Arizona’s leading legislative Republicans are taking the state’s Secretary of State to court in advance of the 2024 election cycle.
On Wednesday, the State Senate Republican Caucus announced that President Warren Petersen and House Speaker Ben Toma filed a challenge in Maricopa County Superior Court over the recently published Elections Procedures Manual (EPM), “requesting the court throw out a number of provisions in the EPM, which violate or conflict with current Arizona election laws.”
🚨 FOR IMMEDIATE RELEASE: President @votewarren Initiates Legal Action Against Secretary of State for Attempts to Disenfranchise Voters, Create New Election Laws through Elections Procedures Manual
“Both the Secretary and our Governor have a track record of not following the law. As a result, I’m taking action to protect the integrity of our elections,” said President Petersen. “This reckless EPM opens the door to unlawful activity and undermines the voter confidence measures Republican lawmakers have implemented over the years.”
Toma added, “The Arizona Legislature is taking steps necessary to protect the integrity of Arizona’s elections…. Secretary Fontes has exceeded his jurisdiction, using the EPM to exercise lawmaking powers that do not belong to him. Our lawsuit aims to halt this overreach and nullify the unlawful provisions in the manual to ensure a fair and lawful electoral process for all Arizonans.”
The #AZLeg is taking steps necessary to protect the integrity of Arizona's elections. Today, Senate President @votewarren and I filed a lawsuit against Secretary of State @Adrian_Fontes over his unlawful 2023 Election Procedures Manual, which flaunts rules that violate existing… pic.twitter.com/NCgaJH995K
The lawsuit, which was filed by attorneys of Statecraft PLLC and Snell & Wilmer L.L.P., asked the Superior Court for a preliminary injunction prohibiting the implementation or enforcement of the 2023 EPM to the extent it purports to:
Allow county recorders to merely move to inactive status – rather than cancel the registrations of – voters who affirmatively stated on juror questionnaires that they do not reside in the relevant county and have not responded within 35 days to a notice from the county recorder;
Prohibit county recorders from relying on information provided by third parties in determining whether there is reason to believe a registered voter is not a United States citizen;
Delay implementation of statutorily required maintenance of the active early voting list until January 2027;
Excuse mistakes or errors in the statutorily required registrations of paid or out-of-state ballot measure petition circulators;
Compel county boards of supervisors to reflexively vote to adopt only the returns provided by the election official when conducting a canvass; and
Authorize the Secretary of State to certify a statewide canvass that consists of returns of fewer than fifteen counties.
The legislative Republicans will have stiff opposition in court from the trio of statewide Democrats who were responsible for producing and approving this EPM: Secretary of State Adrian Fontes, Governor Katie Hobbs, and Attorney General Kris Mayes. When Fontes issued the 2023 EPM at the end of last year, he said, “Free, fair and secure elections have been this group’s commitment to the voter from the very beginning. This is what happens when a committed group of leaders comes together to serve their community. It’s good for our democracy and it’s good for Arizona.”
Governor Katie Hobbs, who preceded Fontes, said, “Partisan politics should have no role in how we run our elections. This EPM builds on the 2019 EPM and 2021 draft EPM from my tenure as Secretary of State and will ensure dedicated public servants from across the state will have the guidelines they need to administer free and fair elections. Together, we can protect our democracy and make sure every Arizonan has the opportunity to have their voice heard.”
As Secretary of State, Hobbs was required to finalize the EPM in 2021, but a divided government shared with Republican Governor Doug Ducey and Attorney General Mark Brnovich stymied the quest to secure a green light for the manual. Hobbs and Brnovich were also mired in an ongoing political feud, which resulted in legal bar charges that the Secretary of State brought against the state’s top prosecutor and several of his attorneys. After receiving Hobbs’ updated manual, Brnovich sued the SOS “to compel her production of a lawful EPM.” Brnovich alleged that “the SOS failed to provide the Governor and Attorney General with a lawful manual by October 1, 2021, as required, and instead included nearly one-hundred pages of provisions not permitted under the EPM statute.” The challenge from the former Attorney General was rendered unsuccessful, and the state was forced to revert to the previous cycle’s EPM (2019) to govern the 2022 races.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona’s Attorney General is standing with the state’s Senate President to protect the financial interests of families.
Last week, Attorney General Kris Mayes sent a letter to the IRS Commissioner, requesting the agency “reconsider its decision to tax the 2023 Arizona Families Tax Rebate.”
The IRS should reverse its stance on the Arizona Families Tax Rebate. Otherwise, my office will explore every legal option to keep these dollars in the pockets of Arizona taxpayers. My full letter to the IRS: https://t.co/izQoX66NqT
In a statement that accompanied her announcement, Mayes said, “The IRS should act promptly to reverse this decision and provide clear guidance to Arizona taxpayers as tax season nears. If they do not, my office is prepared to examine all legal avenues to ensure these dollars stay in the pockets of Arizona taxpayers.”
The news from the state Attorney General’s Office follows communication from Arizona Senate President Warren Petersen over this matter. Earlier this month, Petersen issued a press release to share that he was “working diligently to come to a resolution that will protect the more than 700,000 recipients from having to give the federal government a portion of [the rebate] this tax season.”
🚨 FOR IMMEDIATE RELEASE: Senate President @votewarren Works to Prevent Biden's IRS from Taking Advantage of "Arizona Families Tax Rebate" Recipients ⬇️ pic.twitter.com/Y2B2JisOvy
Petersen also thanked Mayes’ office for “reaching out to us on this matter,” though he cautioned that “litigation likely isn’t the best approach.”
In her letter to the IRS Commissioner, Mayes argued that “the full Tax Rebate should be excludable from federal tax under the general welfare exclusion,” and that “at a minimum, the Tax Rebate should be excluded from federal tax to the extent it does not exceed state taxes that were actually paid and that were not deducted from federal income.”
The state’s top cop pointed to past IRS guidance and states where the agency “determined to be excludable from federal tax in February 2023,” such as Alaska, California, Colorado, Delaware, Idaho, and Indiana. She added that different guidance from the IRS established other exclusions that benefited four states – Georgia, Massachusetts, South Carolina, and Virginia. In closing, Mayes wrote that “it would…be fundamentally arbitrary and inequitable to preclude Arizona and its taxpayers from relying on that guidance, particularly given the materially similar (and less restrictive) state programs that the IRS found to be nontaxable in whole or in part last year.”
Mayes asked for the IRS to reply to her letter “by return letter or through amended published guidance no later than February 6.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Arizona legislative Republicans are again standing with state attorneys general over an issue of national importance.
This week, both the Arizona State House and Senate Republican Caucuses announced that Speaker Ben Toma and President Warren Petersen had joined a letter to President Joe Biden, “urging (the administration) to either enforce our immigration laws and protect our southern border or get out of the way so Texas can.”
🚨 FOR IMMEDIATE RELEASE: Arizona Senate Republicans Stand in Solidarity with Texas' Efforts to Defend Itself Against Biden's Border Invasion@votewarren@ShawnnaLMBolick@AZSenatorShamp ⬇️⬇️⬇️
The letter to the White House follows an escalating disagreement between Texas state officials and the Biden Administration over enforcement of laws and allocation of resources pertaining to illegal immigration into that state. Both sides are looking to the Supreme Court of the United States to adjudicate this politically volatile dispute.
“Arizona is overwhelmed from the same dangers brought on by this invasion as Texas. Biden is literally dismantling our nation as we know it, allowing known terrorists and criminals to enter through our southern border with no consequences,” said President Petersen. “Since our Attorney General is not pushing back against the lawlessness Biden is promoting by working to destroy the border barriers Governor Abbott has built, the Legislature must speak out and stand in solidarity to support our neighbors.”
“Texas has every right to defend itself from the unprecedented flow of illegal immigration, drug trafficking, and countless threats at our southern border because of President Biden’s willful refusal to protect this nation,” said Speaker Ben Toma. “I stand with Governor Abbott and call on Governor Hobbs to follow his lead and invoke Arizona’s constitutional right to defend itself.”
“Texas has every right to defend itself from the unprecedented flow of illegal immigration, drug trafficking, and countless threats at our southern… pic.twitter.com/NP13xTfWzg
The letter that Petersen and Toma co-signed was led by the States of Iowa and Utah and joined by Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, New Hampshire, North Dakota, Ohio, Oklahoma, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, and Wyoming.
In their letter, the attorneys general and legislators write, “The federal government should be working to stop this crisis, but it is not. And the Constitution’s Guarantee Clause requires that the federal government do so. It must ‘protect each [State] against invasion.’ But it has abandoned its duty. Nothing in the Constitution stops Texas from stepping up and doing its part to protect itself, and in so doing also protecting States across the country. To those that contend this power belongs only in Congress, they should take that up with Speaker of the House Mike Johnson, who stands with Texas. By following the Constitution, Texas is doing what the federal government has failed to do.”
Over the past few months, the two Republican legislative leaders have signaled a more aggressive shift in taking the reins from Arizona Attorney General Kris Mayes to defend the law and Constitution. Attorneys general are not usually joined by outside parties on their amicus briefs or letters, yet multiple coalitions of Republican state prosecutors have included Petersen and Toma on several major filings. In previews for the 2024 legislative session, both the House and Senate Majority Caucuses indicated more of these efforts are to be expected throughout this year.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Reps. Andy Biggs (R-AZ-05), Paul Gosar (R-AZ-09), and Raúl Grijalva (D-AZ-07) were three out of less than 30 congressmen to push back against President Joe Biden’s bombing of Yemen.
Last week, the three men signed onto a bipartisan letter with 27 other members of Congress to declare that the military strikes were unauthorized, therefore unconstitutional, and that Biden required the consent of Congress to further engage.
“Article One of the Constitution is clear: Congress has the sole power to declare war and authorize U.S. military action,” stated the letter.
The congressmen argued that Biden only holds the authority to introduce U.S. forces into hostilities either after a declaration of war by Congress, after specific statutory authorization from Congress, or in a national emergency when the U.S. is under imminent attack.
Biden ordered the strikes earlier this month in response to Yemen-based Houthi militant attacks on U.S. military forces dating back to November. Biden’s letter to Congress announcing the strikes alleged that he had authority under the War Powers Resolution (WPR) of 1973.
Immediately following Biden’s letter to Congress, Biggs condemned the move as unconstitutional.
“[Biden] can’t unilaterally pull us into another war,” said Biggs. “Why does he want so many wars?”
Biden’s airstrikes in Yemen blatantly violate Article 1 of our Constitution.
Similarly, the congressmen contended in their letter that Biden proceeded under a selective reading of the WPR.
“The WPR of 1973 does not give blanket authority for a President to unilaterally involve U.S. military forces in a conflict if a President simply notifies Congress within 48 hours. The 48-hour reporting requirement only applies to a situation in which a President must act due to an attack or imminent attack against the United States,” read the letter.
However, the letter didn’t express any intent on applying punitive measures for the executive overreach. Rather, the letter concluded with a request for Biden to heed to their authority under the Constitution, with an offer to “debate” any war-making request by the administration.
The other members of Congress to sign onto the letter were Democratic Reps. Ro Khanna, Val Hoyle, Pramila Jayapal, Cori Bush, Jonathan Jackson, Summer Lee, Rashida Tlaib, Greg Casa, Ilhan Omar, James McGovern, Jesus “Chuy” Garcia, Eleanor Holmes Norton, Ayanna Presley, Nydia Velazquez, Alexandria Ocasio-Cortez, Delia Ramirez, Barbara Lee, Jamaal Bowman; and Republican Reps. Warren Davidson, Thomas Massie, Nancy Mace, Anna Paulina Luna, Marjorie Taylor Greene, and Harriet Hageman.
In another statement on Tuesday following the deaths of three troops in Jordan, Gosar again declared Biden lacked the authority to bring the U.S. into a foreign conflict.
“Biden does not have the authority to take us into war with Iran without Congressional approval,” said Gosar.
Biden does not have the authority to take us into war with Iran without Congressional approval.
Gosar further declared that Biden’s foreign policy was to blame for the three deaths.
“Biden bears full responsibility [for] the drone attack on our troops by recklessly reopening nuclear arms negotiations [with] Iran [and] giving them $6 billion [to] fund its military, refusing [to] enforce the Trump-imposed Iranian oil sanctions which has allowed Iran [to] rake in billions of profits,” said Gosar. “Biden also reversed the Trump-imposed freeze on millions of dollars that were diverted [to] Iran-sponsored terrorist activities.”
Biden bears full responsibility 4 the drone attack on our troops by recklessly reopening nuclear arms negotiations w/Iran & giving them $6 BILLION 2 fund its military, refusing 2 enforce the Trump-imposed Iranian oil sanctions which has allowed Iran 2 rake in billions in profits.…
Gov. Katie Hobbs has introduced legislation that would end the entirety of Arizona’s school choice program come 2032.
On Monday, Hobbs announced the release of the bill, part of a forthcoming package, to bring to heel and then end the Empowerment Scholarship Account (ESA) program.
In the press release announcing the legislation, neither Hobbs nor Democratic leaders mentioned the provision ending the entire ESA Program: both the universal and special education components. The coalition characterized the legislation as containing accountability and transparency measures.
As justification for the legislation, the governor repeated claims of misused ESA funding that have been debunked by Arizona Department of Education (ADE) officials.
“Arizonans deserve to know their taxpayer dollars are being spent giving Arizona children the education they deserve, not on luxury car driving lessons, ski trips, and water park passes,” said Hobbs. “We must bring accountability and transparency to the ESA program.”
The bill, SB1399, was introduced by Sen. Minority Leader Mitzi Epstein (D-LD12). Under the bill, the ESA Program would end on July 1, 2032 unless continued by an act of the legislature approved by the governor.
The bill also would:
Require educators at ESA-funded schools to have a higher education; at least three years of teaching experience; and specialized skills, knowledge, or expertise related to the subject matter of instruction
Require fingerprinting and background checks for ESA-funded educators and tutors
Prohibit sales of items purchased using ESA funds
Require preapproval of transactions of $500 or more
Require the purchase of the least-expensive version of educational goods or services
Require ADE to disclose the legal rights waived by admission to the program
Require ADE to estimate the funds needed for the ESA program for the upcoming fiscal year
Implement additional performance and fiscal reporting requirements for ESA-funded schools
Require ESA-funded schools to adhere to outside individualized education programs or Section 504 plans
Establish annual audits of ESA-funded schools
Establish a legislative committee review of the ESA program to determine its economy and efficiency, achievements and shortcomings
Epstein also didn’t mention the bill’s total eradication of the ESA Program. Rather, the senator indicated that her issue with the ESA Program concerned its universalization.
“The unaccountable government expansion of ESA vouchers has put our state’s financial security, and our students, at risk,” said Epstein. “These commonsense safeguards will be vitally important for giving Arizona children a safe and quality education, and bring the same accountability and oversight to ESAs that we expect for any taxpayer spending.”
Today, @GovernorHobbs joined Senate Democratic Leader @MitziEpstein and House Democratic Leader Lupe Contreras in introducing a package of bills that will increase accountability and transparency in the ESA voucher program.
Similarly, House Minority Leader Lupe Contreras (D-LD22) — anticipated to introduce mirror legislation soon — said that the legislation consisted of “basic standards” for transparency and accountability.
The governor put the legislature on notice of the forthcoming legislative package earlier this month.
The day after Hobbs dropped her legislation, ADE Superintendent Tom Horne released the latest data on the ESA Program. Horne reported a projected surplus of $28 million through the 2024 fiscal year, which ends in June.
Citing the projected surplus, Horne denounced the accusations from Hobbs and Democratic lawmakers that the state’s budget woes were attributable to the ESA Program expansion.
“Whatever budget issues state lawmakers are facing this year, they have not been created by the ESA program or any other aspect of basic state aid for education,” said Horne. “The fact there is a surplus in basic state aid, including the ESA program, demonstrates our commitment to good financial stewardship.”
Matt Beienburg of the Goldwater Institute, a major proponent of the ESA Program, said that Hobbs’ proposal constituted “an all-out assault” on students and their families as well as a “government takeover” of private schools.
“Building off Gov. Hobbs’s recent proposal to rip away 50,000 ESA scholarship awards, this legislation goes even further and would terminate the entire ESA program—including for students with special needs—before thousands of these children even complete their studies,” said Beienburg. “This legislation would impose a government takeover of private school tuition rates and operational decisions, attempting to destroy private education and parental autonomy, forcing thousands of families back into a system they’ve desperately tried to escape.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The 45th President of the United States proved, yet again, to be the Republican kingmaker in the Grand Canyon State.
After a sudden vacancy at the Republican Party of Arizona, former President Donald J. Trump broke his curious public silence over the politically volatile situation, endorsing a surprise contender, Gina Swoboda, for chair. Trump said, “Gina Swoboda has my Complete and Total Endorsement to be Chairwoman of the Republican Party of Arizona. She is an outstanding person with incredible passion for our Party, which she will quickly MAKE GREAT AGAIN! ARIZONA2024”
Many Republicans from different factions across the state quickly echoed the former President’s sentiments, throwing their support behind Swoboda. This flurry of activity and endorsements ended up giving Swoboda a massive victory at the annual party meeting on Saturday.
Once Swoboda secured her runaway win to become the next chair of the state Republican Party, she expressed her gratitude to Trump for his support. On “X,” Swoboda wrote, “Arizona is the key to the presidency. I was proud to have the support of President Trump in this victory to lead the AZGOP into the most important election of our lifetime. Now it’s time to turn out every last vote for the 47th President, DONALD J TRUMP!”
Arizona is the key to the presidency
I was proud to have the support of President Trump in this victory to lead the AZGOP into the most important election of our lifetime
Now it’s time to turn out every last vote for the 47th President, DONALD J TRUMP!https://t.co/ihDMpdMGQj
Karoline Leavitt, the National Press Secretary for the Trump Campaign, responded to Swoboda’s hat tip to the current frontrunner for the Republican nomination, saying, “Congratulations to the newly elected Trump-Endorsed Arizona GOP Chairwoman, Gina Swoboda!”
Swoboda’s ascension to AZGOP Chair appeared to come out of nowhere as the hours ticked away toward the annual meeting. After the chairman’s vacancy occurred, two competing slates quickly emerged for the job, and speculation indicated that one of the candidates may have, at the least, been inquiring about information for a challenge to the state party’s top spot – even before the opening. Trump’s endorsement then flipped the narrative and potential outcome, showing the party faithful and outside onlookers alike that his endorsement reigns supreme for State 48 Republicans.
The new Republican Chairwoman of the AZGOP will have her hands full this year as she attempts to lead her party back into the win columns during the November General Election. Securing Arizona’s eleven electoral votes for Trump will be top of mind for Swoboda, followed by competitive U.S. Senate and congressional races. She will also be expected to lead the Republicans to victory at the state legislature, ensuring that Democrats and Governor Katie Hobbs are held in check for the next two years. Additionally, the state Republican Party will likely weigh in on several key initiatives that are expected to appear on the ballot for voters, including abortion and election system reform.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
