Abe Hamadeh argued for a new trial on Tuesday before the Mohave County Superior Court.
The judge, Lee Jantzen, seemed interested in sampling the evidence presented by Hamadeh’s team in the case, Boyd v. Mayes, despite multiple objections from opposition. Arguments presented by the opposition — the attorney general, secretary of state, and Maricopa and Pima counties — mainly focused on the amount of time that’s transpired since the election and Hamadeh’s December trial. Arguments presented by Hamadeh’s team focused on evidence of allegedly disenfranchised voters, claiming that hundreds of “lost” (uncounted) votes from undervotes and provisional ballots proved that Hamadeh won the race.
Lawyers present for the oral arguments included former assistant attorney general Jen Wright, State Rep. Alex Kolodin (R-LD03), and James Sabalos for Hamadeh; Alexis Danneman and Paul Eckstein for Attorney General Kris Mayes; Craig Morgan for Secretary of State Adrian Fontes; Daniel Jurkowitz for Pima County; and Joseph La Rue for Maricopa County.
Sabalos opened up the oral arguments, quoting Thomas Jefferson and summarizing general discoveries in the course of their months-long review of voter data as a precursor to Wright’s arguments.
“We do not have a government by the majority; we have a government by the majority who vote,” quoted Sabalos.
Sabalos insisted their case wasn’t about fraud, but about the evidence and facts supporting the reality of Hamadeh as the winner of last November’s election contest. He claimed that Gov. Katie Hobbs, in her former capacity as secretary of state, was aware of and neglected to immediately publicize 63 Pinal County undervotes that lent to Hamadeh’s claims last December of lost votes.
Sabalos said this intentional concealment of facts served to handicap their team’s due diligence of reviewing election data for the courts. Sabalos further claimed that there were 76,339 votes counted as undervotes in the attorney general’s contest. Of the approximately 2,000 ballots they inspected, 14 were misread (.61 percent). With that percentage applied to the larger total of undervotes statewide, Sabalos said that amounted to 466 or more votes — more than the 288-vote lead Mayes holds over Hamadeh.
Sabalos then claimed that there were uncounted provisional ballots that constituted legal votes, and that the majority of those would’ve turned in favor of Hamadeh.
“We don’t come today with hyperbole or speculation. We come with some reasonably solid evidence, and we need a heck of a lot more for this judge and this court to get its hands around,” said Sabalos.
Wright followed up Sabalos’ arguments by first focusing on Hobbs. She said that Hobbs didn’t fulfill her duty of being a neutral, nominal party, since Hobbs argued heavily that Hamadeh had no evidence to support his claims, while allegedly knowing of the dozens of undervotes recovered during the recount, and pushed for his case to be dismissed. Wright further noted that Maricopa County Elections Director Scott Jarrett admitted during the December trial that he wasn’t sure why certain votes weren’t counted, and instead counted as undervotes.
Wright expanded on Sabalos’ claim of the 63 undervotes, noting that they were counted as valid during the recount. Wright asserted that Hobbs knew of this fact, which she said rendered Hamadeh’s claims during the December trial valid. Wright also dismissed Hobbs’ claim that she was under an order preventing her from disclosing the undervotes, since the order only applied to counties discussing the recount results from vote totals. Wright claimed that the judge would’ve permitted Hamadeh a review of the evidence had Hobbs been forthright all those months ago.
“I find it questionable that a government agent would take support of or opposition to a candidate in an election contest,” said Wright.
Wright further noted that Hamadeh was unable to obtain the provisional ballot data from Maricopa County until days after the trial occurred, further hindering his ability to meet statutory deadlines.
When Wright attempted to discuss the evidentiary numbers on undervotes, both Mayes and Fontes’ legal teams raised objections. The judge overruled their objections, however.
Wright claimed that their team interviewed hundreds of high-propensity voters affected by statewide computer system changes, which allegedly altered their registration address without their consent and therefore deprived them of the right to vote. She claimed that over 1,100 Election Day provisional voters were disenfranchised.
Election Day votes went overwhelmingly for Hamadeh: over 69 percent to nearly 29 percent for Mayes. Wright said that this would mean about 760 of provisional ballots would be for Hamadeh, and 316 for Mayes. By Wright’s math, Hamadeh would prevail on the provisional ballot issue alone by 165 votes.
Wright further noted that their team had collected sworn affidavits of hundreds of voters claiming disenfranchisement due to bureaucratic failures. When she attempted to read the account of one allegedly disenfranchised voter, Mayes’ team raised an objection. The judge promptly overruled.
The allegedly disenfranchised Maricopa County voter, Marlena, attempted to vote on Election Day but was denied. Marlena had reportedly experienced issues with the county’s registration system for months: earlier that year, she discovered that her registration had changed without her knowledge and consent. Wright presented evidence that on October 10, 2022, Marlena attempted to correct her voter registration before the deadline. Wright also presented evidence from Maricopa County confirming Marlena’s registration. Yet, she was denied on Election Day.
Danneman, Mayes’ lawyer, said Hamadeh’s claims were speculative and based on unsworn opinions. She emphasized repeatedly the timeliness of his contest, noting that it has been over five months since the December trial and that their team could only present an argument that they needed more time to look for votes.
Danneman further rejected the argument that Hamadeh should be granted a new trial to undertake further investigation. She said that evidence must be material, in existence at the time of trial, and not be discovered with reasonable diligence.
She added that Hamadeh’s request for a more complete ballot inspection proved there wasn’t any newly-discovered evidence warranting a new trial.
The provisional voters list didn’t hold much weight in Danneman’s view. She claimed Hamadeh was undertaking a “fishing expedition” for evidence, which she pointed out was prohibited by court precedent.
“This list of names proves nothing,” said Danneman. “The plaintiffs had their day in court.”
Morgan, with Fontes, added that it was “long past time” for this election contest to end. He said that Hamadeh’s challenge impugns the validity of election processes as well as the integrity of election officials.
La Rue with Maricopa County concurred. Jurkowitz with Pima County argued further that statute time bars any further contest.
Following the hearing, Hamadeh expressed optimism that the oral arguments ultimately were in his favor.
As the border crisis continues to worsen after the end of Title 42, Arizona House Republicans are crying out for action and assistance.
Last week, Arizona House Republicans used the Title 42 news from the border to highlight the need for more federal and state efforts to enforce the nation’s laws and defend innocent American families and communities. The House Republican Majority issued a statement demanding that “federal leaders end the border crisis and protect states.” Then five Representatives sent a letter to Democrat Governor Katie Hobbs, “urging her to take immediate action and activate all available state resources to keep communities safe from the dangerous and unprecedented threats presented by an unsecure southern border.”
In the statement to the federal government, the House Majority leaders shared what Arizona had enacted to secure the border over the past three fiscal years:
🚨FOR IMMEDIATE RELEASE🚨
Arizona House Republicans Demand Federal Leaders End Border Crisis, Protect States
"With each passing day, illegal immigration grows, more deadly fentanyl pours through our borders, more young girls are pushed into border-related sex trafficking, and… pic.twitter.com/Ysk2Tq4UJk
— Arizona House Republicans (@AZHouseGOP) May 11, 2023
“In 2021, House Republicans passed a Border Security Fund, which was used to help prevent human trafficking and illegal entry into the country, to solidify infrastructure, aid local prosecution efforts, and other necessary activities to protect Arizona citizens.
Last year we put over $500 million into the fund and allocated over $209 million for a variety of state and local border enforcement activities. About $240 million remains in the fund, which the state can use to counteract the federal government’s negligence on the border and the harm it has in our communities.
In the new state budget passed this week, we included:
– Maintaining a $30 million program that provides additional support to local law enforcement facing border-related crimes. (Border Drug and Interdiction Fund; Local Border Support – formerly known as the Border Strike Force)
– Adding $10 million to human trafficking prevention efforts.
– Adding $3 million for additional fentanyl prosecution efforts.”
In the letter to Governor Hobbs, the state representatives (Gail Griffin, Tim Dunn, Lupe Diaz, Michael Carbone, and Michele Peña) referenced former Arizona Attorney General Mark Brnovich’s legal opinion on “the federal government’s failure to uphold its duty to defend the States from invasion;” and a May 2022 Arizona House Legislative Proclamation, declaring that “an uncontrolled border is a security and humanitarian crisis,” and that “the smuggling of illegal drugs, weapons, and human beings poses a direct threat to our communities and innocent Americans.”
— Arizona House Republicans (@AZHouseGOP) May 12, 2023
The five lawmakers wrote that “the State of Emergency in Arizona’s border counties that former Governor Ducey declared on April 20, 2021, is still in effect and continues as long as these conditions exist. And over $240 million remains in the Border Security Fund, which the Legislature established to prevent illegal entry into the country, solidify infrastructure, and combat other harms at the border.” They requested the governor “take immediate action and activate all available state resources to keep our communities safe from these dangerous and unprecedented threats.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The 2024 Presidential Primary is already testing the unity of the Arizona Republican Party as former and current officials take sides months ahead of the state’s preference election.
Late last week, a group of Arizona Republicans wrote a letter to Florida Governor Ron DeSantis, asking him “to seek the presidential nomination of our Grand Old Party.” The letter came as DeSantis was embarking on a high-profile to the important primary state of Iowa and as rumors have indicated he may be close to jumping into the presidential race on the Republican side.
The letter, entitled “Arizona Republicans Ready to Win in 2024,” was headlined by Speaker of the House Ben Toma, and former East Valley Congressman Matt Salmon. House Majority Whip Teresa Martinez, Senator Ken Bennett, Senator Frank Carroll, Senator Steve Kaiser, Senator J.D. Mesnard, Senator TJ Shope, Representative David Cook, Representative Lupe Diaz, Representative Kevin Payne, Representative Beverly Pingerelli, Representative Justin Wilmeth, City Councilwoman Vicki Gillis; and former officials Frank Riggs, Shawnna Bolick, Regina Cobb, Jeff Dial, Sandra Dowling, Nora Ellen, Eddie Farnsworth, Robert Garcia, Rick Gray, Vince Leach, Jeff Weninger, and Steve Yarbrough.
The plea for DeSantis to join the presidential field was driven by the “damage being done to (Arizona) by the reckless policies of the Biden Administration.” The officials highlighted “the strains that open borders are placing on (Arizona’s) health, education, and public welfare systems;” “reckless overspending” and “rampant inflation;” “liberal attacks on our first responders and public safety programs;” America’s deteriorating “standing in the world;” and “political correctness and its many cousins, like censorship, Critical Race Theory, SEL, ESG scores.”
After listing the primary areas where President Joe Biden’s policies are bringing harm to their state, the Arizona signatories wrote, “These are just a few of the many reasons why Republicans must retake the White House in 2024 and why we must be led in that effort by someone who knows right from wrong, is not afraid to speak truth to power, will not be bullied by the left or their accomplices in the media, who has a track record of successful governance, and who can assemble the required national coalition of voters needed to win the Presidency and bring along strong majorities in the House and Senate.”
They added, “We believe you are the right candidate at the right time, with the required combination of personal attributes we will require to unite our passionate party.”
If DeSantis joins the growing list of Republican contenders for the White House, these Republican endorsements of his candidacy will be vital in a state that has featured some of the top national supporters of former President Donald J. Trump from 2015 to present. When Arizona Republicans voted in the March 2016 Presidential Preference Election, the top two candidates at that stage in the national endeavor for the most delegates were Trump and U.S. Senator Ted Cruz. Trump beat out Cruz by almost 7,000 votes. The eventual nominee for the Democrats, Hillary Clinton, handily defeated U.S. Senator Bernie Sanders in the Grand Canyon State.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On Monday, the Biden administration announced that Mohave Valley Elementary School District received over $586,000 for mental health program funding. The funds will pay for up to 22 new positions.
This latest round of funding was part of over $95 million issued across 35 states. In total, the Department of Education (ED) has awarded $286 million to 264 grantees in 48 states for mental health programs.
The funding originated from the Bipartisan Safer Communities Act (BSCA) enacted last June as part of the Biden administration’s National Mental Health Strategy. The BSCA’s primary initial purpose was to reduce gun violence in schools and surrounding communities.
Last September, the Biden administration issued nearly $1 billion through BSCA for more mental health program funding. Arizona received an allocation of over $20.8 million.
The Biden administration also issued $122 billion in American Rescue Plan Act (ARPA) funding to hire more school psychologists, counselors, and mental health professionals in K-12 schools. ED reported that, compared to pre-pandemic staffing numbers, school social workers have increased by 48 percent, school counselors have increased by 10 percent, school nurses have increased 42 percent, and school psychologists have increased 10 percent.
The Biden administration earmarked these funds for “high-need” local education agencies (LEAs), such as those with high rates of poverty as well as high student-to-mental health professional ratio, high rates of chronic absenteeism, exclusionary discipline (e.g. suspension, expulsion, seclusion, or restraint), referrals to the juvenile justice system, bullying or harassment, community and school violence, or substance use. High-need could also include those who experienced a natural or man-made disaster, or a traumatic event.
Buried within the ED guidance on usage of these funds, the agency encouraged a total overhaul of traditional disciplinary practices.
“Rather than focusing on changing behavior through punishment or removal from the learning environment, school leaders should consider adopting practices that will help educators support students by identifying the root cause of the behavior and developing effective strategies to eliminate or mitigate it,” stated ED. “Building a school culture of curiosity and growth mindset that prioritizes solution-based thinking may encourage pro-social behavior.”
Some of the punishment alternatives included “art program, mindfulness, and body movement activities.” ED also suggested that non-violent behavior be met with conflict resolution training and programs rather than exclusionary discipline.
The Biden administration left it up to each state’s education authority to determine what constituted “high need.” However, the administration noted that the state may require LEAs to describe how they promote meaningful cultural and linguistic engagement. ED further noted that school-based violence prevention programs must be “culturally affirming” in addition to supporting positive relationships, resilience, self-control, empathy, and persistence.
“SEAs may also require LEAs to describe their process for meaningful culturally and linguistically centered student, parent, family, educator, staff, and community engagement and evidence of how that engagement informed their school safety and climate plans, related policies, and strategies,” stated ED.
The ED noted that the permitted use of funds wasn’t limited to improving students’ mental health. ED noted that permitted fund usage included educator and school staff surveys, convenings, and educator outreach efforts.
ED also encouraged funds to be used to prevent and address identity-based bullying. The Biden administration now recognizes sexual orientation and gender identity as protected classes under anti-discrimination law.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Arizona taxpayers are going to get some extra cash for the holidays thanks to Republicans giving back from this fiscal year’s budget.
Included in the Fiscal Year 2023 Arizona Budget was the insertion of the Arizona Families Tax Rebate. According to a release from Arizona Freedom Caucus Chairman and Senator Jake Hoffman, “Arizona families can expect to receive one-time tax rebates of up to $750 for qualifying households. Those with dependents under the age of 17 will receive $250 per dependent, or those with dependents 17 and older will receive $100 per dependent, capped at three dependents. Households must have a tax liability of at least $1 in order to be eligible. This criterion is based off of 2021 state tax returns.”
FOR IMMEDIATE RELEASE: Senator Jake Hoffman Celebrates the Passage of the Arizona Families Tax Rebate pic.twitter.com/1MWzypkBPc
Hoffman explained the motivation for the tax rebate, writing, “Gas, groceries, housing and energy prices have surged over the past three years since Democrats took control of the federal government. As a result, Arizona families are hurting while they attempt to pay for the most basic necessities each month, like putting food on the table, keeping a roof over their heads, paying medical bills, keeping the lights on and filling up their gas tanks. In the meantime, government is flush with cash and in the position to give back to our honest, hardworking taxpayers.”
“This is the first time in at least 30 years our state lawmakers have been able to step up to the plate to provide a tax rebate of this magnitude for our citizens,” said Hoffman. “I’m proud of the leadership of the Arizona Freedom Caucus, and for the support of our Republican colleagues, to dedicate $260 million to helping struggling Arizona families. Despite the current economic uncertainty, the Arizona Freedom Caucus, and conservative Republicans at-large, remain fully committed to keeping Arizona free, vibrant, and prosperous for Arizona families, and all Arizonans, for generations to come. We hope this extra money will make life a little less stressful for our Arizona families as they approach the Christmas holiday season later this year.”
This tax rebate appeared to be the focus of discontentment from some Democrats at the state legislature. Earlier in the week, Representative Oscar De Los Santos took to Twitter to share his thoughts about the recently negotiated budget, saying, “Important context missing from AZ budget debate: Years of massive GOP corporate tax giveaways have resulted in AZ not having the resources – this year & in the future – we need to fund our schools, ensure housing & healthcare for all, solve the water crisis, and more.”
Important context missing from AZ budget debate: Years of massive GOP corporate tax giveaways have resulted in AZ not having the resources—this year & in the future—we need to fund our schools, ensure housing & healthcare for all, solve the water crisis, and more.
— Rep. Oscar De Los Santos (@os_delossantos) May 10, 2023
De Los Santos’ charge led Republican Representative Justin Heap to respond: “By ‘corporate tax giveaways’ do you mean the ‘Family Tax Rebate’ that will give every Arizona family with children a check? Leave it to Democrats to characterize giving some of their tax money back to Arizona families as ‘tax giveaway.’ It’s not our money, it’s theirs.”
By "corporate tax giveaways" do you mean the "Family Tax Rebate" that will give every Arizona family with children a check? Leave it to Democrats to characterize giving some of their tax money back to Arizona families as "tax giveaway." It's not our money, it's theirs.
— Az State Rep. Justin Heap (@azjustinheap) May 10, 2023
The pushback from Heap led another Democrat lawmaker, Representative Athena Salman, to add, “That’s false. Your rebate program leaves out families like mine who started and grew our families after 2022. Plus non-tax filers. Go read the bill, it’s short.”
That’s false. Your rebate program leaves out families like mine who started and grew our families after 2022. Plus non-tax filers. Go read the bill, it’s short.
Scot Mussi, the President of the Arizona Free Enterprise Club, told AZ Free News, “we were very pleased to see the budget not only be structurally balanced, but also return nearly $300 million back to taxpayers. That money belonged to hardworking families, and we are glad it’s getting returned to them.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The city of Tucson is looking into potential funding options to cover the $11 million it would take to keep public transit free every year from here on out.
Prior to this year, the city used federal COVID-19 relief funds to keep public transit fare-free. When the city first announced free busing back in March 2020, the city claimed that the purpose was to avoid crowding at the farebox in addition to providing fiscal relief to riders.
Bus fares were scheduled to resume on January 1 of this year; however, the city managed to source funding for these past six months.
City officials have also sourced enough funding for the next six months. For this upcoming round of subsidies, $2 million came from new hotel and motel taxes, $790,000 came from Tucson Medical Center revenue, and $600,000 came from Visit Tucson revenue. That totals just under $3.4 million.
However, community members are saying the three-year experiment in free public transit has proven much more of a burden than a help. Many have complained that the free transit essentially aids criminal behavior and facilitates public nuisances.
Bus driver union leaders expressed concern about quality control with fully-subsidized bus fare, particularly pointing out the homeless that ride the bus nonstop during the summers to avoid the heat. Teamsters Union 104 Business Manager Kevin Hampton told13 News that free busing threatened passenger and public safety.
“We don’t want our drivers to become the transit police,” said Hampton. “We’re more interested in finding long-term solutions to combat the reasons why people want to ride the bus all day.”
Passengers have complained to local outlets that the free busing allows “too many troublemakers” to board the buses.
Public safety activists like Josh Jacobsen with Tucson Crime Free Coalition allege that free busing has facilitated drug sales, trafficking, and even usage. Jacobsen also toldKVOA that the buses also serve as convenient getaways for robbers and thieves.
“The free buses are contributing to a lot of the movement of narcotics, specifically fentanyl around our community,” said Jacobsen. “There are a lot of reports of individuals using drugs on the free buses. And the free buses also play a large role in the organized retail theft of businesses around our community.”
In December, AZ Free News reported that the council felt they would have to shift the cost burden to taxpayers to cover bus fare. At the time, Mayor Regina Romero suggested additional parking garage fees, Councilwoman Lane Santa Cruz proposed an additional property tax.
The city also secured a financial partner for bus subsidization: defense manufacturing giant Raytheon. The city council noted that they were attempting to convince the University of Arizona and Tucson Unified School District to also join as funding partners.
Cost estimates for taxpayers to subsidize busing permanently ranged around $1 million a month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
