Kari Lake plans to appeal her lawsuit against governor-elect Katie Hobbs in her capacity as secretary of state and Maricopa County.
Maricopa County Superior Court declared in a ruling issued on Christmas Eve that Hobbs was governor-elect because Lake presented no “clear and convincing evidence” of election misconduct or fraud.
“[Election workers performed] their role with integrity. Not perfectly, as no system on this earth is perfect, but more than sufficient to comply with the law and conduct a valid election,” wrote Thompson.
My Election Case provided the world with evidence that proves our elections are run outside of the law. This Judge did not rule in our favor. However, for the sake of restoring faith and honesty in our elections, I will appeal his ruling.
On Monday, Maricopa County sought sanctions against Lake and her attorneys, Brian Blehm and Kurt Olsen. The trio could owe up to $696,000 to cover attorneys’ fees and costs incurred by the county and secretary of state’s office. The county asserted that Lake kept up a “sustained attack on Arizona’s elections” long before this recent election, and filed her lawsuit in bad faith.
The county cited a since-deleted tweet from Lake, which shared a report compiling claims from “legal experts” that Judge Peter Thompson’s ruling was “ghostwritten” by the likes of top Democratic election attorney and principal Russiagate figure Marc Elias and others.
Lake would be far from the first facing sanctions for disputing an election in recent years. There are at least three other parties with outstanding sanctions.
Prominent among Lake’s claims of election malfeasance were missing chain of custody documentation for Election Day ballots in violation of the Election Procedures Manual (EPM) and inducing Ballot On Demand (BOD) printer issues by using 19” instead of 20” ballots.
We know exactly how it occurred.
Somebody in Maricopa County either let it happen or made it happen.
Hopefully, the appeals court gives this damning admission the attention it deserves. https://t.co/WnAj29mFbL
Thompson preceded his 10-page court ruling by acknowledging voters’ “anger and frustration” over the “inconvenience and confusion” at vote centers, but issued a reminder that his duty was to weigh Lake’s claims and the actions of Maricopa County and the state against the law.
“[T]his Court’s duty is not solely to incline an ear to public outcry,” wrote Thompson.
In order to prevail, Lake needed to prove that alleged misconduct such as EPM violations and BOD irregularities were intentional, conducted by an officer making or participating in a canvass, intended to change the election outcome, and resulted in a change in the election outcome.
The ruling reviewed the testimonies of Lake’s witnesses: Mark Sonnenklar, a Republican National Committee election attorney; Heather Honey, a supply chain auditor and consultant; Clay Parikh, a Northrup Grumman cybersecurity expert; David Betencourt, a temporary technical election support employee (“T-Tech”) with Maricopa County; and Richard Baris, director of Big Data Poll.
With the exception of Honey, Thompson determined that these witnesses completely failed to relay personal knowledge of intentional or unintentional election misconduct. Honey testified that Runbeck Election Services employees introduced about 50 ballots of family members into the stream.
However, Thompson determined that Honey’s claims were insufficient to meet the burden of proof because these ballots weren’t clear and convincing evidence of affecting the election outcome. Thompson noted that Maricopa County in its testimony clarified that it only granted Runbeck permission to submit general public ballots, not those family member ballots.
“Every single witness before the Court disclaimed any personal knowledge of such misconduct. The Court cannot accept speculation or conjecture in place of clear and convincing evidence,” wrote Thompson.
Thompson declared further that Lake didn’t offer sufficient evidence to contradict the testimonies of Election Day director Scott Jarrett or County Recorder Stephen Richer.
In response to the ruling, Maricopa County Board of Supervisors Chair Bill Gates declared that Lake sought media attention, not a remedy to the election.
“Plaintiff Lake’s lawsuit was never about well-pled facts and evidence. Instead, it was the continuation of a made-for-TV tirade from a candidate who cannot or will not accept the fact that she lost,” said Gates. “Arizona courts have made it clear that frivolous political theater meant to undermine elections will not be tolerated.”
As if there are not already enough scams making the rounds, the U.S. Department of Health and Human Services is reporting that scammers are impersonating the Social Security Administration (SSA) in an effort to get SSA recipients to disclose private information that can be used to defraud the victims.
And the holidays are a good time for families to talk with elderly relatives about the risks, according to AARP’s Legal Counsel for the Elderly.
One thing that makes it difficult for family members or caregivers to learn an elderly person has been contacted by, or even fallen victim to, a scammer is that the victims “come from a generation typically raised to be private and taught to be kind and polite,” according to Amy Nofziger of the AARP Fraud Watch Network.
“They feel compelled to answer the doorbell, provide information when an authority figure requests it and feel uncomfortable hanging up on someone,” Nofziger says.
Scammers are using the names of actual SSA employees to send recipients what appears to be an official letter. The letter invites the recipients to call a toll-free number to activate an increase in their SSA benefits, including claiming a cost-of-living adjustment.
Other targets of the scam have reported receiving an email or text message with a “click here” link to learn more about available SSA benefits. But what the scammers really want is to obtain a recipient’s personal information such as SSN, date of birth, or banking information which can then be used for illegal purposes.
Behavior often engaged in by SSA scammers includes:
Threatens to suspend your Social Security number
Warns of impending arrest or litigation
Pressures you to confirm or provide personal information
Promises to increase your SSA benefits for a fee
Demands immediate payment
Insists on secrecy
Threatens to seize your bank account or investments
Says you must decide immediately
Anyone who receives a suspicious call, text message, email, or letter can contact AARP’s Fraud Watch at 877-908-3360. Additional information on how to protect against scams is available here.
Meanwhile, contact your local law enforcement agency if you or someone you know already fell victim to a scam by revealing personal information or you were tricked into making a payment for an unreceived service.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
The Maricopa County Sheriff’s Office (MCSO) issued a jolly video telling the story of how “Santa” received their help with delivering toys after his sleigh broke down.
“Unfortunately, Triple Elf was not available for roadside service,” quipped the narrator.
The video follows MCSO Santa’s adventure as he borrows an MCSO bicycle, then horse, a “reindeer with wheels” (quad), a patrol car, a boat, and finally a tactical vehicle.
At one point, Santa had trouble mounting the horse, which the narrator attributed to consuming too much milk and cookies last year.
“Santa soon realized that indulging in all the milk and cookies from last year may have been a mistake,” observed the narrator.
There's nothing Santa loves more than delivering gifts to the good children of Maricopa County. We were glad to help him on his way! 🎁🧸 Happy Holidays from the Maricopa County Sheriff's Office. 🎄✨ https://t.co/9q1Mu1Djgohttps://t.co/R3oq2hmDSV
Then, Santa landed on the “naughty list” for speeding. The narrator explained that Santa made an honest mistake, as he usually “moves at the speed of light.” However, the officer came to Santa’s rescue by offering his patrol car in exchange for the quad.
To avoid rush hour in the car, Santa then borrowed an MCSO boat. Yet, the dilemma of wet and lost presents on the lake posed another issue — that’s when the SWAT team came to the rescue with their tactical vehicle.
That final mode of transportation proved to be the right fit for Santa, ensuring a successful delivery of presents.
“Santa was drawn to the red lights on the vehicle that reminded him so much of his beloved Rudolph,” stated the narrator. “Santa hopped in and went on to deliver every one of those presents on time, ensuring a happy and Merry Christmas for the children of Maricopa County.”
In addition to filming Christmas stories for the county’s children, MCSO has been busy with other initiatives to spread holiday cheer. This week, MCSO’s Hard Knocks High School (HKHS) for juvenile inmates crafted blankets for homeless Tucson students.
“HKHS students are learning ways they can participate in community service events, such as making blankets for children,” explained MCSO in a Facebook post. “The education department believes that students need to experience real-world community service opportunities in order to exercise civic responsibility.”
Earlier this month, MCSO also participated in their annual Shop With a Cop program. That event ensures children in families experiencing financial or other hardships have presents for Christmas, while working to improve relationships between youth and police.
Police serve as a chaperone and shopping buddy for the children. Sometimes, they will incorporate a meal, activity like a movie, or a visit from Santa into this special day.
Today, Sheriff Penzone and members of the MCSO team participated in a Shop with a Cop event in Mesa. This is an event that makes our day every time by seeing the children smiling, having fun, and enjoying their time with our staff! pic.twitter.com/JJV6AvSqRM
MSCO also highlighted one of its deputies for giving away over 180 skateboards to children in the community.
Tis the season for giving! And Deputy Rand has taken on that task like a pro. This year alone, he has given away more than 180 skateboards to children in the community. Pictured is Deputy Rand when he partnered with Rural Metro Fire to give out skateboards for Christmas! #FGFpic.twitter.com/wdrL4UwkGI
To ensure no Arizonans lose their Christmas cheer over stolen packages, MCSO published a video advising the community on how to prevent it.
In 2021, 210 million packages were stolen after delivery. We at MCSO want to help you avoid being a victim of porch piracy this holiday season with some quick,simple tips. pic.twitter.com/vrhp79YiMn
Finally, to kick off the month, MCSO participated in a Christmas parade.
Tonight members of the MCSO team and the MCSO Cadets participated in the APS Light Parade. Our float this year highlighted the MCSO MASH Unit!🐕 pic.twitter.com/JmEzD885VD
A fair housing ordinance enacted by the City of Tucson in September violates state law, and could result in the Arizona Treasurer withholding funds to the city if not repealed in 30 days.
That is the opinion issued Dec. 22 by the Arizona Attorney General’s Office (AGO) following an investigation undertaken in response to a complaint recently filed by State Rep. Ben Toma after Tucson passed Ordinance No. 11959 prohibiting discrimination in housing based on a person’s “lawful source of income.”
Toma, who is now the House Speaker-elect, filed what is known as a 1487 complaint over concerns that Tucson’s new ordinance violates longstanding federal and state fair housing laws.
Under Arizona’s existing fair housing law, a person “may not refuse to sell or rent after a bona fide offer has been made or refuse to negotiate for the sale or rental of or otherwise make unavailable or deny a dwelling to any person because of race, color, religion, sex, familial status or national origin.”
In addition, a person “may not discriminate against any person in the terms, conditions or privileges of sale or rental of a dwelling, or in providing services or facilities in connection with the sale or rental, because of race, color, religion, sex, familial status or national origin.”
One thing Deputy Solicitor General Michael Catlett notes in the AGO’s investigative report is that Arizona law does not include the right to be free from discrimination based on source of income. Whether such a protection is worthwhile – as city officials argued – was not considered by the AGO because the City of Tucson is 28 years too late in enacting such an ordinance, Catlett noted.
According to the 21-page AGO report, Tucson was given an option by the Arizona Legislature in 1992 to update its fair housing policies. One of the conditions was that any changes were completed by Jan. 1, 1995.
City officials, however, took no action by the deadline which makes the new ordinance inconsistent with Arizona law, Catlett determined. And if city officials do not repeal Ordinance 11959 within 30 days, the AGO “will notify the State Treasurer, who shall withhold state shared monies” in accordance with state law.
Toma called the AGO’s investigative report “an important check” on government.
“We are all bound by the laws of this state and the Constitution,” Toma said in response to the report. “If we hold this expectation for our citizens, then we should do the same for the government. It’s really that simple.”
Tucson has fallen victim to no-growth policies including “not in my back yard” advocates which has put the city in the position of not having enough housing for its citizens, according to Toma.
If Tucson wants to address the housing situation, “then it needs to look inward and remove the barriers that have caused its housing shortage,” Toma said.
And the solution, he added, is quite simple.
“Build more housing. That’s the only answer here.”
Tucson has 30 days to repeal Ordinance 11959. If the City does not repeal, then A.R.S. 41-194.01 requires the State Treasurer to withhold state shared monies until notified by the AGO that the city has come into compliance.
One question will be whether the attorney general’s report will be revised or even overturned by Attorney General-elect Kris Mayes, a Democrat, if she withstands the election challenge filed by Abe Hamadeh, the Republican nominee.
Because the city missed the 1995 deadline for enacting changes to its fair housing policy, the AGO did not address whether Ordinance 11959 and its protection based on lawful source of income is substantially equivalent to federal and state fair housing laws.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
Governor-elect Katie Hobbs’ endorsement for the new Arizona Democratic Party (ADP) chair indicates a deep party divide.
Hobbs endorsed Maricopa County Supervisor Steve Gallardo, a member of her transition team — but other top Democratic leaders endorsed the apparent successor, ADP Vice Chair Yolanda Bejarano. The announcement confirmed railbird talk that Hobbs’ transition team had someone in mind other than Bejarano.
As we look to the future, I know @Steve_Gallardo is the leader we need to build on our party’s winning momentum these last 4 years and ensure Arizona continues to elect Democrats who share our values and will turn our priorities into realities.
Hobbs appears to be attempting to gin up greater support for Gallardo. The outgoing secretary of state has issued public endorsements several times over the past few weeks. Additionally, two of her other transition team members — Valleywise Health Board Chairwoman Mary Rose Wilcox and Arizona Education Association (AEA) President Marisol Garcia — endorsed Gallardo.
The current chair, State Sen. Raquel Terán (LD-26), announced earlier this month that she wouldn’t seek re-election due to her appointment as Senate Minority Whip. A day later, Bejarano announced her candidacy in a since-deleted tweet. However, in the remaining tweet thread, Bejarano said that she could end the “dangerous agenda” of Republicans.
“And with Republicans doubling down on their dangerous agenda that has all but ended the right to an abortion, defunded our public schools, villainized immigrants instead of working to fix the system, and denied our fair and free elections, our work has never been more important,” wrote Bejarano.
In 2024, we have to win back the State House and State Senate and elect more Democrats to Congress, in addition to securing our U.S. Senate seat and Arizona’s 11 presidential electoral votes.
The coalition @AZDemParty + @MissionForAZ built in 2020 won races that many National Dems had written off.
As the next AZDems Chair, union organizer and Vice Chair @yolitorosentado will leverage this momentum to deliver even more wins for Dems across AZ. https://t.co/GXueIhz9LB
Bejarano is also the Communication Workers of America (CWA) union’s national legislative and policy field director.
Apart from Hobbs and her transition team, Gallardo’s endorsements came from former Arizona Senate President and Pinal County Supervisor Pete Rios, primaried State Rep. Cesar Chávez, UFCW Local 99 union, and the American Federation of State, County, and Municipal Employees (AFSCME) Arizona chapter.
Over the last few weeks, Gallardo has hit the media trail to inspire more support.
Gallardo is also a board member for the Phoenix Union High School District, and former board member for the Cartwright Elementary School District. Gallardo serves as the second vice chair of the County Supervisors’ Association. He is also on the Ryan White Planning Council and the Valley Metro Regional Transportation Advisory Board.
Prior to serving on the Maricopa County Board of Supervisors, Gallardo served for 10 years in the state legislature, going on to become House Minority Whip and then Senate Minority Whip. Gallardo also served as a campaign finance administrator in the Maricopa County Elections Department for 14 years, engaging in efforts to increase voter turnout.
Gallardo has also served on the Arizona Civil Right Advisory Board and the Maryvale Village Planning Committee, as well as been a member of the National Association of Latino Elected and Appointed Officials (NALEO), Labor Council for Latin American Advancement (LCLAA), and Mexican American Legal Defense and Education Fund (MALDEF).
In 2006, Gallardo chaired a ballot initiative that established minimum wage in Arizona. Since then, the state minimum wage has increased from $6.75 to $13.85 (starting Jan. 1). The federal minimum wage is $7.25.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
The largest wind energy project in the Western Hemisphere is one step closer to generating electricity for 3 million Americans after Pattern Energy received the final approval it needs from Arizona officials for a transmission line that will carry electricity from the New Mexico wind project to Arizona.
The Arizona Corporation Commission (ACC) recently gave its unanimous approval to the Certificate of Environmental Compatibility application for Pattern Energy’s 550-mile SunZia Transmission project. The transmission line will be the conduit for Pattern Energy’s own 3,500MW SunZia Wind facility being constructed across three central New Mexico counties.
The ACC certificate represents the completion of the Arizona permitting process for the ±525 kV high-voltage direct current (HVDC) transmission line that will enter Arizona from the east, running along the southern end of Graham and Greenlee counties before veering southwest through northern Cochise County.
The line will then head northwest through the far northeast corner of Pima County before heading on to Pinal County where the project ends. There are plans for a third party transmission line to then carry the electricity to the Palo Verde Hub.
Pattern Energy continues to work with the Bureau of Land Management (BLM) as well as local jurisdictions and stakeholders to finalize the remaining approvals needed to allow construction on the projects to begin on schedule in mid-2023. A Record of Decision from BLM is anticipated in April 2023, the key approval required prior to construction.
Those approvals will bring badly needed temporary and permanent jobs to Arizona, particularly in Cochise County and Pinal County. There will also be associated revenues such as for materials, equipment, fuel, and temporary housing.
“This project is of great economic benefit with more than 2,000 construction jobs and up to 150 permanent jobs, which for our rural communities is a lifeline,” said Mignonne Hollis, Executive Director of the Cochise County-based Arizona Regional Economic Development Foundation. “It’s vital for our county, which continues to see a decline in population, to have stable jobs come into our region.”
The SunZia wind and transmission project was first proposed in 2006 and received its first granted accepted rating from the Western Electricity Coordinating Council in 2011. Its first of many federal approvals came in 2015.
Since then, dozens of environmental and sustainability reviews have been conducted for the joint project, which will have a footprint in 13 counties between the two states.
Company officials say the combined SunZia Wind project and Transmission project comprise the largest renewable energy infrastructure project in U.S. history with a total privately-funded investment of more than $8 billion.
“The unanimous decision by the ACC to grant a Certificate of Environmental Compatibility for the SunZia Transmission line represents a major milestone towards the completion of this project,” said Mike Garland, CEO of Pattern Energy which owns the SunZia project. “Once complete these projects will combine to increase the reliability of the western grid, create good jobs, and bring millions of dollars in economic benefits to Arizona and New Mexico.”
The operational portfolio of California-based Pattern Energy includes 35 renewable energy facilities that use proven, best-in-class technology with an operating capacity of nearly 6,000 MW in the United States, Canada, Japan, and Mexico.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
