by Staff Reporter | Oct 29, 2024 | News
By Staff Reporter |
Maricopa County says its current election plan is adequate to ensure everyone will have an opportunity to vote in this election, despite additional reports of long voting lines and wait times.
The county board of supervisors and recorder’s office issued their assurance through the Maricopa County Attorney’s Office (MCAO) last Friday in response to a Thursday letter from GOP congressional candidate Abraham Hamadeh and the Republican National Committee (RNC) requesting a new election plan.
Deputy County Attorney Joseph E. La Rue issued the response letter on behalf of MCAO. LaRue began his letter with a remark aimed at the author of the Hamadeh-RNC letter, Harmeet Dhillon, for submitting the letter to the Maricopa County Board of Supervisors and Maricopa County Recorder’s Office rather than MCAO.
“We do not know how they do things in California, where you are barred,” said La Rue. “But here in Arizona, it is an ethical violation for an attorney to communicate about the subject of her representation of her client with someone that the attorney knows is represented.”
As the Arizona Daily Independent reported, the Hamadeh-RNC letter claimed that it took voters longer on average to complete their ballots than the county predicted: an average of 15 minutes compared with the county’s 12-minute estimate, due to the ballot consisting of two pages.
La Rue responded that this comparison was “inaccurate” because it was based “on outdated information.” La Rue further dismissed Dhillon’s reliance on Verity Vote data, characterizing it as a “discredited organization that has been shown to play fast and loose with the facts” based on VoteBeat reporting.
La Rue clarified that the board of supervisors had expanded the in-person voting plan during its September 9 meeting to accommodate the two-page ballot.
La Rue also defended the county’s decision on the number of voting locations, check-in stations, and voting booths. He reported that the county had expanded the numbers of these election components adequately from past elections: a 40 percent increase since 2020 and a 10 percent increase since 2022 in voting locations; a 35 percent increase since 2020 and 33 percent increase since 2022 in check-in stations; and a 60 percent increase since 2020 and a 23 percent increase since 2022 in voting booths.
At the close of his response letter, La Rue concluded with a decisive “no” on the request from Hamadeh and the RNC to devise a new election plan.
“In light of the county’s extensive preparations for in-person voting on November 5, 2024, our clients do not see the need for an emergency meeting with your clients,” stated La Rue.
The county’s denial of a request for expanding election location capacities, such as establishing additional voting booths, came ahead of Monday reports from the media and individual voters on long wait times and lengthy lines for in-person early voting.
Maricopa County has warned that it could take them anywhere from 10 to 13 days to count all the ballots, due to the nearly 2.1 million mail-in ballots requested in this election. The county came up with the timeline based on the percentage of voters who waited to turn in their early ballots closer to or on Election Day in the 2022 election — almost 20 percent.
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by Matthew Holloway | Oct 29, 2024 | News
By Matthew Holloway |
In partnership with the Republican National Committee (RNC), Republican Congressional candidate for Arizona’s 8th District Abe Hamadeh has issued a letter to Maricopa County Recorder Stephen Richer. In the letter, Hamadeh and the RNC called for an emergency meeting with the county election officials to review what they described as a “flawed Election Plan.”
In a post to X sharing the letter, Hamadeh wrote that the plan, “fails to account the time voters need to complete the FOUR-PAGE ballot, setting the stage for long lines & chaos on Election Day. I won’t tolerate an election system that disenfranchises the will of the people.”
In the three-page letter from Hamadeh and RNC attorney Harmeet Dhillon, they wrote, “We have received information indicating that voters will take significantly longer to complete their ballots than the estimates upon which the Maricopa County Election Plan is based, specifically the provisions related to Election Day voting. Our observations in the field confirm this concern.”
The letter explains, “The county’s current plan, which already expects long lines on Election Day, is based on the unlikely expectation that voters will only take up to a maximum of approximately 12 minutes to complete their ballots. Our information is that voters will take, and are now taking substantially longer to complete their ballots—averaging at least 15 minutes with a maximum that his much higher.”
Dhillon and Hamadeh further pointed out that there has been a significant decrease in the number of voting centers near Paradise Valley Community College, noting that the area has one of the highest turnout rates in the county.
They added, “This will mean dramatically longer lines than expected on election night. As you know, many voters will not be able to endure an hours-long wait to vote, effectively disenfranchising them if the lines grow too long.”
As previously reported by AZ Free News, there has been a serious decrease in the amount of polling centers made available to the county election officials due to limitations in security features and concerns over potential violence and damage in the 2024 election. In the area served by one Phoenix area school district, the number of polling stations has dropped from 17 to one, housed in a secured District office replete with barbed-wire fencing, security gates, and badge-only access, “one step below Fort Knox.”
According to a study from the America First Policy Institute, an analysis of precinct-level data in six Arizona counties from the 2022 election in Arizona revealed “some precincts where there were more ballots being counted than there were registered voters listed as casting ballots and some precincts where the reverse occurred,” as printing errors and long-lines plagued polling centers throughout the state. The total number of discrepancies was well over 8,000 ballots. And as the AFPI notes, the race for Attorney General, in which Hamadeh was defeated, was decided by a razor-thin margin of 280 votes.
The 2022 issue and potential 2024 problems could be quite similar as Yavapai County’s Registrar of Voters Office explained to the Institute’s researchers:
“If a voter checks in on Election Day but walks out with their ballot (does not put it in the ballot box), they will be listed as voted because they signed the register but there will not be a ballot to tabulate.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Daniel Stefanski | Oct 29, 2024 | News
By Daniel Stefanski |
State officials are making the case for voters to support a ballot measure that would drastically increase protections for children currently, or who may later be, under the heinous scourge of sex trafficking in Arizona.
Recently, Arizona State Senator Janae Shamp urged voters to vote yes on Proposition 313 in the upcoming November Election.
If passed by voters, Proposition 313 would “require that a person convicted of a Class 2 Felony for child sex trafficking be sentenced to imprisonment in the custody of the Department of Corrections for natural life without the possibility of release.” According to the Arizona Secretary of State’s Office, “The current sentencing ranges are between 7 years and natural life imprisonment without the possibility of release, depending on the age of the victim, the defendant’s criminal history, and other factors.”
Last week, Shamp shared a post from President Donald J. Trump’s ‘War Room’ account that detailed the dangers of sex trafficking of minors. The post revealed that these acts are “becoming the fastest growing criminal enterprise in the United States,” and that “this horrifying reality” was the result “of Kamala Harris’ open border.”
This measure was referred to the ballot by the Arizona Legislature earlier this year. State Senator Shawnna Bolick spearheaded the effort as part of her persistent efforts to protect innocent children around Arizona. Writing about the importance of this measure, Bolick said, “Every two minutes a child from the United States is trafficked for the sole purpose of human exploitation. According to the Arizona Attorney General’s Office, the average age of entry into sex trafficking is 14 years old. Traffickers steal our children as young as five years old to sell them into a life of misery and despair.”
Bolick added, “These adolescents lose everything to be thrown into the sex trade business. They are removed from their families and often sold over and over and forced to perform unspeakable acts. With the rise of social media and internet capabilities, these innocent children often have an internet presence against their own will, where predators share and sell their images and videos repeatedly across the Dark Web…. Your YES vote on Proposition 313 will protect children from sexual exploitation. Our neighbor’s daughter or son needs your YES vote for protection.”
Yavapai County Sheriff David Rhodes, the President of the Arizona Sheriff Association, also lent his voice to supporting this ballot measure. He stated, “Currently, when caught, the people who traffic these children face prison sentences that do not match the crime. But now, with Prop. 313, these monsters can meet true justice when apprehended and convicted in an Arizona court of law. The sheriffs across Arizona fully support the simplicity of Prop. 313 – convicted of 2nd-degree felony child sex trafficking and face a lifetime in an Arizona prison cell with no opportunity for an early release.”
Pinal County Mark Lamb weighed in, saying, “A yes vote on Prop 313 means you are willing to protect our kids and give our law enforcement the tools needed to hold sex traffickers accountable for their actions. Help us to send a strong message to those who wish to exploit the most vulnerable populations that our children are not for sale.”
Senator Shamp also appeared at a town hall in Maricopa County with national advocate Riley Gaines and other speakers. She and the other ladies on the panel promoted Proposition 313 and urged attendees to help send a message to perpetrators that “no child is for sale in Arizona or throughout America.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Oct 28, 2024 | Economy, News
By Daniel Stefanski |
Arizona home prices continue to be a major issue for people in the closing weeks of the 2024 General Election.
Last week, the Common Sense Institute Arizona unveiled its report for “Arizona Housing Affordability” for quarter 3 of 2024, sharing a “comprehensive analysis that details current challenges in Arizona’s housing market, including the ongoing housing shortage, escalating costs, and affordability issues that persist across the state.”
The report highlights that the state “is currently experiencing a housing shortfall of 65,721 units,” that “the average home price is nearly 23% higher than it would have been if prices had maintained the pre-pandemic trend,” and that “the number of building permits issued in Arizona has continued to drop, affecting the state’s ability to meet housing demand.”
“The high costs of housing in Arizona are creating significant barriers to homeownership, especially for lower-income families and first-time buyers,” said Zachary Milne, Senior Economist and Research Analyst. “While minor improvements in mortgage rates have provided some relief, the state’s overall housing deficit continues to widen, reflecting the need for housing policies that boost supply and affordability.”
CSI found that “it would take at least ten years for Arizona to resolve this [housing] deficit, that “it would still take 41 months for housing prices to fall back in line with the 2012-2019 trend if prices continued to decline at this pace [of July and August], that “new homebuyers today face nearly $500 more in monthly mortgage costs,” and that “it would take Maricopa County over 85 years to close their housing deficit.”
In a comment to AZ Free News about the report, Arizona Senate President Warren Petersen said, “It’s truly unfortunate the Governor vetoed the bipartisan Arizona Starter Homes Act and halted new home construction in two of the most booming areas in the Valley. Her actions have negatively impacted Arizona’s housing supply by contributing to the shortage, and as a result, hardworking Arizonans are having a difficult time achieving their American dream of homeownership because of skyrocketing prices. Republicans will continue to put bills on her desk to help alleviate the supply shortage next session, and we hope she will do the right thing by signing them.”
Recent polls have indicated that the issue of housing affordability is a top-three concern for many voters around the country, including in Arizona, affecting the upcoming election in November.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Matthew Holloway | Oct 28, 2024 | News
By Matthew Holloway |
Charges against Rebekah Massie, the Surprise mother who was arrested while exercising her First Amendment rights at a city council meeting, were tossed out by North Valley Justice Court Judge Gerald Williams last week. As previously reported by AZ Free News, Massie was to be tried for trespassing after she criticized the Surprise City Attorney during a city council meeting. Judge Williams agreed when defense counsel moved that the trespassing charges against Massie be dismissed with prejudice, meaning they cannot be refiled, and called the charges “objectively outrageous.”
Massie’s attorney Bret Royle, explained, “Rebekah should never have been detained, let alone criminally charged, for speaking her mind. That’s the kind of thing that happens in tyrannical countries, but should never happen here. No American should face jail time for exercising their freedom of speech, and we’re relieved the court agreed.”
Just one day after hearing from attorneys representing Massie and the city, Judge Williams released a scorching three-page ruling, pointedly noting that the city has since rescinded the policy Massie was arrested under, which prohibited the public from criticizing city officials during council meetings.
He wrote in part, “No branch of any federal, state, or local government in this country should ever attempt to control the content of political speech.” He added, “In this case, the government did so in a manner that was objectively outrageous.”
“The Defendant should not have faced criminal prosecution once for expressing her political views,” Williams added. “The Court agrees that she should never face criminal prosecution, for expressing her political views on that date at that time, again.”
In the unusual case, Surprise city prosecutors recused themselves, citing a conflict of interest, and Massie’s charges were handled by the City of Phoenix Prosecutor’s Office. The Phoenix Prosecutors argued that the case should be dismissed without prejudice allowing the city to potentially re-file charges.
In court documents, Royle argued that the charges against Massie should be dismissed with prejudice based on a lack of evidence to support Massie’s arrest to begin with.
“Ms. Massie was not ‘remaining unlawfully’ as she was within her rights to remain in the chamber despite being asked to leave by Mayor Hall and Officer Shernicoff,” Royle told the court. In his ruling, Williams concurred, observing that Massie’s arrest, originating as it did from city council policy, regulated political speech and “would trigger scrutiny,” under constitutional legal analysis.
A lawsuit against the city by Massie, represented by FIRE is ongoing. In a press release from the FIRE, Massie said, “For more than two months I’ve been living with the threat of punishment and jail time — being taken away from my kids, even — for doing nothing more than criticizing the government. Free speech still matters in America, and I can’t tell you what a relief it is to have people on my side standing up for our rights with me.”
FIRE attorney Conor Fitzpatrick said in a statement, “This is an incredible win for Rebekah and an important message to government bureaucrats around the country that the First Amendment bows to no one. The fight goes on in Rebekah’s lawsuit against the City of Surprise, Mayor Hall, and Officer Schernicoff. We want to make it crystal clear to governments across the United States that brazenly censoring people and betraying the First Amendment comes with a cost.”
As recently reported by AZ Free News, KFYI’s James T. Harris released internal video he obtained of Surprise Police Chief Benny Piña seeming to defend Massie’s arrest, telling officers, “What happened last week in a council meeting resulted in what I think everybody in the world is calling an illegal arrest and a violation of someone’s First Amendment rights. That’s clearly not what we’re about, and that’s not what happened.”
In a statement emailed to AZ Free News after Judge William’s ruling, FIRE attorney Adam Steinbaugh said, “The police chief says their conduct exemplifies the ‘mission’ and ‘philosophy’ of the Surprise Police Department. A judge said their conduct was ‘objectively outrageous.’ We agree with the judge, and the Surprise Police Department should do some soul-searching.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.
by Matthew Holloway | Oct 28, 2024 | News
By Matthew Holloway |
Arizona Supreme Court Justice Clint Bolick responded to a formal complaint against him to the Commission on Judicial Conduct from Save Our Schools Arizona (SOSAZ) regarding comments he’s made while campaigning for retention in the 2024 Election. Justice Bolick summarized his response in three words before addressing it more fully: “Bring it on.”
In a press release, SOSAZ claimed that Justice Bolick’s comments at a campaign event covered by Politico violate “several provisions of the Arizona Code of Judicial Conduct.” The group suggested that his speech at a Pentecostal Church in Sun City stating he would continue “fighting for conservative principles,” while standing near a cardboard cutout of President Donald Trump, breached public confidence in his “independence, impartiality, integrity, and competence.”
The activist group wrote, “SOSAZ’s written complaint asserts that Justice Bolick’s active campaigning at a Republican Party event violates several provisions of the Arizona Code of Judicial Conduct, which states that judges ‘should aspire at all times to conduct that ensures the greatest possible public confidence in their independence, impartiality, integrity, and competence.’ Justice Bolick’s appearance and comments at this Republican Party meeting certainly do not meet this standard, and we should expect better of our judges, especially those sitting on the state’s highest court.”
Speaking with KJZZ, SOSAZ Executive Director Beth Lewis told the outlet, “It’s not impartial and judges really do need to act with impartiality at all times.”
“Bolick has politicized the courts. It’s also been shown in his decisions, which are directly related to our work at Save Our Schools Arizona,” Lewis claimed. “His ideologically-based decisions have directly impacted our ability to fund our schools for many years.”
SOSAZ is running an extensive “do not retain” campaign against retaining Justice Bolick and fellow Justice Kathryn King. Bolick and King are the only two Supreme Court Justices facing retention votes this year. According to the Arizona Commission on Judicial Performance Review, both Bolick and King received extremely high marks to meet the standards on the merits of their decisions.
In an email statement obtained by AZ Free News, Bolick responded to SOSAZ’s complaint:
“A political organization that is opposed to my retention as an Arizona Supreme Court justice has reportedly filed a judicial ethics complaint against me. My response: Bring it on.
I have spent much of my career as a lawyer and judge defending and protecting free-speech rights. I am glad to have the chance to stand up for my own and other judges’ free-speech rights.
Judges necessarily enjoy fewer free-speech rights than others. But we have the right to forcefully defend ourselves against an unprecedented campaign to replace judges solely for political reasons.
In doing so, I adhere meticulously to judicial ethics rules. Judges cannot endorse candidates for office, and I do not (not even my wife). Judges cannot ask for money to support their campaigns, and I do not. Judges may not talk about pending cases or issues that may come before the Court, and I do not. In short, we are forced to ‘campaign’ with one arm tied behind our backs. Our opponents have no such restraints.
The rules do allow us to speak at partisan events, although we cannot serve as party officers and cannot endorse candidates. That is no problem for me, as I have been a registered independent for more than two decades and am the only independent to ever serve on the Court. Since the campaign to remove Justice Kathryn King and me from the Court, I have spoken at both partisan and nonpartisan events.
During the retention campaign, I feel like I spend half my time defending against liberal critics over judicial opinions they do not like, and the other half against conservative critics of opinions they do not like. My colleagues and I were ‘censured’ by the Maricopa County Republican Party executive committee for voting against their wishes in election cases. As a judge committed to the rule of law, I see criticisms from both sides as a badge of honor.
The group’s news release makes clear this is about politics, not judicial ethics. Its executive director, Beth Lewis, tweeted that her vote against me was ‘personal,’ ‘gleeful anger,’ and ‘revenge.’ Filing a judicial ethics complaint for ‘revenge’ is an abuse of process.
But I hope they will pursue it even after the election because we need a clear precedent protecting the free-speech rights of judges to defend themselves, and I will be proud to have my name in the caption.
-Clint Bolick
One minor factual correction in the complaint: I was the last justice appointed to a five-member Court, which later was expanded to seven.”
Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.