by AZ Free News | Jul 13, 2021 | News
A State Grand Jury has indicted Tracey Kay McKee, of Scottsdale, with one count of Illegal Voting and one count of Perjury, for allegedly casting a vote in the name of a deceased person through an early ballot in the 2020 General Election.
The indictment alleges that McKee signed the name of a deceased individual to an early ballot envelope. McKee is the daughter of the deceased individual, who died on October 5, 2020. McKee is accused of signing her deceased mother’s name to a declaration made under penalty of perjury on an early ballot envelope on or between October 7, 2020, and November 3, 2020.
McKee’s next court appearance is set for August 11, 2021, in Maricopa County Superior Court.
by Terri Jo Neff | Jul 12, 2021 | News
By Terri Jo Neff |
Questions have been raised about a private law firm’s handling of a campaign finance violation investigation involving the Town of Gilbert’s recent mayoral race, while others are asking why the law firm was involved in the first place.
Last week an attorney with Fitzgibbons Law Offices reported to Gilbert Town Attorney Chris Payne that legal sufficiency does not exist to establish a violation of state election law with respect to dozens of campaign-related signs, despite a finding by the Phoenix City Clerk earlier this year of “reasonable cause” to believe a campaign finance violation occurred.
The law firm’s decision appears to have been made without reviewing bank records of the parties involved nor speaking to additional witnesses, a fact not sitting well with many in Gilbert and Maricopa County who support election integrity.
On Nov. 11, 2020, the Town of Gilbert received a complaint related to dozens of signs put up around town that were critical of Matt Nielsen, who lost to former city councilwoman Brigette Peterson in a mayoral runoff race.
Based on citizens’ statements and a private investigator’s report, none of the signs included “paid for by” or “authorized by” verbiage. Nielsen filed a campaign violation complaint alleging the Public Integrity Alliance Committee, headed by Tyler Montague, was involved with the anti-Nielsen signs. Public records show the committee was actively involved in supporting Peterson’s campaign.
The City of Phoenix handled the initial phase of the violation review to avoid the conflict of interest of having Gilbert town staff involved. In February, the Phoenix City Clerk announced there was “reasonable cause” to believe a campaign finance violation was committed in connection to the signs that Montague admitted paying for in cash and picking up at a print shop.
The second phase of the campaign finance complaint would normally have involved Town Attorney Chris Payne reviewing the reasonable cause report from the City of Phoenix in order to determine which state law had been violated.
However, town officials once again declared a conflict because Payne and his staff work at the pleasure of the town’s mayor and council. Instead of asking the Phoenix City Attorney or the Maricopa County Attorney’s Office to handle the second part of the investigation, town officials hired a private law firm to do the work; a law firm which needs to rely on Peterson’s approval for future business with the town.
During its investigation, attorneys for Fitzgibbons had access to a statement Montague provided the City of Phoenix in which he described seeing several of signs laying on the ground while driving by a polling place at the Gilbert Recreation Center on Nov. 3, Election Day.
According to Montague’s statement, he replaced four or five of the signs even though he did not originally place those signs. He also said he saw a woman remove the same signs he had just replaced and told her it was illegal to take down political signs without authorization.
The woman previously told a private investigator that the man told her she was committing a misdemeanor and she should not touch” his” signs. The man was identified as Montague through his license plate. He told the Phoenix clerk that his activities were not an operation of the Public Integrity Alliance Committee.
Once retained, a Fitzgibbons attorney issued a subpoena in March to the print shop where the anti-Nielsen signs were printed. In response, an invoice in Montague’s name was provided by the printer, who said Montague ordered and paid for the signs with $500 cash.
A subpoena was also issued to Montague seeking “all information related to the purchase of any signs pertaining to the 2020 election for the Mayor of the Town of Gilbert that reference Matt Nielsen. Such information shall include, but not be limited to, the name and contact information for any vendor that made such signs, purchase orders, receipts, wording included on the signs and any images of the signs.”
Montague replied again that the anti-Nielsen signs were not funded by himself or the Committee. He explained that the printer’s invoice ended up in Montague’s name only because he “volunteered to pick up those up for a friend who funded them. Public Integrity Alliance was not involved in any way.”
It should be noted that the invoice numbers for both Public Integrity Alliance’s sign purchases, as well as the order numbers for both purchases are sequential, indicating that the signs had been ordered at the same time and paid for at the same time.
In a July 6 report to Payne, Fitzgibbons attorney Tina Vannucci noted that ARS 16-925(A) states a “person that makes an expenditure for an advertisement or fund-raising solicitation, other than an individual, shall include [certain] disclosures in the advertisement or solicitation…”
Vannucci noted “there is not legal sufficiency” to establish that Montague acted in his capacity as President of the Committee, or on behalf of the Committee, or that the Committee purchased the signs at issue in the Complaint which were not properly labeled.” And because the statute specifically exempts individuals from the “paid for by” or “authorized by” language, if Montague was responsible for the signs at his own volition then he cannot be charged with the violation.
What is not mentioned in the Fitzgibbons report is whether Montague was asked who the “friend” was in the event that person was acting on behalf of a committee or other organization. In addition, there was no subpoena issued for bank records belonging to Montague and the Public Integrity Alliance Committee which may have revealed whether Montague received or requested reimbursement or petty cash for the anti-Nielsen signs.
The next meeting of the Gilbert town council has not been confirmed. It is unclear whether any formal action on the campaign complaint is necessary by the council, although the town will have to approve a bill at some point from Fitzgibbons for legal services.
by azfreenews1 | Jul 12, 2021 | News
By Terri Jo Neff |
Criticism continues to mount in response to comments by President Joe Biden earlier this month about public health professionals possibly going door-to-door across the country to encourage people to receive one of the COVID-19 vaccinations.
Arizona Congressman Andy Biggs joined with 31 other lawmakers who comprise the House Freedom Caucus in sending a letter to Biden last week, calling it “deeply disturbing” that the federal government may be in the process of tracking the private health information of millions of Americans. Other Arizonans in the House Freedom Caucus who signed the letter were Rep. Paul Gosar, Rep. Debbie Lesko, and Rep. David Schweikert.
“There is no scenario where the federal government should be actively entering communities and traveling door-to-door to pressure Americans to receive a vaccine,” the July 9 letter states. “COVID-19 vaccine information is widely available throughout the country, and Americans have every ability to decide for themselves whether or not they should receive a vaccine.”
The letter was prompted by the President’s July 6 comments about the possibility of members of the U.S. COVID-19 Response Team going ““community by community, neighborhood by neighborhood and oftentimes door-to-door, literally knocking on doors, to get help to the remaining people.”
The letter asks for a response by July 23 to a series of questions related to what activities the Biden Administration has undertaken, or plans to undertake, connected to vaccination databases.
Biggs, who chairs the House Freedom Caucus, made additional comments after the letter was sent.
“Instead of meddling in private medical decisions, the Biden administration should focus on addressing the border crisis, the rampant rise in inflation, and the crime wave that is plaguing American cities – all crises it created,” Biggs said. “The door-to-door spying on Americans is one more example of the burgeoning surveillance state by the national government.”
The House Freedom Caucus letter is just the latest criticism directed at Biden’s comments. Two more governors spoke out late last week about the suggestion of personal reach-out to unvaccinated Americans.
“The prospect of government vaccination teams showing up unannounced or unrequested at the door of ‘targeted’ homeowners or on their property will further deteriorate the public’s trust,” South Carolina Gov. Henry McMaster said in a statement.
In Missouri, Gov. Mike Parson tweeted that “sending government employees or agents door-to-door to compel vaccination” would not be an effective nor welcome strategy in his state.
But despite the criticism, the prospect of a “who has been vaccinated” database may not be difficult to create. The Centers for Disease Control & Prevention (CDC) have been behind a COVID-19 tracking smartphone app that was been promoted by tens of thousands of doctors and nurses.
Called v-safe, the app is described as an after-vaccination “health checker” which users register with to answer surveys about side effects and to report dates of vaccinations. Parents can also register dependents under their v-safe account.
“Your healthcare provider will give you an information sheet on v-safe that explains how to register and get started,” according to the CDC website. “Through v-safe, you can quickly tell CDC if you have any side effects after getting a COVID-19 vaccine. Depending on your answers to the web surveys, someone from CDC may call to check on you and get more information.”
As to the confidentiality of a v-safe user’s information, the CDC website notes that “to the extent v–safe uses existing information systems managed by CDC, FDA, and other federal agencies, the systems employ strict security measures appropriate for the data’s level of sensitivity.”
by Terri Jo Neff | Jul 11, 2021 | News
By Terri Jo Neff |
A state senator who also serves as treasurer for Secretary of State Katie Hobbs’ gubernatorial campaign remains under fire for a tweet he wrote Friday which many perceive as an insult of a foreign-born state lawmaker.
Sen. Martin Quezada (D-LD29) tweeted “This is what #WhiteNationalism looks like” with a finger pointing downward toward Rep. Quang Nguyen’s supportive retweet of Gov. Doug Ducey’s announced signing of legislation banning government-sponsored or funded Critical Race Theory instruction.
Among those who came to Nguyen’s defense was Rep. Justin Wilmeth (R-LD15) who called Nguyen “one of the most kind, funny and caring people in this country,” along with Rep. Shawnna Bolick (R-LD20) who reminded Quezada of their colleague’s history.
Nguyen (R-LD1) was born in Vietnam where several of his family members were killed by Communists. He fled to America as a child asylum applicant, later becoming a U.S. citizen and a successful businessman before his election to the Arizona House of Representatives in November 2020.
Known as a quiet and respectful lawmaker, Nguyen was vice-chair of the House Committee on Military Affairs & Public Safety. He was most animated during the session when talking about his daughter’s various experiences and achievements in the U.S. Navy.
But Nguyen garnered national headlines last month when he pushed back on a suggestion by Rep. Daniel Hernandez (D-LD2) that Communism is not as big of a threat to Americans as White Nationalism. After Hernandez finished, Nguyen spoke up and spoke out.
“So, let me tell you something about White Nationalism,” Nguyen said while looking over at Hernandez. “White Nationalism didn’t drown 250,000 Vietnamese in the South China sea. The Communists did. White Nationalism did not execute 86,000 South Vietnamese at the Fall of Saigon. Communists did. White Nationalism did not put me here. Communism did. So don’t take it lightly. Don’t mock me. Don’t mock what I go through in life.”
As of Saturday night, neither Hobbs nor Quezada had commented on the furor over the tweet.
Nguyen was the prime sponsor of HB2575 which mandates that hospitals offering in-person visitation must include clergy as approved visitors. If a hospital does not offer in-person visitation then hospital staff must facilitate virtual clergy visits. HB2575 cleared both chambers with bipartisan support and was signed by the governor in May.
by AZ Free News | Jul 11, 2021 | News
PHOENIX, AZ – A bill that provides tax relief to small business owners, sponsored by Rep. Joseph Chaplik, which passed with bipartisan support, was signed by Gov. Doug Ducey on Friday. The bill revises state tax structure for taxpayers and protects small business from over taxation by the federal government.
“As promised, I’m glad to help give small businesses the ability to keep more of their hard earned dollars in their pockets by deducting their state income taxes on their federal returns,” Rep. Chaplik told AZ Free News. “This offers them much needed tax relief after a difficult couple of years.”
HB 2838 will not impact the state general fund, but according to Chaplik, will “provide Arizona’s small businesses with more working capital and tax relief without having a negative fiscal impact to the state.”
Since 2017, 15 states, both red and blue alike, have adopted SALT-parity legislation, including Connecticut, Wisconsin, Oklahoma, Louisiana, Rhode Island, New Jersey, and Maryland. Under HB2838, Arizona would join those other states, providing small businesses significant potential tax savings.
The federal government is also on board. In November 2020, the Internal Revenue Service issued guidance (Notice 2020-75) that pass-through entity businesses may claim deductions above the $10,000 State and Local Tax (SALT) cap.
HB 2838 is revenue neutral, as the deduction reduces federal taxes owed. It has no negative fiscal impact on the General Fund revenues, and Arizona cities and towns.
by Terri Jo Neff | Jul 10, 2021 | News
By Terri Jo Neff |
Gov. Doug Ducey described bipartisan legislation which sought to strengthen the State Emergency Council “well intentioned,” but he vetoed the bill anyway on Friday.
Senate Bill 1719 was one of 24 bills transmitted to the governor’s desk June 30, the last day of the legislative session. It was the only one vetoed by Ducey, who believed changing the law related to the State Emergency Council “would add unneeded bureaucracy to the management of emergencies, especially wildfires.”
There are 12 voting members of the State Emergency Council which recommends rules, orders, policies, and procedures to the governor during a declared state of emergency. State law requires the Council to “monitor each emergency declared by the governor” as well as the activities and responses to the emergency.
The Council is also required to recommend to the governor or the legislature when it believes emergency conditions have stabilized and the emergency “is substantially contained.”
Currently, the Council can be convened by the director of the Arizona Division of Emergency Management if the governor “is inaccessible.” It can then issue a state of emergency proclamation if approved at by at least three members of the Council, at least one of whom must be an elected official.
However, the law makes no mention of what happens if an accessible governor fails to convene the Council.
SB1719 was introduced in January by Senate President Karen Fann and Senate Minority Leader Rebecca Rios to bipartisan support. It would have required a governor to convene the Council “on or before the fourteenth day after proclaiming a statewide state of emergency…and shall continue to convene the council at least once every fourteen days for the duration of the statewide state of emergency.”
Under the bill, a statewide state of emergency would terminate if the governor failed to convene the Council according to the ongoing 14-day timeline.
The House passed SB1719 on a 44 to 14 vote margin and the Senate unanimously passed it on a 29 to 0 vote. But Ducey vetoed the bill.
In a July 9 letter explaining his action, the governor wrote such a law was “unnecessary given the good and thoughtful reformed developed this session between my office and the legislature to ensure guard rails during future health emergencies, preventing the potential for the kind of extreme and job destroying measures that we saw in other placed around the country last year.”
The members of the State Emergency Council are: the governor, the secretary of state, the state attorney general, the Arizona Adjutant General, the director of the division of emergency management, the director of the department of transportation, the director of the department of health services, the director of environmental quality, the director of the Arizona Department of Public Safety, the director of the state’s department of agriculture, the director of the department of administration, and the director of water resources.
There are also two advisory members -the Senate President and the Speaker of the House- who may give advice to the other members of the State Emergency Council but who is not eligible to vote. SB1719 included a provision to add several other legislative leaders as advisory members.
