by Corinne Murdock | Dec 27, 2021 | News
By Corinne Murdock |
Cyber Ninjas will be a defendant in an ongoing case to access all records related to the Arizona Senate audit of the 2020 election, according to a court ruling last Wednesday. CEO Doug Logan was called to testify shortly after the ruling; his deposition is scheduled to take place January 5.
Maricopa County Superior Court Judge Michael Kemp asserted that Cyber Ninjas records were a matter of public record and characterized the company as an agent of the Arizona Senate. The plaintiff, American Oversight, had claimed that adequate relief wasn’t possible without adding Cyber Ninjas as a defendant because the company hadn’t turned over records requested.
“Cyber Ninjas possesses certain public records that the Senate Defendants are statutorily obligated to maintain and that the Senate Defendants have been ordered to produce in this matter. The Senate Defendants have made demand on Cyber Ninjas for those public records, but Cyber Ninjas has failed to provide them,” stated American Oversight. “In addition, Cyber Ninjas is properly joined because it is the custodian of certain public records, as was recently held in Cyber Ninjas, Inc. v. Hannah […] ‘Cyber Ninjas was properly joined as a necessary party in PNI’s special action because . . . as an agent of the Senate, it is alleged to be the sole custodian of records pertaining to the audit that are subject to disclosure under the PRL. In other words, joinder of Cyber Ninjas is necessary only because the Senate does not have the public records that are in Cyber Ninjas’ custody.’”
Logan requested to be added onto the case as an amicus party only, which Kemp denied.
American Oversight is an investigative and litigational organization that files open records requests. They first sued the Arizona Senate in May after not receiving their requested records on the election audit.
The latest court developments in American Oversight v. Karen came days after Cyber Ninjas presented additional findings on purported election integrity issues to Pima County. Cyber Ninjas was joined in their presentation by secretary of state candidate and State Representative Mark Finchem (R-Oro Valley).
Finchem read aloud a letter claimed to be from an anonymous Democrat whistleblower. The unidentified individual alleged that fellow Democrats added 35,000 votes to President Joe Biden’s totals in Pima County. The allegation described a secret meeting with the Pima County Democratic Party to embed the votes across the county, detailing spreadsheet plans that would avoid any audit suspicion by keeping fraudulent votes in groups of 1,000 and total votes below the entire voting population.
The Pima County Democratic Party derided the claims as lies and part of a grifting scheme.
Election night reports that Biden won Pima County by nearly ten points: 58.6 to former President Donald Trump’s 39.9 percent.
The current secretary of state, Katie Hobbs, has the complete opposite perspective of Finchem. In addition to dismissing Cyber Ninja’s claims outright — usually calling their audit work a “#fraudit” on Twitter — Hobbs proposed a slew of progressive election reforms in a letter submitted to the state legislature last week.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 26, 2021 | Economy, News
By Terri Jo Neff |
While many Arizona businesses see a productivity downturn over the holidays, small business owners know there is often little time for respite. And that is where the Arizona Small Business Development Center (AZSBDC) Network can be of help.
The AZSBDC Network works with small business owners to preserve and create small business jobs and revenue by helping launch, grow, and sustain businesses in every stage of development. There is also confidential support for small businesses seeking guidance on federal, state, and local contracting opportunities.
The free services offered by AZSBDC includes resource assistance, training programs, and free one-on-one counseling with specially trained advisors who have small business ownership and management experience. Several training programs are available each month on subjects from how to decide if being a small business owner is a right choice, to business plan development and review, and addressing cyber security issues for a small business.
Many of the training programs are provided online, while others are conducted in person at one of the 10 AZSBDC offices (Casa Grande, Flagstaff, Kingman, Phoenix, Prescott, Show Low, Sierra Vista, Thatcher, Tucson and Yuma) or multiple satellite offices located throughout the state. There are also some Spanish language programs.
Upcoming online subjects include:
Jan. 5 – Is a Small Business Right for Me?
Jan. 11 – 10 Steps to Starting a Business in AZ
Jan. 12 – 10 Steps to Cyber Secure Your Small Business
Jan. 19 – AZ Business Startup Clinic
AZSBDC can also assist with advice and resources for small business owners trying to navigate the ever-changing COVID-19 landscape. More information about the network of Small Business Development Centers in Arizona can be found at https://azsbdc.net/
by Corinne Murdock | Dec 24, 2021 | News
By Corinne Murdock |
Arizona law enforcement wanted to make sure this year’s Christmas was special for all the children in their communities; as always, they did so through “Shop With a Cop” programs. These annual events allow children from underprivileged or struggling families to shop alongside cops for Christmas presents. Local businesses and community members donate or volunteer time to make these events possible.
During a Shop With a Cop event, an officer will serve as a chaperone and shopping buddy for a child as they shop; sometimes, the events also incorporate a meal, activity like a movie, or even a visit from Santa. The intent of these events is to boost children’s morale while facilitating trust and confidence in police officers. Shop With a Cop also helps children practice good decision-making with their budget as they shop for themselves and their loved ones.
Law enforcement agencies that participated in a Shop With a Cop event this year included the Arizona Rangers, FBI Arizona, Arizona Department of Public Safety, Yavapai County Sheriff’s Office, Maricopa County Sheriff’s Office, Gila County Sheriff’s Office, Prescott Police Department, Prescott Valley Police Department, Chino Valley Police Department, Phoenix Police Department, Mesa Police Department, Goodyear Police Department, Surprise Police Department, Lake Havasu Police Department, Cottonwood Police Department, Tempe Police Department, Chandler Police Department, and Benson Police Department.
The Arizona Law Enforcement Outreach and Support (AZLEOS) helped coordinate the participation of various police departments in Shop With a Cop events.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 23, 2021 | News
By Terri Jo Neff |
The Arizona Independent Redistricting Commission (AIRC) adopted two maps on Wednesday that will define the state’s 9 Congressional and 30 Legislative districts for the next decade starting with 2022 elections.
But getting to that final vote involved some of the most contentious negotiations in the months-long redistricting process, and sent the commissioners into an executive session with their legal counsel. It was also marked by the AIRC’s two Democrats voting against ensuring the district numbering system follows state law.
Every decade the state’s congressional and legislative districts have to be redrawn based on the latest census population data and several goals, such as district shape, geographical features, respect for communities of interest, compliance with the federal Voting Rights Act, and potential competitiveness.
The fact Arizona has more registered Republicans than Democrats (and more registered non-party “Independent” voters than Democrats) also comes into play.
Wednesday’s approval of Arizona’s new Congressional District (CD) map -officially known as version 13.9- went smoothly enough in the morning. The map was unanimously approved by the commission’s two Republicans -David Mehl and Douglas York- and the two Democrats -Derrick Watchman and Shereen Lerner -along with Independent Chairwoman Erika Neuberg.
Under Arizona’s current CD map, five districts are represented by Democrats. But historical voting data shows the newly drawn CDs will give Democrats a partisan advantage in only three districts.
Republicans will now have a partisan advantage in four of the new districts and a negligible advantage in a fifth. The other CD is considered a toss-up.
However, once that vote was taken discord took over as the AIRC considered the makeup of the final Legislative District (LD) map.
The census data works out to approximately 238,000 residents for each of the 30 LDs, although state law allows a little give and take. All of the commissioners have proposed various revisions to draft maps since the process started in the spring, and it has not been uncommon for small changes to be proposed to a district boundary.
For example, Mehl and York were willing Wednesday to approve a tweak to the district boundaries of the Flagstaff – White Mountain area at the suggestion of Watchman and the Navajo Nation. Meanwhile, Lerner sought to change LD2, which represents a small portion of Maricopa County.
Lerner, who wanted to reduce the Republican advantage in the LD2, appeared to get frustrated with the lack of progress she was making. At one point she questioned the motives behind her colleagues’ consent to the Flagstaff – White Mountains change, suggesting the Republicans agreed to the revision due to improper partisan interest –to benefit a current lawmaker.
A closed door meeting was called with the AIRC’s attorney, after which the commissioners continued debating Lerner’s various changes for LD2. Then Mehl and York told Neuberg that if LD2 was changed, they wanted to revisit the boundaries of LD13, another district in Maricopa County.
The posturing did not set well with Neuberg. “I don’t have an appetite to go back and reopen each and every deliberative process we’ve done on each side,” the chairwoman said.
Neuberg eventually voted with the two Republicans to approve LD map version 16.1 once she recognized the Democrat commissioners were not going to change their position.
But the disharmony continued, carrying over into what should have been an obvious unanimous vote – to renumber LD5 on the final map to LD1 to comply with a state law which requires the LD representing Prescott to be LD1. Lerner and Watchman inexplicably voted against the motion.
The maps must still be formally certified by Arizona Secretary of State Katie Hobbs. There is also the possibility of legal challenges to one or more of the AIRC maps, particularly the Voting Rights Act considerations for Hispanic / Latinos and Native Americans.
Another concern is whether the various districts adequately match Citizen Voting Age Population by Race and Ethnicity data from the U.S. Census Bureau.
Previous legal challenges have led to the narrowing of what a court can consider. A court review can determine whether the AIRC followed the constitutionally mandated procedure and whether the AIRC adopted a final plan that satisfies substantive constitutional requirements.
If a judge were to order any changes to the process or a specific map, such a change could require tweaks to one or more other maps.
The final maps can be viewed here
by Corinne Murdock | Dec 22, 2021 | Education, News
By Corinne Murdock |
Arizona law affords students forced to quarantine by their schools for COVID-19 the right to court-appointed counsel at the expense of the state, according to Attorney General Mark Brnovich. In an opinion issued last Friday, Brnovich responded to an inquiry from State Senator Kelly Townsend (R-Mesa) on the issue.
The attorney general explained that schools relying on county health department quarantine or isolation protocol must also adhere to the requirement of counsel outlined in the same law:
“The court shall appoint counsel at state expense to represent a person or group of persons who is subject to isolation or quarantine pursuant to this article and who is not otherwise represented by counsel,” reads the law. “Representation by appointed counsel continues throughout the duration of the isolation or quarantine of the person or group of persons. The department or local health authority must provide adequate means of communication between the isolated or quarantined persons and their counsel.”
The law also stipulates that legal counsel must be acquired at state expense and last the duration of the isolation or quarantine.
In reference to mandatory quarantines for students exposed to COVID-19, Brnovich referenced the authority cited by the Maricopa County Department of Public Health (MCDPH) in their letter to communities in August. The letter cited MCDPH authority for student quarantines came from a statute which, in turn, cited the two statutes outlined by Brnovich granting legal counsel.
“When a county health department or public health services district is apprised that infectious or contagious disease exists within its jurisdiction, it shall immediately make an investigation. If the investigation discloses that the disease does exist, the county health department or public health services district may adopt quarantine and sanitary measures consistent with department rules and sections 36-788 and 36-789 to prevent the spread of the disease. The county health department or public health services district shall immediately notify the department of health services of the existence and nature of the disease and measures taken concerning it.”
Brnovich concluded that parents may seek a court order to lift the quarantine immediately, which would initiate the appointment of state-provided legal counsel to the student. A court would have 24 hours to hear the case, and 48 hours to submit its ruling. Counsel would also be available for parents petitioning to change quarantine conditions. In that case, a court would have 10 days to hold a hearing.
“[U]nder MCDPH’s quarantine requirements, which appear to be issued pursuant to A.R.S. § 36-788, MCDPH, through public schools, is mandating student quarantines without a court order. Once a parent or guardian receives the MCDPH letter requiring quarantine, the parent or guardian is entitled […] to immediately seek a court order lifting the quarantine,” wrote Brnovich. “And once a parent or guardian requests court review, A.R.S. § 36-789(M) requires the court to appoint counsel for the student at state expense. Similarly, if a parent or guardian files an action on behalf of the student challenging the conditions of a quarantine, the court is required to appoint counsel for the student at state expense.”
The attorney general noted that Arizona law doesn’t necessarily define “state expense.” He opined that the cost of counsel could fall on county health departments.
That wasn’t Kelly’s only request for Brnovich’s legal opinion as of late. The state senator requested Brnovich’s opinion on religious tests and denial of religious exemptions by employers.
An answer on Kelly’s latest question has yet to be published.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Dec 22, 2021 | News
By Terri Jo Neff |
Citing the importance of growing Arizona’s international presence, House Speaker Rusty Bowers hopes a new Ad Hoc Committee on International Affairs will enhance trade opportunities while also strengthening border security.
“The world is an ever-changing place, and it’s important that the State of Arizona be proactive to attract more commerce, education and culture to this beautiful state,” Bowers said this week in announcing formation of the ad hoc committee.
The committee co-chaired by Tim Dunn (R-LD13) and Rep. Cesar Chavez (D-LD15) will organize visits and joint events in Arizona with international dignitaries, while identifying and working with outside organizations to strengthen Arizona’s international relationships. Committee members will also conduct hearings related to foreign trade, international affairs, and border security.
“Whether it be trade, border security or tourism, this committee will be a key force in making Arizona safer and more prosperous,” said Dunn, an agri-businessman who chairs the House Committee on Land, Agriculture & Rural Affairs.
According to the Observatory of Economic Complexity, Arizona had $1.9 billion in trade exports and $2.38 billion in trade imports in September 2021. Between September 2020 and September 2021, exports increased by $327 million (20.7 percent) while imports increased by $221 million (10.2 percent).
For Chavez, international relationships are critical for growing the state’s business, trade, and education sectors.
“I’ve always believed that Arizona is the State of Opportunity because of what can be accomplished in a bipartisan manner,” Chavez said. “Through the work of this ad-hoc committee, I’m certain that we’ll give Arizona its well-deserved global presence.”
Dunn and Chavez will be joined on the committee by Reps. Regina Cobb (R-LD5), Diego Espinoza (D-LD19), Alma Hernandez (D-LD3), Steve Kaiser (R-LD15), Lorenzo Sierra (D-LD19), and Justin Wilmeth (R-LD15).
