The Arizona chapter of the ACLU spoke out against a bill to ban hazing, HB2322, during its consideration in the Senate Education Committee on Tuesday. ACLU campaign strategist K.M. Bell said that the ACLU was against the bill because they believe it criminalizes “light hazing.”
HB2322 would make hazing a class 1 misdemeanor, and a class 4 felony for hazing that results in death. The bill sponsor, State Representative John Kavanagh (R-Fountain Hills), explained to the Senate Education Committee that the bill wouldn’t prevent “light hazing,” which the 71-year-old representative compared to his own experience as a new Boy Scout asked to stand with other new scouts at a certain spot in the woods on their first camping trip while the older boys caught “snipes,” which Kavanagh recalled he found humorous upon finding out no such creature existed. Kavanagh drew a distinction between that and dangerous hazing — that which results in injury or death — citing an Arizona State University (ASU) student made to drink a large amount of liquor in a short amount of time.
“There is light hazing, and there is dangerous hazing. This bill does nothing to prevent light hazing. I think light hazing has a sociological purpose. You’ve all probably been exposed to it as some point in your lives,” said Kavanagh. “That’s just part of life: it’s whimsical, it’s harmless, it forms some kind of sort of sociological, organizational bonding, so everyone’s good with that.”
Kavanagh noted that he’d received no pushback on the bill from any fraternities, sororities, colleges, or universities. The only contention came from the ACLU.
One issue the ACLU took with the bill specifically was that they believed the term “calisthenics” was too broad. Bell argued that there should be some nuance to differentiate harmful versus harmless calisthenics. She said that it would criminalize people who made others do jumping jacks in order to join the high school chess club. Bell added that language addressing hazing that results in embarrassment wasn’t suited for criminal law. She argued that other laws addressing crimes like reckless endangerment could better cover hazing crimes.
“That is why our suggestion was that the calisthenics and things like that that aren’t necessarily harmful only be criminalized in situations where they could potentially cause serious injury,” said Bell. “That would address those situations where somebody is forced to do 10,000 jumping jacks versus five. Obviously those are very different situations.”
Further, Bell argued conspiracy law is so broad that someone in the room could report another for intent to haze. Majority Leader Rick Gray (R-Peoria) questioned whether people would report someone for entertaining an idea or vocalizing a whim of hazing.
“I would just be shocked if someone were to take a situation like that and try to prosecute,” said Gray.
A spokesperson of one victim of hazing spoke out. Alex Morris, an attorney at Beus Gilbert McGroder, discussed the 2012 death of Jack Culolias during a party hosted by Arizona State University’s (ASU) Sigma Alpha Epsilon (SAE) chapter, of which he was a member. Morris alleged that Culolias drowned due to hazing that resulted in his intoxication, and read a statement from Culolias’ mother, Grace.
“Over the years, so much harm has been done to young people because of hazing. Students pass along the traditions. What one student can endure the other person cannot do,” said Culolias’ mother. “Kids are administering pain to other kids. It keeps happening. Something has to change. The way it will change is at the individual level. The students who haze have to be penalized and it has to be on their record. This will make people aware and conscious. No other parent should go through what I went through.”
Culolias’ death, along with the incident five months later of a 20-year-old member dumped in front of an emergency room with a blood alcohol level at five times the legal limit, earned the ASU SAE the number-one ranking on the Rolling Stone report of most “Most Out-of-Control Fraternities in America.” University of Arizona (UArizona) also made the list with its lengthy record of hazing and alcohol-related hospitalizations at its Pi Kappa Phi chapter.
State Press reported that Culolias’ lifelong best friend, Dante Jaramillo, believed SAE members pushed Culolias to his limits and, ultimately, his death. Culolias reportedly chose ASU because his father died from lung cancer earlier that summer, and he wanted a party school where he could leave his worries behind.
“Like the pastor at his memorial said, he died trying to fit in,” said Jaramillo. “And it kills me to think that was what led to his demise.”
Only one senator voted against the bill: State Senator Sally Ann Gonzales (D-Tucson). She explained that she was concerned the legislation language would “hurt” people, though she didn’t expand on what she meant by that.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A bill prohibiting the interference or usurpation of parents’ rights to direct their child’s upbringing, education, health care, and mental health passed the Senate Education Committee on Tuesday. The bill, HB2161, drew in a number of both parents and LGBTQ activists to speak — parents were for a bill to ensure transparency concerning information about their children, and LGBTQ activists against.
The sponsor, State Representative Steve Kaiser (R-Phoenix), explained that the main purpose of his bill was to further secure parental rights, noting that he supported an amendment brought forth by Chairman Paul Boyer (R-Glendale), which removed portal access, mental health language, and parental consent concerning medical treatments. The bill still empowers parents to take legal action against governmental entities or officials and receive relief.
State Senator Christine Marsh (D-Phoenix) criticized that the bill was vague. Marsh said educators would err on the side of caution due to all the negative publicity surrounding them currently, leading them to underperform.
“This has got a little bit of potential for a little bit of chaos,” said Marsh.
Kaiser responded that parents are frustrated with the lack of responsiveness concerning information about their children in educational and medical settings.
Marsh pressed further what the interference of parental rights to bring up a child would look like. Kaiser said he didn’t have a specific example handy, deferring to parents lined up to speak.
A former Saguaro High School English teacher and department chair with Scottsdale Unified School District (SUSD), Caryn Bird, discussed how her classroom was considered a “safe space,” and how she would allow a group of young female students who claimed to be transgender males to come into her classroom and discuss their personal problems with her — issues not relayed to the parents.
“In my time as a high school teacher, my classroom became known as a ‘safe space’ for students. In particular, I had a group of trans male students who would meet in my classroom, none of whom were actually students in my class, for some reason, but they would meet in my classroom at lunchtime to share with one another their experiences,” said Bird. “This peer group in my classroom allowed these students time to explore who they were without fear or retribution or fear of being outed.”
Although she didn’t mention it during her committee testimony, Bird also served previously as the co-chair of Gay, Lesbian, Straight Education Network (GLSEN) Phoenix chapter until the end of 2020. GLSEN is a national organization dedicated to pushing LGBTQ ideologies and activism onto minors. For years, GLSEN has attempted to install their Gender and Sexualities Alliance (GSA) clubs in K-12 schools; some educators are successful in establishing those clubs, and often adopt other names like “Student Alliance for Equality” (SAFE) clubs. Last December, GLSEN Phoenix advised educators to incorporate “secret libraries” in their classrooms to smuggle in LGBTQ and social justice curriculum.
My name is Caryn Bird I am co-chair of the GLSEN Phoenix Board I support GLSEN Phoenix because I believe that ALL students deserve to feel safe to learn in school. Please support our work with our #GiveOUTday campaign today! https://t.co/BpARNtWnUYpic.twitter.com/thG6t5v2Di
Early last month, a GLSEN lobbyist and co-chair named Andi Young persuaded lawmakers to strike down a bill to oppose gender transition surgeries for minors. As AZ Free News reported, Young, like Bird, didn’t identify herself as a GLSEN Phoenix leader during her testimony about how the bill would harm minors like her daughter, whom she encouraged to transition genders after a decline in mental health. Based on the timeline of Young’s GLSEN involvement, it’s unclear the extent of influence GLSEN and Young’s work had on her daughter.
Parents in support of the bill insisted that these children aren’t the children of the government or teachers, but of their parents. Several schools were called out by name: Altadena Middle School for a teacher pushing gender identity ideology onto her class, and Cocopah Middle School for a teacher who persuaded the district to allow students to replace their legal birth names, dubbed “deadnames,” for their preferred names, all while earning awards for her work leading the Gay Lesbian and Straight Education Network (GLSEN) club at her school.
An Arizona State University (ASU) political science student Jordan Harb opposed the bill, arguing that the bill would “denigrate” and “endanger” students and their individuality. Harb received ASU’s highly-competitive Flinn Scholar award: a full-ride scholarship given to the top 20 students in Arizona, with additional perks like mentorships, study abroad funds, and a scholar trip to China.
The House passed the bill last month along party lines.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The Arizona Department of Revenue announced Tuesday it is working with its tax software vendor to automatically amend any filed 2021 individual income tax returns impacted by the recent overturning of Proposition 208.
The 3.5 percent surcharge on individual income over $250,000 ($500,000 married filing jointly) hit taxpayers starting in 2021, but last week a Maricopa County Superior Court judge struck down Prop 208 as unconstitutional.
Taxpayers who have already filed their Arizona individual income tax returns using current forms and instructions will not need to file an amended return, according to ADOR.
“The Department will hold these returns and process them correctly once it has modified its tax system to remove the surcharge and amend the tax bracket rates,” the statement reads. “At that time, ADOR will automatically adjust the returns to provide for the correct distribution of monies.”
The court ruling which voided Prop 208 will not, however, actually impact an individual’s overall tax liability. The reason, according to ADOR, is legislation signed into law last year by Gov. Doug Ducey which counteracted the surcharge by reducing the state’s top income tax rate for those subjected to the additional tax.
With the Prop 208 surcharge now dropped to 0 percent, the top income tax rate will return to 4.5 percent, ADOR noted.
“Arizona taxpayers will neither owe more tax nor receive a larger refund due to the voiding of the Prop 208 Surcharge,” the statement reads.
Taxpayers who have not yet filed a 2021 individual income tax return are reminded of Arizona’s April 18 filing deadline. ADOR is working as quickly as possible to revise the 2021 tax forms and adjusting the individual income tax brackets to the now proper rates.
State officials are also working with various tax software companies like TurboTax and H&R Block to ensure changes are made to those programs as well.
Senators Mark Kelly (D-AZ) and Kyrsten Sinema (D-AZ) championed their work to mitigate the border crisis Monday, highlighting several key provisions they secured in Congress’ annual budget bill. Their press release came the same day as the latest data was published by Customs and Border Protection (CBP), reporting nearly 165,000 illegal border crossings in February: the highest number for that month since 2000. The record high complements the record 154,000 illegal crossings in January. Those numbers fall in line with the Department of Homeland Security (DHS) prediction at the onset of this year that the border crisis would worsen throughout 2022.
None of their provisions included finishing the border wall. As AZ Free News reported last month, the Arizona legislature passed two separate bills to finish the border wall, allocating hundreds of millions to cover the remaining 17 miles. The House and Senate must consider the bills passed by the other before they will go before the governor.
Additionally, suggestions by Governor Doug Ducey presented in draft legislation for Sinema and Kelly were recognized and ignored in part. Ducey’s legislation called for border wall completion, physical barriers, and virtual surveillance; requirement that asylum seekers who have traveled through another country attempt to claim asylum in that country; requirement for asylum seekers to claim asylum at a port of entry; an increase in immigration judges; additional funding for local law enforcement and humanitarian efforts; and a clear declaration by the federal government that the borders aren’t open for immigration except through a port of entry and legal means.
Sinema and Kelly’s acquisitions that fulfilled Ducey’s requests were additional funding for local law enforcement and humanitarian efforts, as well as border security technology which includes virtual surveillance. In addition to their other border infrastructure investments, Sinema and Kelly secured over $2.3 billion.
Sinema emphasized that the billions would allow not only American citizens to be kept safe, but to ensure that the illegal immigrants receive fair and humane treatment.
“These critical resources will help secure the border through improved technology and additional personnel, manage the flow of migrants to keep Arizona communities safe, and provide Arizona nonprofits and DHS the resources needed to ensure migrants are treated fairly and humanely,” said Sinema.
Kelly alluded that there wasn’t a guarantee that further border crisis-related burdens wouldn’t befall Arizona in the future.
“The crisis at the border continues to put a strain on our communities and law enforcement as they work to maintain a safe and orderly process. It’s critical that we are bringing needed technology, personnel, and other resources to improve border security,” said Kelly. “I’ll keep working with my Republican and Democratic colleagues in the Senate and continue pushing the Biden administration to ensure Arizona does not bear the cost of this crisis.”
From 2000 to 2006, the total number of illegal crossings at all borders hovered around one million. Then, from 2007 to 2011, that number dropped steadily from under 900,000 to 340,000. The number of crossings picked up slightly and fluctuated between 300,000 to 500,000 from 2012 to 2018. A sharp spike of 860,000 occurred in 2019, before petering off to 405,000 in 2020.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
One of the most prominent lawyers for the Democratic Party (DNC), Marc Elias, announced last Friday that he submitted a motion to intervene in a case challenging the constitutionality of Arizona’s no-excuse mail-in voting system. Elias filed on behalf of the Senate Democrats (DSCC), Democratic Congressional Campaign Committee (DCCC), and the Arizona Democratic Party in the case Arizona Republican Party v. Hobbs.
Not only does Elias specialize in election litigation, he’s been involved in the elections themselves. His December 2017 testimony detailed his role in Hillary Clinton’s Russigate hoax: how he came to hire the intelligence firm Fusion-GPS for the DNC and Clinton’s 2016 presidential campaign, who then ordered the debunked dossier compiled by former British spy Christopher Steele and sourced by analyst Igor Danchenko, a Russian citizen who resided in Virginia. The FBI arrested Danchenko for the “Steele dossier” early last November.
Today, @dscc, @dccc, @DNC and @azdemparty filed a motion to intervene in the Arizona Republican Party’s legal action seeking to end early and absentee voting in Arizona – the dominant form of voting in the state.https://t.co/xD1JAEIP5n
Elias could be considered a fixture within the Democratic Party establishment. The Jewish New York native worked with the DNC since 1993, notably serving as general counsel for two of the last three Democratic presidential candidates’ campaigns: John Kerry in 2004, then Hillary Clinton in 2016. Elias also followed former President Barack Obama from his days in the Senate all the way to the White House, earning a distinction by 2011 relayed in a Politico profile of being Obama’s “top lawyer.” Although lawyer Bob Bauer was technically Obama’s general counsel, Elias was a critical player.
Those are just the biggest names in American politics — the entire Democratic Party reportedly relies on Elias as their “go-to lawyer.” This was confirmed by fellow establishment members of the Democratic Party, such as former Federal Election Commission (FEC) chairman, Obama advisor, and Biden campaign counsel Robert Lenhard.
“For members of the House and Senate, there is no Democratic-side campaign finance lawyer who is more important than Marc Elias. That is without a doubt,” Lenhard told Politico. “While Bob Bauer served as White House counsel, Marc led that practice group and it thrived under his tutelage.”
Elias has been on all sides of the 2020 presidential election controversy, a predictable involvement considering his decades of redistricting fights, post-election litigation, and work with Big Tech giants Facebook and Google. Elias earned Google a win to effectively manipulate its search results with preferred candidates through its pay-per-click advertisement system, AdWords. The woman behind AdWords, Sheryl Sandberg, was picked up by Facebook in 2008.
Elias founded Democracy Docket on March 5, 2020, a Democratic Party voting advocacy group formed about a week after former President Donald Trump declared the ongoing national state of emergency over COVID-19. Democracy Docket operates out of Fairfax County, Virginia. To date, the group has been involved in nearly 330 cases, 150 of which they’ve won.
Last August, Elias left his legal firm of 28 years, Perkins Coie, to form his own: Elias Law Group.
Elias pledged to sue Arizona if the state legislature approves certain election integrity laws, such as: HB2596, which never made it to committee; HB2238, which passed the House and has yet to be considered in a Senate committee; HB2237, which passed the House and will soon be considered on the Senate floor; SB1058, approved by a Senate committee last month but not yet considered on the Senate floor; HB2170, which passed the House but has yet to be considered by a Senate committee; and HB2243, which passed the House and will soon be considered on the Senate floor.
The Arizona Senate took the final vote on 16 election-related bills on Monday, including one to restore the precinct committeemen (PC) elections, sans its emergency clause implementing it immediately. The remaining 11 of the 16 failed, with either State Senator Paul Boyer (R-Glendale) alone or State Senator Michelle Ugenti-Rita (R-Scottsdale) joining him to kill the bills.
The #AzSen just passed SB1720 – a fix to the PC issue but sans the emergency clause. Just one Democrat voted for it – @seanbowie@FannKfann asks, “What would Sen. Bradley do?”
SB1259, increasing the minimum number of precincts included in post-election hand counts, as well as allowing an Arizona resident or the attorney general, secretary of state, or legislative council to request a recount.
SB1329, requiring county recorders or lead election officials to post online the number of early ballots returned on election day.
SB1362, allowing voters to have their early ballot tabulated on site at a polling place or voting center, so long as they present an ID.
SB1460, allowing voters to receive a standard ballot at a polling place even if they received an early ballot previously, so long as no record of their vote existed in the election system.
Six bills failed narrowly, 15-14, with Boyer being the sole Republican to vote against them:
SB1055, rendering election equipment or services contractors liable for damages and guilty of a class 2 misdemeanor if they fail to fulfill the terms of the contract.
SB1056, invalidating ballots not included in chain of custody documentation and making it a class 2 misdemeanor to knowingly put a ballot into the collection, verification, or tabulation process outside of the official chain of custody.
SB1360, allowing election observers the right to observe, document, and question all stages of the election process.
SB1465, requiring the secretary of state to revoke certification for election equipment that doesn’t meet outlined requirements, and requiring at least one member of the Equipment Certification Advisory Committee to hold a cybersecurity certification. The Senate approved a motion to reconsider the bill from its sponsor, State Senator Wendy Rogers (R-Flagstaff).
SB1577, requiring county recorders or other lead election officials to separate and record duplicated and adjudicated ballots by their type and defect or damage, compiled in a report submitted to the legislature.
SB1609, requiring a court to order an election to be repeated within 90 days if a contested ballot measure or candidate didn’t receive the highest number of votes.
— Paul "nothing but trouble" Boyer (@PaulDBoyer) March 14, 2022
On five bills, Ugenti-Rita joined Boyer and Senate Democrats to vote “no”:
SB1359, requiring unique election system passwords for election employees, volunteers, and contractors.
SB1457, requiring the secretary of state to ensure that vote recording, tabulating machines and devices meet certain security standards, don’t have internet connectivity, and may track users with unique login credentials.
SB1476, requiring ballots to be consecutively numbered with a unique number, and requiring chain of custody documents or logs to track ballots.
SB1570, implementing additional voting equipment chain of custody requirements such as access restricted to authorized election personnel, tamper-proof seals for accessible ports, and chain of custody logging, as well as prohibiting voting equipment from having internet access capabilities.
SB1572, requiring county recorders to publish a list of eligible voters on their website 10 days before primary and general elections, as well as all ballot images and sortable cast-vote records, and requiring all ballots to be separated and tabulated by precinct.
Ugenti-Rita is campaigning for secretary of state this year.
. @PaulDBoyer kills a bill that would require passwords to be unique on tabulation equipment@MichelleUgenti votes No also – – – hoping this means we will see it back
This bill is very simple and the language was modified to serve the counties#SB1359
— Merissa Hamilton 🗳 ⛽🗽 (@merissahamilton) March 14, 2022
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
