Arizona’s roughly 7,000 precinct committeemen positions will be filled by election this year after all, following a judge’s ruling on Tuesday that part of a recently passed emergency law is unconstitutional.
John Napper of the Yavapai County Superior Court struck down Section 4 of House Bill 2839 which had been introduced, voted on, and signed into law all on March 3 with the unintended consequence of making the political parties’ precinct committeemen (PCs) an appointed instead of elected position for the 2020 election cycle.
Under HB2839, PCs would be appointed by each county’s board of supervisors based on a list of interested candidates put forth by each county’s political party chairs.
Napper’s order of judgment came on the heels of an admission by the State of Arizona that the AZGOP and Yavapai County Republican Party plaintiffs who filed the lawsuit on March 15 were correct that Section 4 represented an unconstitutional special law, as it operated to abolish a single class of elections for a single year.
The lawsuit against the State of Arizona and the Yavapai County Election Department described Section 4 as “a poorly worded provision” which “differed radically” from the other three sections. The provision unlawfully suppressed the rights of PC candidates to stand for election while also suppressed the rights of voters to elect their PCs, the plaintiffs argued.
HB2839 also provided for the appointment of only one PC per precinct, even though there is supposed to be one PC for every 125 persons in each precinct. Instead, the emergency law would have left each precinct with only one PC regardless of the precinct’s population.
The lawsuit noted that the mistaken passage of HB2839 with Section 4 gave the Yavapai County Republican Committee the sole authority to select its PCs, authority which the group “neither wants, needs, nor considers to be legitimate or democratic.”
The State’s response, however, did not concede to any of the four other claims put forth in the lawsuit.
“The Court does not reach the issues of whether Sec. 4 of HB 2839 (2022) violates other portions of the Arizona Constitution, or the issue of legislative intent, because the Court finds that Sec. 4 of HB 2839 (2022) is unconstitutional on other grounds,” Napper wrote.
The judge specifically noted that Section 4 “is severable” from the rest of the legislation, so that his ruling will not affect the other election-related changes included in the bill.
The Arizona State Board of Education (SBE) will have a bunch of new faces at its next meeting following Monday’s announcement by Gov. Doug Ducey of seven new members.
Created within the Arizona Constitution, the mission of the 11 member board is to develop successful citizens through robust public education. The SBE oversees the public school system by establishing policies, setting courses of study, and gathering data on pupil performance.
The new members chosen by the governor are:
Jason Catanese, analgebra and geometry teacher at Pueblo Del Sol Elementary School in the Isaac School District who is a former national teacher of the year for Teach For America. He is also chairman, co-founder, and executive director of the Camp Catanese Foundation.
Jenny Clark, the founder and CEO of the non-profitLove Your School which helps families navigate school options, whether in a district, charter, private, online, homeschool, microschool, or learning pod setting.
Jacqui Clay, the electedCochise County superintendent of schools who has worked as a teacher, assistant principal, and director of career technical education.. She also spent 25 years serving in the U. S. Army.
Dr. Scott Hagerman, superintendent of the Tanque Verde School District and Continental Elementary School District. His experience includes past positions with Tucson Unified School District, along with work as a principal and classroom teacher.
Katherine Haley, whose nearly 20 years of experience in public policy and philanthropy has involved expanding educational opportunities by building coalitions to advance federal policies which improve school choice and strengthen students’ workforce readiness.
Julia Meyerson, the founder and executive director of Vista College Prep charter schools in Maricopa County. A Phoenix native, Meyerson joined Teach For America after college and served as an educator in Brooklyn, New York.
Karla Phillips-Krivickas, the founder and CEO ofThink Inclusion who has more than 20 years of experience in state and federal policy. She uses her experience to advise education leaders on sound policy and best practices to advance academic achievement for students, including those with disabilities.
The outgoing members are Janice Mak and Calvin Baker, whose terms had expired back in January 2020; Lucas Narducci, Michelle Kaye, and Patricia Welborn, whose terms ran only to January 2021; and Jill Broussard and Armando Ruiz, whose terms expired in January 2022.
“Arizona is grateful to the outgoing members for their service and commitment to students’ success, and for their steady hand in guiding our educational institutions during the pandemic,” Ducey said with the announcement. “Our new board members have big shoes to fill, but I am confident that with their new energy, fresh ideas and diverse backgrounds, we will be able to continue strengthening education for our students.”
The new SBE members will join Christine Burton (January 2023) and Dr. Robert Robbins (January 2024) and as well as Kathy Hoffman who is a member due to her position as the state’s elected Superintendent of Public Instruction. Also carrying over for now is Dr. Daniel Coor as the community college representative, whose term expired in January 2021.
Ducey’s announcement included two community members for the Arizona Board of Regents, which is the governing body for the state’s three public universities: Arizona State University, Northern Arizona University and the University of Arizona.
One of the new Regents is Gregg Brewster, a senior sales executive of Brewster HealthCare Consulting who has expertise in health care, supply chain management and transportation. According to the governor’s office, Brewster is a member of the AORN Foundation Board of Directors, as well as an active participant on the Arizona State University Alumni Board.
The other new Regent is Doug Goodyear, CEO and a founding partner of DCI Group, a public affairs firm with offices in Arizona and Washington, D.C. The company has grown into of the country’s largest independently-owned public affairs firms. Goodyear has been active in the Phoenix chapter of the Young Presidents’ Organization.
The outgoing Regents are William Ridenour and Ronald Shoopman.
It started in January when several supporters withdrew support of Hobbs’ run to be the Democratic nominee for governor following her comments about a jury’s verdict in a racial and gender discrimination lawsuit by a former staffer.
Then in her role as Arizona Secretary of State, Hobbs was shot down by a superior court judge when she tried to sidestep possible consequences for her planned shut down of the E-Qual system at a time when legislative and congressional candidates were relying on the system to get on the ballot.
Next, Hobbs was called out by Arizona Attorney General Mark Brnovich for her failure to draft an Elections Procedures Manual (EPM) which complies with state law. Without an approved EPM, elections officials across the state are unsure what protocols to follow for the 2022 election cycle.
Earlier this month, Hobbs the candidate has come under scrutiny for the recent announcement that women of color have been appointed as her campaign manager, political director, and Finance Director. Only two of the three live in Arizona, leading to questions of why Hobbs turned to out-of-staters for key campaign roles.
The latest embarrassment came last week when the Secretary, a Democrat, was thrashed by the attorney for several Democratic Party organizations after she argued that the Arizona Supreme Court should listen to her—and her alone—in defense against an effort by the Arizona Republican Party to have voting by mail declared unconstitutional.
According to Hobbs, the justices should reject a motion to intervene filed by the Arizona Democratic Party, the Democratic National Committee, the Democratic Senatorial Campaign Committee, and the Democratic Congressional Campaign Committee. It is those same voters and party leaders that Hobbs will need to get out of the gubernatorial primary in August.
The Democratic groups argue they should have standing to “protect their voters, their candidates, and their interests” as respondents in the case. The AZGOP did not object to the motion, but Hobbs has cried foul against her fellow Democrats, alleging that she is capable of adequately representing those interests.
However, Hobbs has argued that the Arizona Supreme Court has no power to even hear the constitutional challenge. The Democratic intervenors, on the other hand, agree with the AZGOP that the Court “can and should exercise its power” to adjudicate the case.
Gov. Doug Ducey had a productive Friday, signing 19 bills that will take effect later this year, including legislation which makes adoption hearings more accessible and ensures more thorough vetting of those working at nursing homes.
One of the bills signed by Ducey is Senate Bill 1242 which made it to the governor’s office with strong bipartisan support to enhance background checks for those working at and managing by nursing care and assisted living facilities. The bill, sponsored by Sen. Tyler Pace, also prohibits licensure of individuals who have a felony conviction involving acts of violence or financial fraud.
“Our nursing homes and assisted living facilities deserve accountability and leadership from their supervisors,” Ducey said Friday. “SB 1242 accomplishes this. Our seniors – grandmothers, grandfathers and family members – deserve nothing less to ensure their safety, happiness and health.”
Another provision of Pace’s bill requires the Arizona Board of Nursing Care Institution Administrators and Assisted Living Facility Managers (NCIA) to work with the Arizona Department of Health Services to establish an expedited process for identifying and referring complaints between the agencies.
Five of the 19 bills signed by Ducey on Friday were sponsored by Sen. TJ Shope. They cover a variety of issues, including liens, healthcare directives, tribal college enrollment, postsecondary education, and one which reduces the time period that a nonprofit organization must be in continuous existence prior to conducting a raffle down from five years to one year.
Sen. Nancy Barto sponsored four of the signed bills, including Senate Bill 1069 which allows adoptive families to invite members of the public to adoption hearings. Under current law, only persons with a “direct interest” in an adoption case could gain access to such hearings.
Municipalities will gain new authority when one of the 19 bills goes into effect 90 days after the current legislative session ends. That authority is courtesy of Senate Bill 1275, one of three bills signed by Ducey which were sponsored by Sen. J.D. Mesnard.
SB1275 allows local governments to reduce noise disturbances by limiting fireworks between 11 p.m. and 8 a.m., except for New Year’s Eve and Independence Day. On those two national holidays, the setting off of fireworks could be banned after 1 a.m.
In a rare split, nine Republican Senators voted Wednesday against a bill sponsored by a member of their own caucus, with one senator calling on Gov. Doug Ducey to veto the bill if it hits his desk.
Voters approved the one-half cent sales tax for transportation funding back in the early 1980s and again in 2004 as Proposition 400. It is set to expire at the end of 2025 unless voters approve an extension that will general billions over the course of the proposed new extension.
To understand the money at play, the Joint Legislative Budget Committee projects the current Maricopa County transportation tax will generate in $754 million in annual revenue in 2025 alone.
Senate Bill 1356 was introduced in January by Sen. Tyler Pace as the vehicle to get the choice in front of voters. It contains an emergency clause, so if signed into law by Gov. Doug Ducey then the extension option will appear on the 2020 General Election ballot.
Voters in Maricopa County would then have a chance to say aye or nay to another extension. They will also have a good idea for how the tax revenue would be spent during the next two decades thanks to a draft spending plan from the Maricopa Association of Government.
But it appears the rush to get the matter on the ballot this year was more of an objection to those senators voting against the bill than the extension itself.
For Sen. Michelle Ugenti-Rita, putting the matter before voters in 2022 does not make sense considering the sales tax extension can go on the 2024 ballot.
“We have some members that are requesting that we suspend the 18 cents gas tax,” she said in explaining her no vote. “We’re sending mixed messages. There’s no reason we need to do it now. We can do this in 2024.”
Ugenti-Rita pointed out that Republicans have been touting tax cuts the last several years and are now asking voters in Maricopa County to approve a tax increase that cannot be undone for 25 years.
“Coming up on an election, this is the worst thing Republicans can do, is mandate a historic tax increase be placed on the ballot,” she added while calling on Ducey to veto the bill if it gets that far.
Joining Ugenti-Rita in voting against SB1356 were Senators Nancy Barto, Sonny Borrelli, David Gowan, Vince Leach, JD Mesnard, Warren Petersen, Wendy Rogers, and Kelly Townsend.
For Mesnard, the inclusion of funding for “intolerable” light rail projects was the primary reason for his no vote even though he applauded Pace for the effort put into the legislation.
“The thing that I have just wrestled over is when I look now down 25 yeas in the future, what is transportation going to look like?” Mesnard said on the floor. “And so I have been uncomfortable with the idea that we would spend what I think is hundreds of millions, billions of dollars, on light rail.”
SB1356 also makes several changes to the distribution of the tax revenues, while modifying the budgeting process for the Maricopa Association of Governments which will have to create a Transportation Tax Plan. And it increases the tax period from 20 to 25 years.
Gowan explained his no vote is also tied to the inclusion of so much money for light rail projects, saying he thought the money would be better spent on the construction of freeways and maintenance of existing highways and streets.
“I think it is a better fit for those dollars that we would get for light rail to actually go into the roads…the highways that we all travel,” Gowan said Wednesday. “I do believe, no pun intended, it’s a bridge too far to go with the light rail. And that is why you see me voting no today, Madame President.”
SB1359 still passed out of the Senate on a 21 to 9 vote, securing the two-thirds votes required of an emergency clause. It has been transmitted to the House where its passage is not assured due to the two-thirds requirement of the 60 representatives.
