Tucson voters delivered a resounding defeat to Mayor Regina Romero and her support of Proposition 412.
On Tuesday, results were released for the special election, showing Prop 412 receiving 28,084 (44.7%) votes in favor versus 34,712 (55.3%) votes in opposition. Voter turnout for the City of Tucson’s contest hovered around 21.69%.
Prop 412 would have granted “a franchise to Tucson Electric Power (TEP) Company for the purpose of providing electric transmission and distribution services within the City of Tucson for which the City of Tucson will receive a franchise fee and other consideration.” The “other consideration” would have come, in part, in the form of a “Community Resilience Fee” to fund Tucson’s Climate Action and Adaptation Plan, which was an effort to achieve “carbon neutrality for City operations by 2030.”
Mayor Romero, who had been one of the strongest proponents of Prop 412, released a statement after the results confirmed the worst: “TEP and the City put together a franchise agreement that tried to be responsive to the different needs our community was asking for, like undergrounding, investing in climate resiliency and creating EV infrastructure in public rights of way. I respect the voters’ decision not to approve.”
STATEMENT FROM TUCSON MAYOR REGINA ROMERO ON PROP 412 ELECTION RESULT:
"TEP and the City put together a franchise agreement that tried to be responsive to the different needs our community was asking for…
Arizona Corporation Commissioner Kevin Thompson, one of Arizona’s few Republican statewide officeholders at the moment, reacted to the news from southern Arizona, telling AZ Free News, “Tucson voters rightfully demonstrated they understood the ramifications of mixing political pet projects under the guise of essential utility contract service requirements. This is a good outcome for ratepayers and a step towards returning these important decisions to the Corporation Commission where they belong.”
Merissa Hamilton, a grassroots leader in Arizona, tweeted her analysis of the Tucson election result, writing, “This vote is significant because it was the Public’s chance to make their voice heard on Romero’s tyrannical climate action agenda.”
This vote is significant because it was the Public's chance to make their voice heard on Romero's tyrannical climate action agendahttps://t.co/o0cpLxODRH
— Merissa Hamilton 🗳 ⛽ 🗽🔥 (@merissahamilton) May 17, 2023
One of the main issues that caused contention over this proposal was the insertion of the community resilience fee of 0.75% of all applicable revenues of TEP – in addition to the 2.25% Franchise Fee. This new fee would have been collected and disbursed for “funding costs associated with the underground installation of new TEP Facilities or conversion to underground of existing TEP facilities currently installed overhead; and projects that support the City’s implementation of the City’s approved Climate Action and Adaptation Plan.” This fee picked up opposition from both sides of the political aisle.
The Pima County Republican Party had fiercely lobbied against Prop 412 and cheered on its defeat. In a Facebook post, the Party stated, “WE DID IT!! Thank you to our LD’s and our incredible volunteers. CONGRATULATIONS to every volunteer and every candidate who helped us fight this Marxist proposal.”
The community resilience charge hasn’t been the only fee that TEP is attempting to pass along to its Southern Arizona consumers. Earlier last year, TEP submitted an application to the Arizona Corporation Commission (ACC), proposing a rate increase of 11.8% to take effect no later than September 1, 2023. TEP informed the Commission that “the new rates are intended to result in an increase in retail revenues of approximately $136 million.” According to reports, TEP customers’ bills would increase more than $14 each month should the ACC sign off on the request.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Gov. Katie Hobbs doesn’t appear to be in support of President Joe Biden seeking re-election anymore.
In a Friday interview with CBS News host Major Garrett on “The Takeout,” Hobbs shied away from answering directly whether she supported the president’s aspirations for a second term.
“How excited are you about a Biden re-election campaign?” asked Garrett.
Hobbs laughed in response initially before adding: “As the newly-elected governor of Arizona, I’m very focused on Arizona. And that’s — I haven’t weighed in on the presidential election yet.”
Biden formally announced his re-election campaign last month.
Hobbs’ hesitancy to stump for Biden represents a complete reversal of her attitude back in January, a little less than a month into her administration. Four months ago, Hobbs expressed excitement at the prospect of re-electing Biden.
“Congrats to the newly elected @azdemparty board – I look forward to partnering with them and @a_dlcc over the next 2 years to win back our US House & Senate seats, deliver our electoral votes for Pres. Biden again, and flip the legislature blue,” said Hobbs. “Time to get to work.”
Congrats to the newly elected @azdemparty board – I look forward to partnering with them and @a_dlcc over the next 2 years to win back our US House & Senate seats, deliver our electoral votes for Pres. Biden again, and flip the legislature blue.
Also in January, Hobbs praised Biden for visiting the border.
“I am encouraged by the White House’s recent actions to finally visit the border and to start proposing real steps to begin addressing the problems of the current system,” said Hobbs. “And while optimistic, I will also continue to push Congress to do its job and pass comprehensive immigration reform.”
Hobbs then listed off several initiatives launched under Biden that she says she’s grateful for, such as the CHIPS Act and Inflation Reduction Act. The governor didn’t linger too long on the subject of Biden’s re-election campaign.
Hobbs appeared to flip back and forth on her perspective of Biden. She said that Biden was delivering positive results for Americans. She also claimed that he had better stamina than she does.
“Biden and Harris are an administration and right now they’re delivering for the people of America,” said Hobbs.
Yet, the governor also indicated that the Biden administration’s handling of the economy was causing the country to head into a recession. She said she sides with average Americans’ sense of the economy over purported experts.
“I think that the economists are more optimistic than folks on the ground,” said Hobbs. “A recession is more likely than the economists are projecting.”
Concerning a potential adversary for Biden, Hobbs said that current polling she’s witnessed has placed former President Donald Trump ahead of rumored challenger, Florida Gov. Ron DeSantis.
Hobbs also answered on several other topics, including her Republican gubernatorial opponent Kari Lake and her controversial veto of a bill allowing homemade food sales (mainly impacting tamales and other street vendor foods).
Concerning the homelessness crisis, Hobbs said that California Gov. Gavin Newsom’s more recent requirement that cities submit their homeless mitigation plans to him for approval was the role model for handling homelessness.
“I think Governor Newsom’s done great things around homelessness, and certainly there are some pages we can take out of his playbook,” said Hobbs.
According to a US News analysis of the Annual Homelessness Assessment Report, Arizona has two out of the top 25 cities for largest homeless populations in the country. California has eight, with Los Angeles holding the number-one spot for the most homeless in the nation.
Tucson was listed as having the 25th-largest homeless population, with just over 2,200 homeless individuals reflecting a 68 percent increase from 2020 to last year. Phoenix had the seventh-largest homeless population of just over 9,000, with a 22 percent increase from 2020 to last year.
On the water crisis, Hobbs said that cotton and alfalfa growers should expect “difficult conversations” around the future of their business.
“If you’re a farmer that grows alfalfa, do you want to be told you can’t keep growing that? No,” said Hobbs.
Garrett pointed out that 60 percent of farmers today are Native American, and that they had thousands of years of their ancestral history rooted in agriculture. Hobbs said she wasn’t aware of that fact. However, the governor said that the Native American communities could adjust.
“I think that our Native American communities are some of the most adaptable anywhere, and I think they could shift their agriculture if they needed to,” said Hobbs.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Another election integrity bill has cleared the Arizona Legislature and is awaiting final action from Democrat Governor Katie Hobbs.
On Monday, HB 2560, sponsored by Speaker Ben Toma, passed out of the Arizona House of Representatives with a party-line 31-27 vote (with one Democrat not voting and one vacant seat). The proposal “directs the County Recorder to transmit to the Secretary of State to post on a secure website: a list of all registered voters before an election, a list of all persons who voted in the election, the unaltered images of ballots used to tabulate election results and the cast vote record in a sortable format.” The Senate then substituted SB 1324 with the House version Monday, giving the legislation the green light, 19-9 (with two Democrats not voting).
Earlier in the session, the bill had been approved by the House Municipal Oversight and Elections Committee along partisan lines (6-4).
The bill had previously garnered the support of Democrat Secretary of State Adrian Fontes and Republican Maricopa County Recorder Stephen Richer. On April 7, as he was about to mark his 100th day in office, Fontes’ office released a statement on the legislative proposal, writing: “Additionally, Secretary Fontes has been a strong proponent of SB 1324, a bipartisan piece of legislation concerning ballot imaging sponsored by former Secretary of State and current State Senator, Ken Bennett. An identical bill was introduced in the House as HB 2560. The bill, which is similar to legislation passed in other states such as Colorado, would allow people to compare ballot images to a cast vote record and would help restore confidence for some voters in our elections.”
Richer had issued a statement earlier in the year on February 13, saying, “Elections work when there is openness and transparency. SB 1324 does that by creating a system where each county recorder can inform voters before and after every election about who is eligible to vote while protecting voter confidentiality. All three – the list of eligible voters, the list of who voted, and the cast vote record – will be available to anyone who wants them. SB 1324 and Speaker Ben Toma’s legislation, HB 2560, contain similar language and will further strengthen our elections by enshrining the kind of transparency that can build public trust in our elections.”
After the bill received the go-ahead from the Senate on Monday, Senator Wendy Rogers tweeted, “Great effort to restore accountability in our elections.”
Legislation to increase Americans’ First Amendment rights at Arizona colleges and universities appears to be obtaining more bipartisan appeal as it moves towards the Governor’s Office.
On Monday, the Arizona House of Representatives passed SB 1013, which deals with free speech zones on state universities and colleges. The proposal, sponsored by Senator John Kavanaugh, “allows a person to engage in expressive activity in any area on a public university or community college campus where they are lawfully present, and modifies the state aid amounts from a community college district that exceeds its expenditure limitation in FY’s 2024 and 2025.” SB 1013 passed 57-1 (with one Democrat not voting and one seat vacant).
Kavanaugh’s bill first passed the Arizona Senate on February 28 with a 16-14 vote along party lines – after clearing the Education Committee with a 5-2 tally. When the legislation was transmitted to the House, it was assigned to the Education Committee as well, where it received a unanimous 8-0 approval (with two Democrats voting ‘present’).
The bill was amended twice – once in the Senate and another time in the House. The first amendment came from Senator Kavanaugh, specifying “that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.” The House amendment, sponsored by Representative David Livingston, set “penalties for a community college district that exceeds its expenditure limitation;” and also limited “the maximum penalty that can be withheld from a provisional community college district established before December 31, 2015, located in a county with a population less than 300,000, which exceeds its expenditure limitation.”
Days after his bill passed the Arizona Senate, Kavanaugh recorded a video to explain his reasoning for introducing the legislation, saying, “If you’re on a college campus, and you have a legal right to be where you’re at – and you’re not blocking people and you’re not disrupting anything, then you can do and say whatever you want that’s legal. We’re going to restore the First Amendment to our universities. It’s long overdue.”
Since the House amended the Senate’s version of SB 1013, the Senate will have to concur with the changes in the coming weeks. On Tuesday, the bill was sent back to the Senate to await further action.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Abe Hamadeh argued for a new trial on Tuesday before the Mohave County Superior Court.
The judge, Lee Jantzen, seemed interested in sampling the evidence presented by Hamadeh’s team in the case, Boyd v. Mayes, despite multiple objections from opposition. Arguments presented by the opposition — the attorney general, secretary of state, and Maricopa and Pima counties — mainly focused on the amount of time that’s transpired since the election and Hamadeh’s December trial. Arguments presented by Hamadeh’s team focused on evidence of allegedly disenfranchised voters, claiming that hundreds of “lost” (uncounted) votes from undervotes and provisional ballots proved that Hamadeh won the race.
Lawyers present for the oral arguments included former assistant attorney general Jen Wright, State Rep. Alex Kolodin (R-LD03), and James Sabalos for Hamadeh; Alexis Danneman and Paul Eckstein for Attorney General Kris Mayes; Craig Morgan for Secretary of State Adrian Fontes; Daniel Jurkowitz for Pima County; and Joseph La Rue for Maricopa County.
Sabalos opened up the oral arguments, quoting Thomas Jefferson and summarizing general discoveries in the course of their months-long review of voter data as a precursor to Wright’s arguments.
“We do not have a government by the majority; we have a government by the majority who vote,” quoted Sabalos.
Sabalos insisted their case wasn’t about fraud, but about the evidence and facts supporting the reality of Hamadeh as the winner of last November’s election contest. He claimed that Gov. Katie Hobbs, in her former capacity as secretary of state, was aware of and neglected to immediately publicize 63 Pinal County undervotes that lent to Hamadeh’s claims last December of lost votes.
Sabalos said this intentional concealment of facts served to handicap their team’s due diligence of reviewing election data for the courts. Sabalos further claimed that there were 76,339 votes counted as undervotes in the attorney general’s contest. Of the approximately 2,000 ballots they inspected, 14 were misread (.61 percent). With that percentage applied to the larger total of undervotes statewide, Sabalos said that amounted to 466 or more votes — more than the 288-vote lead Mayes holds over Hamadeh.
Sabalos then claimed that there were uncounted provisional ballots that constituted legal votes, and that the majority of those would’ve turned in favor of Hamadeh.
“We don’t come today with hyperbole or speculation. We come with some reasonably solid evidence, and we need a heck of a lot more for this judge and this court to get its hands around,” said Sabalos.
Wright followed up Sabalos’ arguments by first focusing on Hobbs. She said that Hobbs didn’t fulfill her duty of being a neutral, nominal party, since Hobbs argued heavily that Hamadeh had no evidence to support his claims, while allegedly knowing of the dozens of undervotes recovered during the recount, and pushed for his case to be dismissed. Wright further noted that Maricopa County Elections Director Scott Jarrett admitted during the December trial that he wasn’t sure why certain votes weren’t counted, and instead counted as undervotes.
Wright expanded on Sabalos’ claim of the 63 undervotes, noting that they were counted as valid during the recount. Wright asserted that Hobbs knew of this fact, which she said rendered Hamadeh’s claims during the December trial valid. Wright also dismissed Hobbs’ claim that she was under an order preventing her from disclosing the undervotes, since the order only applied to counties discussing the recount results from vote totals. Wright claimed that the judge would’ve permitted Hamadeh a review of the evidence had Hobbs been forthright all those months ago.
“I find it questionable that a government agent would take support of or opposition to a candidate in an election contest,” said Wright.
Wright further noted that Hamadeh was unable to obtain the provisional ballot data from Maricopa County until days after the trial occurred, further hindering his ability to meet statutory deadlines.
When Wright attempted to discuss the evidentiary numbers on undervotes, both Mayes and Fontes’ legal teams raised objections. The judge overruled their objections, however.
Wright claimed that their team interviewed hundreds of high-propensity voters affected by statewide computer system changes, which allegedly altered their registration address without their consent and therefore deprived them of the right to vote. She claimed that over 1,100 Election Day provisional voters were disenfranchised.
Election Day votes went overwhelmingly for Hamadeh: over 69 percent to nearly 29 percent for Mayes. Wright said that this would mean about 760 of provisional ballots would be for Hamadeh, and 316 for Mayes. By Wright’s math, Hamadeh would prevail on the provisional ballot issue alone by 165 votes.
Wright further noted that their team had collected sworn affidavits of hundreds of voters claiming disenfranchisement due to bureaucratic failures. When she attempted to read the account of one allegedly disenfranchised voter, Mayes’ team raised an objection. The judge promptly overruled.
The allegedly disenfranchised Maricopa County voter, Marlena, attempted to vote on Election Day but was denied. Marlena had reportedly experienced issues with the county’s registration system for months: earlier that year, she discovered that her registration had changed without her knowledge and consent. Wright presented evidence that on October 10, 2022, Marlena attempted to correct her voter registration before the deadline. Wright also presented evidence from Maricopa County confirming Marlena’s registration. Yet, she was denied on Election Day.
Danneman, Mayes’ lawyer, said Hamadeh’s claims were speculative and based on unsworn opinions. She emphasized repeatedly the timeliness of his contest, noting that it has been over five months since the December trial and that their team could only present an argument that they needed more time to look for votes.
Danneman further rejected the argument that Hamadeh should be granted a new trial to undertake further investigation. She said that evidence must be material, in existence at the time of trial, and not be discovered with reasonable diligence.
She added that Hamadeh’s request for a more complete ballot inspection proved there wasn’t any newly-discovered evidence warranting a new trial.
The provisional voters list didn’t hold much weight in Danneman’s view. She claimed Hamadeh was undertaking a “fishing expedition” for evidence, which she pointed out was prohibited by court precedent.
“This list of names proves nothing,” said Danneman. “The plaintiffs had their day in court.”
Morgan, with Fontes, added that it was “long past time” for this election contest to end. He said that Hamadeh’s challenge impugns the validity of election processes as well as the integrity of election officials.
La Rue with Maricopa County concurred. Jurkowitz with Pima County argued further that statute time bars any further contest.
Following the hearing, Hamadeh expressed optimism that the oral arguments ultimately were in his favor.
As the border crisis continues to worsen after the end of Title 42, Arizona House Republicans are crying out for action and assistance.
Last week, Arizona House Republicans used the Title 42 news from the border to highlight the need for more federal and state efforts to enforce the nation’s laws and defend innocent American families and communities. The House Republican Majority issued a statement demanding that “federal leaders end the border crisis and protect states.” Then five Representatives sent a letter to Democrat Governor Katie Hobbs, “urging her to take immediate action and activate all available state resources to keep communities safe from the dangerous and unprecedented threats presented by an unsecure southern border.”
In the statement to the federal government, the House Majority leaders shared what Arizona had enacted to secure the border over the past three fiscal years:
🚨FOR IMMEDIATE RELEASE🚨
Arizona House Republicans Demand Federal Leaders End Border Crisis, Protect States
"With each passing day, illegal immigration grows, more deadly fentanyl pours through our borders, more young girls are pushed into border-related sex trafficking, and… pic.twitter.com/Ysk2Tq4UJk
— Arizona House Republicans (@AZHouseGOP) May 11, 2023
“In 2021, House Republicans passed a Border Security Fund, which was used to help prevent human trafficking and illegal entry into the country, to solidify infrastructure, aid local prosecution efforts, and other necessary activities to protect Arizona citizens.
Last year we put over $500 million into the fund and allocated over $209 million for a variety of state and local border enforcement activities. About $240 million remains in the fund, which the state can use to counteract the federal government’s negligence on the border and the harm it has in our communities.
In the new state budget passed this week, we included:
– Maintaining a $30 million program that provides additional support to local law enforcement facing border-related crimes. (Border Drug and Interdiction Fund; Local Border Support – formerly known as the Border Strike Force)
– Adding $10 million to human trafficking prevention efforts.
– Adding $3 million for additional fentanyl prosecution efforts.”
In the letter to Governor Hobbs, the state representatives (Gail Griffin, Tim Dunn, Lupe Diaz, Michael Carbone, and Michele Peña) referenced former Arizona Attorney General Mark Brnovich’s legal opinion on “the federal government’s failure to uphold its duty to defend the States from invasion;” and a May 2022 Arizona House Legislative Proclamation, declaring that “an uncontrolled border is a security and humanitarian crisis,” and that “the smuggling of illegal drugs, weapons, and human beings poses a direct threat to our communities and innocent Americans.”
— Arizona House Republicans (@AZHouseGOP) May 12, 2023
The five lawmakers wrote that “the State of Emergency in Arizona’s border counties that former Governor Ducey declared on April 20, 2021, is still in effect and continues as long as these conditions exist. And over $240 million remains in the Border Security Fund, which the Legislature established to prevent illegal entry into the country, solidify infrastructure, and combat other harms at the border.” They requested the governor “take immediate action and activate all available state resources to keep our communities safe from these dangerous and unprecedented threats.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
