by Daniel Stefanski | Aug 5, 2024 | News
By Daniel Stefanski |
Arizona Republicans are taking credit for a “freer and fairer election” in the just-completed Arizona primaries.
Earlier this week, State Representative Alexander Kolodin issued a press release to share that “Arizonans celebrated rapid results for the 2024 primary election cycle thanks to the historic election reform bill passed by the Arizona State Legislature.”
Kolodin said, “The House Committee on Municipal Oversight and Elections is thrilled to see our historic elections reform bill is paying off with a better experience for Arizona voters than ever before. I am very grateful to all of my colleagues, especially Speaker Toma, Senator Rogers, Representative Heap, and Representative Terech, for being wonderful partners to help bring about this historic reform.”
The bill Kolodin was referring to was HB 2785, which was passed by the Arizona State Legislature and signed by Governor Katie Hobbs earlier this year. According to Kolodin’s release, the legislation “required elections officials to continue tabulation through the night ‘without delay until complete.’ It also clarified that elections officials may begin tabulating early ballots upon receipt, with robust protections to ensure that vote totals were not prematurely accessed.”
Kolodin’s release added that, “Now, just the day after the election, results are known for most major races, reducing unnecessary delay and limiting the time during which administrative or other errors could occur.”
The first-term state legislator, who advanced from the Republican primary Tuesday night in his bid for a second term in office, also said, “We are grateful to the election workers, who, for the first time, labored through the night to hard count election day drop-offs and tabulate ballots. Voters can see that the good work of the legislature has been paying off in terms of faster results, a smoother process, and a more secure system! Seeing these concrete gains only reinforces our resolve to continue to improve upon the efficiency, security, and integrity of Arizona’s election system.”
After Hobbs signed HB 2785 in February, State Senator Wendy Rogers, the chamber’s Elections Committee Chair, stated, “This legislation is a major win for Arizona voters and important in restoring voter confidence in election integrity. After months of painstaking discussions among lawmakers, election experts, administrators, county officials, and the executive branch, I’m proud we were able to craft a commonsense solution that all 15 Arizona counties support. It will ensure our service members abroad will have their votes counted on election day, and moreover, it will enable us to accurately determine the winner sooner rather than later.”
According to an overview provided by the Arizona House of Representatives, HB 2785 was “an emergency measure that modifies certain procedures and deadlines related to the conduct of elections.” The significant provisions of the legislation, per the press release from the Arizona House, were as follows:
- Robust legally binding signature verification standards in law for first time in Arizona.
- Puts political parties on an equal playing field when curing ballots.
- Promotes greater use of ID when voting early.
- Ensures that Arizona’s overseas military will be able to vote, and Arizona’s electors will be delivered on time.
With this bipartisan agreement, Arizona’s primary election date was moved up to July 30.
Hobbs struck a triumphant tone in her statement when she signed the bill, saying, “With this bill, we are making sure every eligible Arizonan can have their voice heard at the ballot box. We protected voters’ rights, we kept the partisan priorities out, and we demonstrated to the country that democracy in our state is strong. Thank you to Republicans and Democrats in the legislature who put partisan politics aside to deliver this important victory for the people of Arizona.”
Arizona Secretary of State Adrian Fontes, also a Democrat, chimed in with his support of the package. Fontes said, “I am pleased to see Arizona’s bipartisan effort to pass House Bill 2785, keeping on-time ballot delivery for military and overseas voters and securing the state’s electoral votes for the 2024 presidential election. This legislation received overwhelming support across party lines and demonstrates Arizona’s commitment to fair and secure elections.”
The bill passed the state house with a 56-2 vote (with two vacant seats at the time), and the senate with a 24-2 vote (with four members not voting).
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Aug 5, 2024 | News
By Daniel Stefanski |
A federal appeals court’s decision to overturn an order from its own panel has Arizona conservatives outraged.
This week, a panel at the U.S. Court of Appeals for the Ninth Circuit reversed a recent opinion from another panel within the court that had allowed Arizona’s law on state voter registration proof of citizenship requirements to go into effect. This latest decision from the Ninth Circuit now vacates that order, allowing individuals to essentially register to vote with state or federal forms in Arizona without providing proof of citizenship.
Arizona Senate President Warren Petersen, who was one of the intervenors in the case defending the law against its challengers, issued a statement in condemnation of the Ninth Circuit’s order. Petersen said, “This is just another example of why the radical Ninth Circuit is one of the most overturned circuits in the nation. They routinely engage in judicial warfare to carry out their extremist liberal agenda that’s contrary to the laws our citizens elected us to implement. We will seek assistance from the Supreme Court to ensure only American citizens are voting in our elections. If this principle is not followed, democracy as we know it, and as our Founding Fathers intended, is in jeopardy.”
According to the Arizona State Senate Republican Caucus, “This lawsuit stems from radical Left activists, some of which are from outside of Arizona, opposing two laws passed by the Republican-controlled Legislature back in 2022 restricting voters who don’t provide documentation confirming they are in fact legal citizens of the United States.”
Scot Mussi, President of the Arizona Free Enterprise Club, also weighed in on the decision from the Ninth Circuit panel, writing, “This opinion from two radical judges on the Ninth Circuit is a travesty of law and to the legal process, overturning a ruling issued just last week by the same court. We are hopeful that the U.S. Supreme Court will quickly intervene and reverse this poorly reasoned decision on appeal.”
The Arizona Free Enterprise Club was extremely instrumental in the origination and passage of HB 2492, which is one of the state laws at the heart of the legal matter.
In this Ninth Circuit’s order, there was one judge who dissented from his other colleagues – Judge Patrick J. Bumatay. He wrote, “Motions for reconsideration of a motions panel’s order are not meant to be a second bite at the apple. On the contrary, they are highly irregular and strongly disfavored, primarily appropriate if there have been ‘[c]hanges in legal or factual circumstances’ since the motions panel addressed the issue.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Aug 4, 2024 | News
By Daniel Stefanski |
Arizona Republican legislators are seeking cooperation from county election officials on a state law pertaining to elections.
Late last month, a coalition of Republican state House members wrote to county recorders and election officials around the state after an initial panel from the U.S. Court of Appeals for the Ninth Circuit allowed a law on proof of citizenship requirements for State Voter Registration forms to go into effect.
The letter, which was signed by Republican members of the House Municipal Oversight and Elections Committee, called on these officials around the state to “reject Arizona’s state-specific voter registration form submissions that lack documentary proof of citizenship,” and to “remove foreign citizens from your voter rolls.”
These legislators highlighted the law that was allowed by the Ninth Circuit – A.R.S. 16.121.01 (C), which reads: “C. Except for a form produced by the United States election assistance commission, any application for registration shall be accompanied by satisfactory evidence of citizenship as prescribed in § 16-166, subsection F, and the county recorder or other officer in charge of elections shall reject any application for registration that is not accompanied by satisfactory evidence of citizenship. A county recorder or other officer in charge of elections who knowingly fails to reject an application for registration as prescribed by this subsection is guilty of a class 6 felony.”
They added, “This law, which the Legislature passed in 2022, is critical to the integrity of Arizona’s elections. It also prevails over the 2018 Consent Decree entered into by the Arizona Secretary of State and Maricopa County Recorder in League of United Latin American Citizens of Arizona v. Reagan, No. 2: l 7-cv-04102- DGC (D. Ariz. June 18, 2018). Consequently, enforcement of A.R.S. § 16-121.0l(C) should ease your respective offices’ administrative burdens because you are no longer required to search the Arizona Department of Transportation database to search for evidence of citizenship on behalf of an applicant who does not supply citizenship documentation.”
Just days later, another panel on the Ninth Circuit reversed the order that had justified and warranted this letter to county officials.
The members who signed the letter were Representatives Jacqueline Parker, Alexander Kolodin, Justin Heap, Rachel Jones, and Austin Smith.
The most-recent decision from the Ninth Circuit is expected to quickly make its way to the Supreme Court of the United States in an attempt to obtain emergency consideration.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Staff Reporter | Aug 4, 2024 | News
By Staff Reporter |
The Arizona Supreme Court ruled on Wednesday that the practice of union release time was unconstitutional.
Release time occurs when government agencies direct their employees to be released from their job duties in order to work for their union advancing private interests such as lobbying and recruitment. While on release time, those government employees would still receive their regular government pay, benefits, and retirement.
Chief Justice Clint Bolick on behalf of the Arizona Supreme Court ruled in Gilmore v. Gallego that release time constituted a violation of Arizona’s Gift Clause prohibiting the granting of public money to private entities, or “gifts,” because it used public funds raised by general taxation in the aid of enterprises engaged in private business.
“[R]elease time should be separately scrutinized to determine if it has a public purpose and provides sufficient tangible, enforceable consideration to the City,” wrote Bolick. “The release time provisions at issue are precisely that: a ‘release’ from the ordinary duties for which [city] employees were hired, to instead perform, in the main, lawful union activities.”
The Gift Clause prohibits the state and its subdivisions from giving or loaning credit, or making any donations or grants, to any individuals, associations, or corporations.
The Goldwater Institute sued the city of Phoenix in October 2019 over the practice of time release, on behalf of two non-union city employees and taxpayers.
In a press release on their court win, the Goldwater Institute’s Timothy Sandefur and Jon Riches said that the end to government-funded union activities through release time would ensure private interests weren’t financed by taxpayers.
“Today’s ruling is a watershed decision that ensures taxpayer dollars will be spent to advance public interests, not private special interests, including the politically powerful special interests of government labor unions,” read the joint statement.
As disclosed in court documents, release time cost the city of Phoenix nearly $500,000 annually.
That six-figure cost became a factor in the court’s decision. Bolick noted that the city had no direct control or supervision over the employees under release time, “an essential criterion” to establish the public purpose standard for Gift Clause adherence.
“[T]he City costs are substantial, but the benefits are so negligible as to render them largely illusory. The Union receives four full-time employees, who are released from their public duties but paid as if they were performing public work, for the Union to direct as it sees fit,” said Bolick. “In return, the MOU provides ‘examples’ of the uses of release time, and the City argues that ‘release time promotes cooperative labor relations and facilitates an open dialogue about employment issues.’ At best, these are anticipated indirect benefits that do not count as enforceable obligations for consideration purposes.”
The city of Phoenix argued that release time yielded benefits to city work by improving union-government relations. The Arizona Supreme Court rejected that argument.
“To the extent that the City values the purposes to which release time might be devoted, it has not explained why it could not assign employees, under its direction and control, to perform precisely those tasks (such as serving on task forces), rather than placing them at the Union’s disposal,” wrote Bolick. “Indeed, the costs and benefits here are so one-sided that it is difficult to envision how such expansive time release provisions could ever survive the consideration prong unless the employees genuinely paid for them through foregone wages or otherwise[.]”
However, the Arizona Supreme Court did reject arguments that the release time provisions violated the state’s constitutional protections for free speech and free association.
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 4, 2024 | News
By Staff Reporter |
A radical Democrat state representative is attempting to return to her middle-of-the-road legislative district for a new term in office.
State Representative Lorena Austin is running for reelection in Arizona Legislative District 9, which covers the city of Mesa. According to the Arizona Independent Redistricting Commission, the district is likely one of the most competitive in the state, with a 2.6% vote spread over the past nine statewide elections. (Democrats are slightly favored in the district, having won the district in five of those nine elections.)
Austin is a member of the Appropriations and Commerce Committees in the Arizona House of Representatives.
Earlier this year, Austin initiated what many thought was one of the most controversial events of the 2024 Arizona Legislative Session, when she partnered with Planned Parenthood Advocates of Arizona to host a Drag Story Hour in the Copper Basin Room in the House Basement.
That event was immediately met with condemnation from Republicans. Arizona House Speaker Ben Toma addressed the event on his “X” account, writing, “Democrat Rep. Lorena Austin deliberately misled House leadership to reserve a conference room to host a drag story hour with Planned Parenthood. Use of House facilities for radical activism to promote dangerously perverse ideology will not be tolerated while I am Speaker. As a result, I’ve ordered that Democrats have lost the privilege of accessing House meeting rooms until trust can be restored.”
Austin responded to the Speaker’s comments, saying, “This is the people’s House and that includes the LGBTQ+ community, whether my colleagues on the other side of the aisle like that or not. It is nothing short of ridiculous that I have been described as dishonest, deceitful and perverse and have been subjected to calls for punishment and expulsion. What is true is that I hosted a drag performer who read stories about LGBTQ+ history and inclusion. There were no minors present, but also no content that would offend a minor.”
The Democrat lawmaker added, “We were completely transparent when we reserved the room, and the content was not, or should not be, controversial. In total approximately 20 people attended (all adults) because the House is currently only conducting business on Wednesdays, and today was a Tuesday. It was educational and completely within the mission of our LGTBQ+ Caucus. I will never apologize for teaching people to be inclusive, to accept others as they are, and to stand up to hate and bigotry.”
Republican Representative Alexander Kolodin also weighed in on the controversy. He said, “The People’s House should be a safe place for the children of Arizona and I am outraged at this violation of trust. In addition to this punishment, also I call on leadership to bar Rep. Austin from accessing any part of the House aside from public areas and the floor.”
As with many of her fellow Democrats running for the state legislature, Austin promotes endorsements from left-leaning organizations for her campaign for the Arizona House of Representatives, including Moms Demand Action, Planned Parenthood Advocates of Arizona, Save Our Schools Arizona, Progressive Turnout Project, HRC in Arizona, AEA Fund for Public Education, NARAL Pro-Choice Arizona, Stonewall Democrats of Arizona, Arizona Education Association, Progressive Change Campaign Committee, Emily’s List, and Human Rights Campaign PAC.
The Democrat lawmaker has a lengthy record of voting against bills meant to prevent crime waves from engulfing the Grand Canyon State – as has been experienced in jurisdictions like California. In 2023, Austin voted against HB 2478, which would have expanded the definition of aggravated assault to include a person knowingly assaulting an employee of a law enforcement agency while engaged in the execution of official duties. She voted against HB 2212, which would have established liability for aggravated criminal damage if a person interferes or prevents the performance of a normal function of utility infrastructure or property or the intended course or path of any utility service (2023). And she voted against SB 1262, which would have required a court to promptly issue a warrant for the rearrest of a person that has been charged with a felony offense that was committed during the person’s probation term.
The district is currently represented by two Democrats in the state House of Representatives. Austin and her fellow Democrat incumbent, Seth Blattman, ran unopposed in the recent primary election. Austin received 8,624 votes, and Blattman obtained 7,316 votes. They will face off against Republicans Mary Ann Mendoza and Kylie Barber, who also ran unopposed in the primary election. Mendoza garnered 8,571 votes, and Barber received 8,335 votes.
November’s General Election will be the second time that Mendoza has been pitted against Austin and Blattman. In 2022, Austin and Blattman defeated Mendoza and her running mate, Kathy Pearce, to assume their offices for the 2023 Arizona legislative session.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
by Matthew Holloway | Aug 3, 2024 | News
By Matthew Holloway |
On Wednesday evening, Senator JD Vance, Vice Presidential nominee of the Republican Party, took to the stage at Arizona Christian University in Glendale, Arizona. While President Donald Trump was rallying the crowds in Pennsylvania for the first time since the attempt on his life in Butler, Vance was showing Arizonans that the Senator from Ohio and author of “Hillbilly Elegy” can play on the same field that once brought Barry Goldwater to national prominence.
Flanked on stage by notable conservative Congressmen Eli Crane, Paul Gosar, and Andy Biggs as well as GOP Senate nominee Kari Lake and Turning Point USA’s Charlie Kirk, Vance broke down the stakes for Arizona voters, describing the scenario of a Harris presidency.
“Let us count the ways in which Kamala Harris has screwed up this country over the last 3.5 years,“ Vance began according to CSPAN.
“Now, they’ll all lie to you about it, the media, but she was appointed the border czar and then unleashed the worst border crisis in the history of this country. On her watch, more than 10 million illegal aliens have invaded our country, and it wasn’t by accident. It was by design.”
“They said when they took office that they were going to do exactly what they did. They said they wanted to decriminalize illegal immigration and tear down Immigration and Customs Enforcement. Open up the floodgates and give illegal aliens free health care. And she wanted you the American citizens to pay the bill. That’s what she said.”
“And then, on her very first day in office, they went to work, but not for you. For them. They suspended deportations. They stopped building President Trump’s wall. They reinstated catch-and-release. And that’s how every state became a border state because they just released these people into our country. Then they fly in first class, give them first class hotel accommodations. You guys are paying for that too.”
Vance didn’t shy away from taking direct aim at Harris’ recent explosion onto the media scene either, and her stark departure from previous appearances as noted by President Trump when he spoke to the National Association of Black Journalists Conference in Chicago.
“So, you guys want to hear that truth about Kamala Harris? Kamala Harris is a phony who caters to whatever audience is in front of her. I don’t know if you saw this. But earlier this week, look up the clip, she went down to Georgia and started talking with a fake Southern accent. I’m serious. Now, what the hell was that all about? Kamala Harris grew up in Canada. They don’t talk like that in Vancouver or Quebec or wherever she came from.”
“It doesn’t matter. It’s the same new liberal policies, but a different accent, whoever she’s talking to. Now on November 5th, she can go back to using her San Francisco accent because we are going to send her packing, and we’re going to elect Donald Trump President of the United States. “
Pointedly, Vance drew attention to Harris’ apparent complicity in deflecting concerns over the capacity of President Joe Biden to serve as well as criticizing the thoroughly non-democratic method of her nomination by DNC leaders without a primary vote.
“Now after they covered up for Joe Biden’s incompetence for 3.5 years. This is a scandal from both the Democrats and the media,” he began. “Now they’re gaslighting us about Kamala Harris’ radical record. The media likes to portray her, all of a sudden, she’s a sensible moderate. That’s what they say. Now, the same media that told us for 3.5 years, Joe Biden who couldn’t finish his sentence was Albert Einstein. Now they tell us Kamala Harris is Abraham Lincoln but anyone who is too blind to see Biden’s incompetence, or more likely too dishonest to admit it, is not fit to serve as our commander in chief.”
Vance added, “The Democrat party bosses have decided to install Kamala Harris as their new nominee, but think about this, she has not received a single vote for President of the United States. Now, the media calls this a coronation. I think we’d call it a coup and in America we don’t crown our leaders. We vote for them.”
Vance also prefaced his planned trip to Arizona’s southern border and called Harris out on her radical leftist record and the failure of the Biden-Harris regime to rein in the out-of-control border with Mexico.
He told rallygoers, “Now I’m going to the border tomorrow and her record of disaster is clear. 500,000 kids have been trafficked by the Mexican drug cartels because of her policies, hundreds of thousands of our citizens are dead from fentanyl overdoses because of her policies, hardworking Americans cannot afford groceries because of her policies. Now, the media wants to call her a moderate. But here’s a fact check for the fake news. Kamala Harris was the most liberal senator in the entire United States Senate. She is a dangerous San Francisco liberal, and thanks to the people in this room, she is never going to be the President of the United States of America.”
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.