statehouses are where it’s at.” In that article, the reporters, Theodoric Meyer and Leigh Ann Caldwell, opined that “Democrats are trying to flip the state House and Senate in Arizona after Democrat Katie Hobbs won the governorship in 2022, giving the party control of state government.”
They added, “There are few places where the fights for control of Washington and state legislatures align more than in Tucson’s northern suburbs….Democratic Senator Mark Kelly and Hobbs carried the 17th District when they won in 2022, and Democrats are making it a top target this year. The party needs to flip only two seats in the state House and two in the Senate to win a trifecta (as it’s called when one party controls the governorship and the legislature).”
Kevin Volk, who is running alongside McLean for a seat in the state House of Representatives, told The Washington Post, “Arizona politically seems like the belle of the ball for the first time. And that’s translated to a lot of on-the-ground enthusiasm.”
McLean, a third-generation Arizonan shared on March 29 that he filed 1,369 nominating petition signatures to qualify for the ballot. He wrote, “To the army of volunteers who made this happen, I thank you. This campaign has only just begun!”
On his website, McLean lists endorsements from many left-leaning organizations, including Climate Cabinet, National Organization for Women Arizona PAC, Arizona Education Association, Sierra Club, Save Our Schools Arizona, and the Jane Fonda Climate PAC.
Last month, McLean also boasted about his endorsement from the Human Rights Campaign PAC.
For candidates without a legislative or governing record for voters to research, these endorsements often provide an insightful window into how they might handle their potential roles as legislators or who they may be beholden to in office. For example, organizations like the Arizona Education Association and Save Our Schools Arizona are staunch opponents of the state’s school choice and educational freedom opportunities, including the historic Empowerment Scholarship Account program, which was expanded just a couple years ago. One of McLean’s top issues on his campaign website is “Quality Education For All,” yet he only refers to public schools in his subsequent explanation.
Additionally, McLean’s endorsements from National Organization for Women Arizona PAC and Human Rights Campaign PAC raise concerns about how he would vote in matters of life and family issues. For decades, Arizona has been one of the top states in protecting life and family values, which have come under assault from countless individuals and groups, including the two aforementioned organizations. Support from those two seem to indicate that McLean would be a reliable vote for their issues should he be entrusted with the levers of authority from Legislative District 17 voters in November’s General Election.
McLean lists “Reproductive Rights” – or abortion – on his website as another top issue, framing the argument as “Government should not interfere with anyone’s personal health care decisions which should remain between her and her doctor.”
Arizona Legislative District 17 is a Republican-leaning seat with an 8.3% vote spread between Republicans and Democrats in the past nine statewide elections, according to the Arizona Independent Redistricting Commission. Out of those nine elections, all nine contests have ended up in the Republicans’ column.
McLean ran unopposed in the Democrat primary on July 30. He obtained 23,312 votes, according to unofficial totals from the Arizona Secretary of State as of Wednesday afternoon. He will likely face off against Vince Leach, who was ahead of incumbent Justine Wadsack in the Republican primary by 943 votes as of Wednesday afternoon.
After emerging from the primary, McLean posted, “Thank you Legislative District 17 for choosing me as your Democratic nominee for state senate. Together, we’ll secure our water future, strengthen our school system, and build a stable economy. 98 days until Election Day. Let’s do this!”
Leach told AZ Free News that, “John McLean is going to have to defend the actions of the Democrat party both at the state level and the national level. He owns the damage to the state of Arizona by Governor Katie Hobbs, and also the radical policies that President Joe Biden and Vice President Kamala Harris are inflicting on our country. If voters elect McLean to office, that will help the Democrats take over the state legislature, which means that taxes will increase, school choice will disappear, and commonsense election laws will be reversed. There is a clear divide between me and John on abortion, economic policy, border security, election integrity, and many other issues. I look forward to making this case to our district from now until the General Election.”
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Aug 1, 2024 | Economy, News
By Staff Reporter |
A small business champion could be on his way back to the Arizona Legislature for the upcoming session.
Former State Representative Jeff Weninger is running for the same position in the November General Election for Arizona Legislative District 13. He previously served in the Arizona House of Representatives from 2015 to 2023.
Legislative District 13 covers parts of Chandler, Gilbert, and Sun Lakes.
After a brief hiatus from public service, Weninger decided that it was time for him to return to the legislature. He announced his candidacy for state House on July 27, 2023, in an email to supporters. In that email, Weninger wrote, “Over the last year I moved my son to college, helped my daughter start high school, dedicated more time to my small business, and continued to invest in our community. Personally, things are going really well. Unfortunately not every Arizonan feels the same way. Inflation and prices are climbing, energy costs are higher than ever, and parents are struggling with decisions on the best educational environment for their kids.”
Weninger added, “When I served in the Legislature, I fought to lower your taxes, keep our cost of living affordable, support our first responders, and make Arizona one of the most business-friendly states in the country. I’m excited to announce that I’m running for State Representative in the new Legislative District 13 to bring those same values and principles to the Capitol.”
Business organizations around the state know Weninger and trust his expertise and record in office as evidenced by the support he’s received for his campaign during this go-around. Earlier this summer, the Arizona PAC for the National Federation of Independent Businesses endorsed Weninger’s bid for election.
Back in 2022, Weninger was awarded with the organization’s Guardian of Small Business recognition. Chad Heinrich, the Arizona state director for NFIB AZ, said, “Representative Weninger is one of few small-business owners who dedicate the time needed away from his business to also serve effectively in the State Legislature. In 2022, he sponsored a key reform to the business personal property tax that will unleash untold amounts of business investment in Arizona through the simplification and reduction of this burdensome tax. He’s built a solid reputation in the State Legislature as being on the cutting edge of technology and has worked effectively to keep Arizona’s policies attractive to industry and innovators.”
The Greater Phoenix Chamber PAC also endorsed Weninger. Chamber PAC Chair John Moody stated, “It is absolutely critical we support and help elect lawmakers who understand the issues impacting the success of businesses and who will work collaboratively to advance and protect policies supporting our Arizona businesses. This will allow for a prosperous economy in the Greater Phoenix region and throughout the state of Arizona.”
In June, the Arizona Chamber of Commerce & Industry endorsed Weninger as well. President and CEO Danny Seiden said, “The Chamber is proud to endorse a bipartisan slate of candidates who will be strong champions for job-creating policies that will drive economic growth and further advance Arizona’s competitive position on the global stage.”
It’s not just business organizations that have lined up behind Weninger. The Arizona Troopers Association endorsed him back in June. According to the group, Weninger (and other officials and candidates) were selected “based on their support of Arizona law enforcement and the men and women of the Department of Public Safety.”
On the flip side, Secular AZ, a left-wing organization, gave Weninger a zero percent legislative score for the 2022 session – his last in the Arizona House of Representatives. Out of 22 votes scored by the group, Weninger voted the “wrong” way all 22 times. This organization, per its website, “represent[s] the Arizona nontheistic community – a vibrant and growing community of Arizonans who self-identify as atheists, agnostics, humanists, freethinkers, ‘nones,’ and other labels of personal choosing.”
Arizona Legislative District 13 is one of the most competitive in the state, so Weninger will have his work cut out for him in the General Election. According to the Arizona Independent Redistricting Commission, the district has a 1.6% vote spread over the past nine statewide elections. Out of those races, Republicans have won five times, compared to four for Democrats in the district.
Weninger is running alongside fellow Republican Julie Willoughby for the two House seats up for grabs in Legislative District 13. Both candidates were unchallenged in the primary. In unofficial results reported as of Wednesday morning, Weninger had received 16,631 votes, and Willoughby had garnered 15,931 votes.
The two Republicans will face off against Democrats Nicholas Gonzales and Brandy Reese, who were also unchallenged in their primary. Reese had received 11,901 votes, and Gonzales had obtained 11,576 votes. Shante Saulsberry previously withdrew from the race. Additionally, Cody Hannah is a Green Party candidate for State Representative.
Currently, the district is represented by Willoughby and Democrat Jennifer Pawlik in the state House. J.D. Mesnard, a Republican, represents the district in the state Senate.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Staff Reporter | Jul 31, 2024 | Education, News
By Staff Reporter |
The state’s Democratic leaders, Governor Katie Hobbs and Attorney General Kris Mayes, have been taking aggressive action to undo school choice in Arizona, even as the Auditor General has exposed another public school district for poor finances.
Earlier this month, Mayes launched an investigation into the usage of school choice funds to purchase supplementary materials. Mayes also submitted a letter to the Department of Education ordering parents to submit a curriculum for all requests for supplemental materials.
Meanwhile, over 40 school districts were determined to not be in compliance with audit reporting requirements for the 2023 fiscal year. The latest public school district to be reported on by the auditor general, Baboquivari Unified School District (BUSD), not only spent nearly $500,000 on out-of-state travel for trainings and conferences found to be “unnecessary and potentially wasteful” in under two years — it spent over $8,400 for its board to hold board meetings and retreats out of town at a casino.
The BUSD Board traveled to Desert Diamond Casino in Tucson — over 115 miles round trip — where they addressed agenda items that the auditor general determined weren’t preclusive to public attendance. The board held three special meetings and five weekend board retreats at this casino.
The auditor general noted that these meetings were potentially in violation of the state’s open meeting laws.
In its response to the audit, BUSD said that if it were to have meetings out of town again, such as in a casino, it would ensure the public could watch via livestream or other methods.
The auditor general also noted that BUSD potentially violated the state constitution’s gift clause requirement with its $500,000 travel expenses. The report cited a specific instance of several thousand spent on an individual involved with overseeing education on behalf of the tribal government, not employed by the district, to travel and attend an educator training course in Georgia: an expense the district couldn’t show it approved in advance.
A majority of the objectionable travel expenses, over $340,000, occurred when BUSD sent staff to an out-of-state professional development conference. That mass expense included the attendance of a “substantial” number of non-educators — including a custodian, IT staff, business office staff, and Board members — and a repeat trip for seven staff members.
The auditor general found that if BUSD had excluded non-educators from the conference, the district would have nearly halved its costs. Further, if BUSD had chosen to only send a handful of “key employees” capable of training the other staff members, the district could have saved 97 percent of its costs. What’s more, the conference had a virtual training option, which would have eliminated the large expense of travel costs to the district entirely.
During the audit, BUSD indicated to the auditor general that they wanted to send nearly all of its staff to the conference to “energize and motivate teachers and staff” in order to improve student attendance and achievement.
In the last reporting year (2022-23), BUSD had “significantly lower” student achievement than its peer districts and the statewide average. Only two percent of students passed state assessments in math (compared to 27 percent), six percent in English (compared to 33 percent), and three percent in science (compared to 23 percent).
In its response to the auditor general, BUSD said that its business office was aware and had questioned the excessive travel and training costs, but the superintendent at the time had dismissed their concerns.
According to the auditor general, there were other, more critical needs in which the district could have instead applied that excessive spending.
“[T]ravel expenditures did not always comply with State requirements and may not have provided intended benefits,” read the report. “In addition to travel costs exceeding State travel policies and spending limits, the District could have saved at least $389,000 that it could have used for other District priorities, such as increasing teacher pay, by limiting the number of District staff and Board members attending conferences.”
BUSD was found to have ignored spending limits for lodging, overpaid staff and Board members for meals, failed to document its record of payments to staff members for travel expenses, and failed to ensure preapproval of travel expenditures.
The excessive spending resulted in BUSD spending over double per student on administration than its peer districts on average. The auditor general also found BUSD had operated schools below capacity, which also contributed to the higher spending.
Since BUSD failed to maintain transportation records, per the report, the auditor general was unable to have a complete scope of review of the district’s school bus and fleet vehicle maintenance, inspection, and mileage documentation and procedures.
BUSD didn’t have documentation to support that it performed the required school bus preventive maintenance. The district also didn’t maintain the required records for fleet vehicles, nor could it show that it safeguarded and monitored fleet vehicles to prevent unauthorized use, theft, or damage.
Finally, the auditor general found that BUSD failed to comply with requirements to protect students and safeguard public monies and sensitive computerized data. BUSD lacked internal controls for conflicts of interest, payroll, and credit cards. This resulted in an increased risk for unauthorized purchases and fraud with public monies. BUSD also assigned too much access to its accounting system and failed to secure its IT equipment.
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