With Democrat Commissioner Anna Tovar absent, the Arizona Corporation Commission (ACC) voted 4-0 vote on Friday to direct its Office of General Counsel to launch an investigation into alleged legal and ethical violations by Tovar.
The vote was conducted during a Staff Open Meeting and addressed specific allegations of ACC Code of Ethics and Arizona Administrative Code violations.
At the start of the meeting, Chairman Jim O’Connor said he couldn’t “help but share that I’m disappointed in Commissioner Tovar,” for not “hav(ing) the courtesy to show up,” after she reportedly indicated she would do so. “It’s very, very disappointing,” he added.
The Commission then entered into Executive Session for approximately thirty minutes before returning to the public-facing meeting.
Upon returning to the public meeting O’Connor announced, “It is with a deeply troubled heart that I will now make a motion to authorize our Office of General Counsel to undertake an official inquiry to determine whether Commissioner Tovar and her office staff have violated our code of ethics as amended to include the code of conduct, the Arizona State statutes, and the Arizona Administrative Code regarding: interference in and disclosure of confidential personnel-related information and whether she or her staff have harassed public servants of the State of Arizona employed here at the commission.”
He then directed General Counsel Tom Van Flein: “With respect to two things: that that would go back to include, the examination, all the way back to last year with respect to J.P. Martin in terms of potential harassment there, to investigate that. To do that expeditiously and return to the commission in ten days with a recommendation.”
According to Juan ‘JP’ Martin’s LinkedIn profile, he served as Legislative Liaison & Public Information Officer to the ACC from January to December 2023 before leaving the commission to become Deputy Communications Director to Arizona Secretary of State Adrian Fontes.
Van Flein said in a statement that the ACC Office of General Counsel will begin the investigation immediately and complete the inquiry on behalf of the Commission within ten days. This would put completion of the probe on or about December 2nd or 3rd.
Tovar, formerly an Arizona State Senator and Senate Minority Leader, announced in February that she would not seek reelection. She is due to step down from the Commission in January 2025.
Announcing her decision in a post to X at the time, Tovar wrote, “The current Corporation Commission needs a shake-up to gain renewed focus on actually serving the people of our State and that’s why I will not be seeking a second term on the Commission. I look forward to doing all I can to support candidates who will bring new voices and perspectives to this vital work.”
Tovar is the only Democrat presently serving on the commission. Along with current Chairman Jim O’Connor, she will be replaced by newly elected Republican commissioners Rene Lopez and Rachel Walden in January.
Before serving on the commission and in the Senate, Tovar served as a member of the Arizona House and Mayor of Tolleson after working as an educator.
AZ Free News reached out to Commissioner Tovar requesting comment, however, she did not reply by the time of publishing this article.
A Chandler High School alum and co-captain of Utah State University women’s volleyball team, Kaylie Ray, has reportedly joined a lawsuit with others players from the University of Wyoming, San Jose State University (SJSU), the University of Nevada, and Boise State University.
The group is suing the Mountain West Conference (MWC) and its commissioner, claiming that the conference compelled them to compete with a biological male ‘transgender’ athlete, “stealth-edited its rules to stifle their free speech,” and violated the federal Title IX law.
According to Cowboy State Daily, the lawsuit comes after a San Jose University student, Blaire Fleming, was added to the team as an outside hitter. Fleming, a biological male, is now ranked as the top hitter on the team.
The outlet reported that four schools, in addition to the University of Wyoming, have canceled matches against the SJSU team after outcry from players and university community members expressing concerns over fairness and safety of the female players.
In the text of the lawsuit, the plaintiffs allege that the conference drafted a new rule “hastily,” to mark the cancellations as forfeited losses.
Attorneys for the plaintiffs wrote, “The burgeoning controversy, which Commissioner Nevarez apparently believed could lead women’s volleyball players and teams to exercise their constitutional rights to protest and boycott, caused the commissioner and her staff to hastily draft and post on the MWC website a policy designed to penalize First Amendment protests supporting the rights of women’s volleyball players in the MWC.”
They add, “This new MWC policy was clearly intended to chill and suppress the free speech rights of women athletes in the MWC.”
The players are represented by Attorney Bill Bock and the Independent Council on Women’s Sports (ICONS), who filed the suit in the U.S. District Court for Colorado. Bock told reporters in a statement, “The NCAA, Mountain West Conference, university presidents and college athletic directors around the country are failing women. Because the administrators don’t have the courage to do their jobs, we must ask the federal courts to do their jobs for them.”
Teammates of the ‘transgender’ player are also claiming SJSU defrauded them because they joined the school and the team without prior knowledge that they would be playing with, boarding at times, and competing for scholarships against a biological male. The plaintiffs also argue that their rights under the First 14th Amendments to the U.S. Constitution were violated, the right to bodily privacy, discrimination, retaliation, and viewpoint discrimination among others.
Fleming became the subject of national attention in October when he spiked the ball during a match, striking SDSU junior Keira Herron in the face with brutal force and knocking the player to the floor. “Keira Herron has some pink in her hair and her face is starting to look like she’s matching that as obviously she took the contact,” a broadcast announcer said in the now viral video.
In the complaint, a player named Brooke Slusser “estimates that Fleming’s spikes were traveling upward of 80 mph, which was faster than she had ever seen a woman hit a volleyball.” The complaint goes on to explain that, “The girls were doing everything they could to dodge Fleming’s spikes but still could not fully protect themselves.”
Male player from San Jose State @SanJoseStateVB, Blaire Fleming, leads his team to victory against Iowa @IowaVolleyball.
Look how high he jumps. Look at the speed of the ball.
Women’s sports activist and college swimmer Riley Gaines shared video of Fleming’s spike in a post to X, writing, “Male player from San Jose State @SanJoseStateVB, Blaire Fleming, leads his team to victory against Iowa @IowaVolleyball. Look how high he jumps. Look at the speed of the ball. Not only is this unfair, it’s dangerous.”
Cochise County approved the election results, despite their hand count audit failing to count nearly 60 percent of the required number of ballots.
The Cochise County Board of Supervisors accepted and certified their canvass during a brief special meeting on Wednesday.
The county’s election director, Marisol Renteria, presented the canvass alongside Joe Casey. Casey said that Secretary of State Adrian Fontes and Cochise County Attorney Brian McIntyre gave election officials permission to certify the election despite the incorrect hand count total.
“On November 19, it was brought to our attention that there was an incorrect calculation done on the number of hand counts for early voters but at this time we had contacted the secretary of state and county attorney’s office and we’re in agreement that we are ready to certify the election,” said Casey.
Casey noted that the discrepancies found within their undercounted hand count audit were within the “acceptable margin of error.” Indeed, Fontes’ office has marked the status of the county’s hand count as “completed,” having discrepancies “within the acceptable margin.”
None of the supervisors questioned or challenged the audit undercount, contributing to the brevity of the meeting at just seven minutes long.
My Herald Review first reported on the county’s failure to audit all the required ballots.
Hand count audits ensure the accuracy of the machine ballot counting.
The report from the county’s election director, Marisol Renteria, showed that the county audited only 200 ballots rather than the nearly 500 required. State law requires auditing one percent of the total number of cast early ballots. Cochise County based their one percent off of the initial batch of early ballots tabulated on Election Day, rather than the total number of early ballots cast.
Casey noted that the county experienced other issues during the election as well. This included vote center wait times reaching well over two hours, a bomb threat on Election Day at vote center two, and a power outage on November 13 lasting about five hours.
“We did deal with some challenges, some abnormalities and some incidents throughout the last few weeks,” said Casey.
Supervisor Peggy Judd — who made the motion to accept the results — thanked the elections staff, and added that they weren’t at fault for the election issues, including the recently-discovered audit undercount.
“No one can be blamed, it was just something that was going to happen. It would have happened to anyone. I’m glad it wasn’t me,” said Judd.
Judd and fellow supervisor Tom Crosby faced indictments for felony-level election interference and conspiracy over their delaying certification of the 2022 election results. Judd and Crosby maintained concerns over election equipment malfunctions that occurred and desired a complete audit of in-person election day ballots.
Last month, Judd pleaded guilty to election interference and entered into a plea deal for a misdemeanor, avoiding the felony punishments: 90 days’ minimum unsupervised probation and a $500 fine.
Supervisor Ann English commended the elections staff for finding solutions to the problems presented during the election. English remarked that this time around, the county had “an efficient, effective election.”
This election, the county had 82,200 registered voters, with a 72 percent voter turnout (almost 60,000 voters).
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
Thanksgiving dinner will cost less than it did last year, but it will still be harder on your wallet than before President Joe Biden took office.
Per the Farm Bureau’s annual analysis of Thanksgiving dinner staple costs, the price reduction of nearly five percent from last year is “moderate” and not near enough to undo the “dramatic increase” that occurred two years ago.
A Thanksgiving meal still costs 20 percent more than it did in 2019: about $58 for a feast for 10 this year. Last year, the same meal size cost about $61, and in 2022, it cost about $64.
This annual Thanksgiving dinner survey relies on shoppers across 50 states and Puerto Rico to survey their local grocery store’s prices for classic feast items: turkey, stuffing, sweet potatoes, dinner rolls, peas, cranberries, celery, carrots, pumpkin pie ingredients, whipping cream, and milk.
The “moderate” price reduction only occurred with some of these classic holiday foods — others rose in price. Costs were lower for turkey, sweet potatoes, peas, carrots and celery, pumpkin pie mix, pie crusts, and milk, but costs were higher for dinner rolls, cranberries, whipping cream, and stuffing.
The reason for prices of certain items going up while others have gone down has to do with the type of item. Increases occurred mainly in processed products due to nonfood inflation and labor shortages driving up costs for partners across the food supply chain. An exception occurred for fresh cranberries, but the 12 percent price increase is considered a stabilization of pricing after an 18 percent decline from 2022 to 2023. The Farm Bureau noted that, even with the price increase and adjusting for inflation, fresh cranberries have their lowest cost since 1987.
The average costs are as follows: $25.67 for a 16-pound turkey, $2.35 for 12 ounces of fresh cranberries, $2.93 for three pounds of sweet potatoes, 84 cents for half-pound of carrots and celery, $1.73 for 16 ounces of green peas, $3.40 for two nine-inch pie shells, $4.08 for 14 ounces of cube stuffing, $4.16 for one pack of dinner rolls, $4.15 for 30 ounces of pumpkin pie mix, $3.21 for one gallon of whole milk, and $1.81 for one-half pint of whipping cream.
The Farm Bureau also reported significant cost disparities based on region. Those in the Western states face at least 14 percent higher costs for a Thanksgiving dinner for 10, or $67. Comparatively, those in the Southern states have the lowest cost: $56 for a party of 10. The Northeastern states will have an average cost of $57, and the Midwestern states will have an average cost of nearly $59.
Those price disparities grow much more when adding less-traditional Thanksgiving favorites: ham, Russet potatoes, and green beans. Southerners, Northeasterners, and Midwesterners would only pay anywhere from $81 to $83 to add those favorites to their dinners. However, Westerners would have to pay over $93 for the same spread.
Farmers take the biggest brunt of inflation, experiencing lower and more volatile prices. The USDA projects that national net farm income will fall by $6.5 billion this year.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
An election reform plan to accelerate ballot processing and speed up official returns has been proposed by Maricopa County Supervisor Thomas Galvin. Galvin once defended Maricopa County’s botched elections but now asserts that procedural changes would make it possible for 95% of an election’s votes to be counted on election night.
My ideas outlined below can significantly speed up the process with nearly 95% of ballots tabulated by election night. I urge Governor Hobbs to work with the Arizona Legislature to make my “95/1 Plan” a top priority in 2025. Arizona voters & elections workers deserve this reform https://t.co/GFFhreXOV6
— Thomas Galvin: Maricopa County Supervisor (@ThomasGalvin) November 18, 2024
The Supervisor believes that although it took over eleven days for all Arizona voting precincts to report their unofficial results in the 2024 election, Arizona can avoid future criticism by enacting what he dubs his 95/1 plan.
In a statement to The Center Square Galvin said, “Although the tabulation of early ballots and election day ballots were done in accordance with state law and within the normal timeframe of previous elections, there is growing concern from the public about the time it takes for Arizona to tabulate ballots and call contested races.”
“Since election day, I’ve had productive conversations with Republican leaders at the Arizona Legislature who agree sensible and practical changes are needed to speed up processing while also protecting the integrity of the early voting system that most Arizonans utilize.”
Galvin’s proposal would advance the current cutoff date for early ballot drop off to early polling places. At present, the law sets the deadline as the Friday prior to an election. In addition to the moving the cutoff date, Galvin proposes to close the emergency voting windows on the Saturday and Monday before Election Day, but allows the use of in-person voting. He has also proposed the use of government buildings to host polling locations.
He added in the statement, “By moving up the cutoff date for early ballot drop offs, using government buildings to host polling sites, and eliminate emergency voting for the Saturday and Monday prior to the election while allowing folks to vote in person, we can significantly speed up the process and have nearly 95% of ballots tabulated by election night.”
Galvin concluded, “I urge the Arizona Legislature to make my ‘95/1 Plan’ a top priority in 2025 and look forward to working with county and state leaders on these important reforms.”
My ideas outlined below can significantly speed up the process with nearly 95% of ballots tabulated by election night. I urge Governor Hobbs to work with the Arizona Legislature to make my “95/1 Plan” a top priority in 2025. Arizona voters & elections workers deserve this reform https://t.co/GFFhreXOV6
— Thomas Galvin: Maricopa County Supervisor (@ThomasGalvin) November 18, 2024
In a post to X, Galvin directly called upon Arizona Governor Katie Hobbs to “work with the Arizona Legislature to make my “95/1 Plan” a top priority in 2025,” adding that “Arizona voters & elections workers deserve this reform.”
Pima County Supervisor Democrat Rex Scott expressed support for the proposal writing in a post, “I am grateful to my colleague @ThomasGalvin for putting these timely ideas forth. We may be from different parties and represent different counties, but we share the same concerns. When the new Legislature convenes in January, his proposals should be given serious consideration.”
Fellow Maricopa County Supervisor Mark Stewart also stood beside Galvin’s proposed reforms in a statement to X, “I stand with my colleague @ThomasGalvin in emphasizing the importance of efficient and transparent elections in Maricopa County. This is a standard we must meet, as anything less undermines public trust. I look forward to collaborating with my fellow supervisors @DebbieLesko, @KateMcGeeAZ , and Steve Gallardo, as well as our state legislators and governor, to advocate for legislation ensuring election results are finalized promptly after walk-up tallies are complete. Arizona can and should resolve election delays—our voters and the nation deserve a process that reflects both competence and integrity.”
When asked by KJZZ if she would support the proposal, Hobbs replied that she would veto any changes to the early voting deadline. “My line in the sand has been and will continue to be anything that makes it harder for Arizonans to vote is a no for me, and that includes the flexibility that we have with early voting.”
Galvin rejected the notion that moving the deadline would disenfranchise Arizona voters saying, “I think this would just have to be a shift in behavior among Arizona voters,” Galvin said. “But I think Arizona voters are very smart and will shift their behavior and react accordingly.”
Responding to concerns regarding emergency voting, Galvin said, “If you do want to vote in person before Election Day, you have to do it that weekend, but it has to be for emergency reasons and you have to sign a piece of paper attesting that you have an emergency,” he said. “It’s called emergency voting, so I just want to transition emergency voting to full in person.”
The idea to shift voting locations to government buildings proposed by Galvin actually mirrors a recommendation cited by KJZZ from Hobbs’ election task force in 2023. That recommendation led her to sign an executive order which authorized the use of state buildings for polling centers.
One of the Arizona Governor’s chief nemeses will be returning for duty in the upcoming legislative session.
Last week, it was reported that Senator Jake Hoffman would be reprising his role as the Chairman of the Arizona Senate Committee on Director Nominations (DINO).
“We’ve seen the tragic fallout from Katie Hobbs’ fake director scheme and its impacts on Arizonans in recent months, including the death of a child in DCS custody and a major $2 million fraudulent transfer of taxpayer dollars from DOH,” said Chairman Hoffman. “These heartbreaking or otherwise incredibly serious incidents could have been avoided had she followed the law and taken the Senate confirmation process seriously. When her illegal ploy didn’t work, she spent millions of dollars trying to flip control of the Legislature to get her radical nominees approved by Democrats and failed miserably. The committee invites Katie Hobbs to come to the table with sane, nonpartisan, qualified nominees, and we will approve them. What we won’t do is rubberstamp unqualified radicals.”
Arizona Senate President Warren Petersen told AZ Free News, “I formed the DINO committee to make sure nominations are competent and nonpartisan. In the past, we have seen Governor nominees get approved with very little vetting. With a thorough review of each nominee, we will assure that our citizens have the best directors possible.”
On February 2, 2023, Petersen announced the formation of the Senate Committee on Director Nominations, tasking this panel “with gathering information and evaluating qualifications on the governor’s executive appointments in order to recommend a course of action for the Senate to take on each individual.” The Senate President appointed five members to serve on the committee – three Republicans and two Democrats.
Over the next several months, the committee held multiple hearings for Hobbs’ nominees. Although Hobbs was upset that not every one of her nominees received a passing grade, Petersen reminded observers that the process chosen by the Senate had “approved 70 percent of her nominees,” adding that “we are not a rubber stamp.”
Treasurer Yee is correct. The Governor has appointed 13 Fake Directors. They are illegitimate and should not be recognized as credible.
The Senate process was working to confirm nominees. We approved 70 percent of her nominees. But we are not a rubber stamp. 1of2. https://t.co/BSWzIX4fmj
In September 2023, Hobbs sent a letter to Petersen, informing him that she would “withdraw all director nominations that remain pending before the Senate and pursue other lawful avenues of ensuring State government can continue to function for Arizonans.” The governor blamed Senate Republicans for not “fulfilling (their) statutory obligations in good faith.”
After receiving Hobbs’ correspondence, Petersen stated, “This move by the Executive Branch showcases another prime example of an elected official who believes they’re already above the law and will go to extreme measures to bypass the requirements of the law when they don’t get their way.” Petersen also warned of the consequences of Hobbs’ unprecedented actions, saying, “Without directors fulfilling these obligations, the legality of every decision made by these state agencies is dubious, and litigation against the state would surely prevail.”
It didn’t take long for Petersen’s warning to come to fruition. One day after his statement, Arizona State Treasurer Kimberly Yee held a Board of Investment Meeting and refused to recognize “employees from the Department of Administration or the Department of Insurance and Financial Institutions as legally participating members.”
The Arizona State Senate then filed a lawsuit in the Maricopa County Superior Court against Hobbs in December 2023 over her refusal “to nominate agency directors, bypassing the Senate’s advice and consent processes.” The lawsuit asked the Court to declare that the Governor has violated state law and to require her to nominate directors to any of the agencies missing Senate-confirmed heads.
Earlier this year, Maricopa County Superior Court Judge Scott A. Blaney issued a ruling in the lawsuit, concluding that the Governor “has improperly, unilaterally appointed de facto directors for these 13 agencies, [and] must comply with the procedures and deadlines in ARS 38-211 (B) & (C) for appointment of the agency directors.”
In his ruling, Judge Blaney wrote, “It is also not lost on the Court that the Executive Deputy Directors are the same individuals that the Governor previously nominated and forwarded to the Senate for review, but withdrew when she grew frustrated with the Senate…Under Arizona law, directors run the respective administrative agencies and are appointed to their important positions through a statutorily defined process. That process requires oversight by the legislative branch. Here the Governor willfully circumvented that statutory process and eliminated the Legislative branch from its oversight role.”
Judge Blaney also asserted that “if the Court were to agree that the Governor can side-step applicable statutes in this manner to arrive at her desired end state, it would render meaningless [all statutes governing this process].” The judge stated that “the Court therefore cannot arrive at any statutory interpretation that results in elimination of the Senate’s consent role from the statutory scheme.”
Blaney ended his ruling by expressing his desire for both the Governor’s Office and Senate Republicans to come together to resolve the matter between them. He wrote, “The Court will set a separate evidentiary hearing or oral argument for a date in late July or early August 2024. This will give these co-equal branches of government an opportunity to meet and confer in an attempt to reach a mutually agreeable resolution of this dispute.”
Both sides were able to reach an accord soon after the court decision. In August, Arizona Senate Republicans announced that “Governor Katie Hobbs admit[ted] she violated state law through her scheme to circumvent the Senate confirmation process for director nominations and has agreed to submit new candidates for consideration, as required by law.”
🚨FOR IMMEDIATE RELEASE: Katie Hobbs Admits to Violating State Law by Circumventing Senate Confirmation Process, Agrees to Nominate New Directors After Court Ruling
Many of those new nominees from the Governor’s Office are expected to be sent to the Arizona Senate at the start of the 57th Legislature in January, setting up potentially contentious battles over their qualifications with legislative Republicans.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
