Arizona Free Enterprise Club (AFEC) is reveling in Friday’s Arizona Supreme Court ruling affirming that the attempt to get the Arizona Free and Fair Elections Act on the upcoming general election ballot as a voter initiative has failed.
“The ruling today vindicates what we knew all along: the radical Free and Fair election initiative lacked enough lawful signatures to qualify for the ballot,” AFEC President Scot Mussi said after the order was issued under Chief Justice Robert Brutinel’s name. “Arizona voters, the rule of law, and basic math were victorious today.”
What would have been known as Proposition 210 on the 2022 General Election ballot included numerous changes to state law drafted by the Arizona Democracy Resource Center (ADRC Action), such as a ban on legislative election audits and allowing election day voter registration.
AFEC took the lead in opposing the voter initiative, while some elections officials worried making that many hodge-podge changes to election and campaign finance laws at one time would have negative unintended consequences.
AFEC’s legal challenge alleged myriad problems with more than one-half of the 475,290 petition signatures submitted by ADRC Action. It ended with Brutinel’s order affirming Maricopa County Superior Court Judge Joseph Mikitish’s finding that the minimum 237,645 signature threshold was missed by 1,458 signatures.
The outcome is exactly what AFEC’s Mussi predicted. In a series of statements Friday, Mussi called out ADRC Action for the “rigged methodology” the group’s attorneys pushed the courts to use when calculating the number of valid signatures. He said the mathematic gymnastics was intended “to sneak their disqualified measure onto the ballot.”
“Their dubious formula cherry picked data that boosted their numbers, even including signatures that were disqualified by the counties in the random sample,” Mussi said. “None of their formula was rooted in statute or historical precedent and was a Hail-Mary attempt to resuscitate thousands of signatures that simply should not have counted.”
The justices ordered Arizona Secretary of State Katie Hobbs to rescind the prior determination that the initiative had qualified for the ballot.
AZ's Free and Fair Elections initiative would have made elections in AZ neither: it would have wiped away AZ’s important election safeguards and substituted them with radical, #HR1-style policies. 2/5https://t.co/MWNOrt2VFM
The Arizona Attorney General’s Office (AGO) has been reached an agreement to provide $400,000 to fund a new radio dispatch system for the Colorado City Police Department in an effort to improve emergency response times along the Arizona / Utah border.
Earlier this year, the Arizona State Legislature appropriated the funds to the AGO via House Bill 2862 for the express purpose of identifying ways to replace the outdated communication system relied on by police, fire, and EMS personnel in Colorado City, its sister city of Hildale, Utah, and surrounding areas of Mohave County.
“Every second counts during an emergency, so law enforcement requires efficient communication technology,” said Arizona Attorney General Mark Brnovich. “Our office is pleased to work with Colorado City’s police department to help ensure that its officers have the equipment needed to provide the fastest response times for residents of Northern Arizona.” Rep. Regina Cobb (R-Kingman) chaired the House Appropriations Committee which earmarked the funds. It was then up to Brnovich’s staff to work with Colorado City Police Chief Robb Radley to ensure the money is spent as intended no later than June 30, 2023.
“Reliable radio communications are critical to ensure an effective and timely response in emergency situations, especially in rural communities,” said Representative Regina Cobb, Chairwoman of the House Appropriations Committee. “I’ve been proud to work with Arizona Attorney General Mark Brnovich and his office to help secure this important public safety funding for the Colorado City Police Department.”
Among the provisions of the agreement is that the new radio system must meet at least minimum industry standards. Copies of all quotes, bid proposals, purchase orders, invoices, and receipts must be submitted to the AGO within 30 days of purchase and any excess funds not expended by the deadline must be returned to the AGO.
Radley took over the beleaguered department in August 2019 despite the fact a 2017 federal court order was in effect related to years of corruption, illegal conduct by some officers, and discriminatory services toward non-members of the Fundamentalist LDS Church. The agreement signed earlier this month by Radley signals a major step in his continuing efforts to improve emergency response services to the community.
“The Colorado City Police Department’s police, fire, and EMS communications center are extremely grateful to the State of Arizona, Representative Regina Cobb, the Attorney General’s Office, and Attorney General Mark Brnovich for the opportunity to further upgrade the center with modern radio communications,” said Radley. “The radio system will ensure first responders have the best opportunity to provide the highest quality of services possible for the residents and visitors of Northern Arizona.”
Arizona may place another major company on a list of prohibited investments for allegedly boycotting the state of Israel. It would be the second company deemed in violation of Arizona’s ban against Boycott, Divestment, Sanctions (BDS) of Israel. Arizona already placed Unilever on that list over the Israel BDS enacted by its subsidiary, Ben & Jerry’s.
Arizona Treasurer Kimberly Yee gave the Chicago-based financial services company, Morningstar, 30 days to prove that they weren’t boycotting Israel. In a press release on Monday, Yee shared that her office suspected Morningstar of boycotting because its subsidiary, Sustainalytics, employed environmental, social, and corporate governance (ESG) policies that punished companies doing business in Israel with poorer scoring.
Arizona doesn’t have any public funds invested in Morningstar presently.
Yee said that ESG-focused companies benefitting from taxpayer dollars victimize other companies in order to advance “woke political gamesmanship.”
“ESG ratings are a political scorecard, not a financial scorecard,” said Yee. “I will not allow companies to promote policies that are antisemitic and discriminatory efforts against Israel, which is America’s longtime friend and ally, and a significant trade partner with Arizona.”
AZ Treasurer Kimberly Yee gave Morningstar 30 days to prove their ESG ratings do not violate Arizona law, stating that she "will not allow companies to promote policies that are discriminatory efforts against Israel."
— Office of the Arizona State Treasurer (@AZTreasury) August 23, 2022
In her letter, Yee pointed Morningstar CEO Kunal Kapoor to his company’s own 117-page report investigating Sustainalytics released in early June. Morningstar insisted in an affiliated press release that it didn’t support boycotts of Israel, and cleared Sustainalytics of boycotting accusations. However, Yee said that pages 69-73, 86-93, and 97-99 of the report proved otherwise.
“ESG, in itself, is a subjective exercise and suffers from inherent bias. While [the] report says there was no bias against Israel, that is not the question presented to us under Arizona law,” wrote Yee. “The very fact that Sustainalytics has chosen to review companies doing business in Israel under the guise of its ESG ratings system, violates Arizona law as your company is ‘performing actions that are not intended to limit commercial relations with entities doing business in Israel.’”
ESG began in 2004 when former United Nations Secretary General Kofi Annan convened over 50 CEOs from the top financial institutions in a bid to influence markets. Annan’s coordination prompted the rollout of early ESG models, such as the New York Stock Exchange’s Principles for Responsible Investment (PRI) in 2006 and the Sustainable Stock Exchange Initiative (SSEI) in 2007.
Today, ESG models award scoring to measure companies based on equity-based initiatives. For example, environmental criteria might include waste reduction efforts or natural resource conservation; social criteria might include restorative justice initiatives or reproductive care funding like abortions; and governance criteria might include weighing issues that impact company stakeholders.
Unilever reversed Ben & Jerry’s boycott in late June. They repudiated the ice cream company’s actions, insinuating that they were antisemitic. However, Yee didn’t reverse the state’s divestment.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Tuesday, Arizona finished the border wall gaps in Yuma. The state began closing the wall 11 days ago, on Friday, August 13.
Governor Doug Ducey celebrated the state’s rapid securement of the border the following day, the conclusion of an executive order which he dubbed the “Border Barrier Mission.”
“We did it,” wrote Ducey. “Yuma is safer today.”
🔹11 days 🔹5 gaps 🔹130 shipping containers 🔹3,820 linear feet 🔹48 workers
In a press release, Ducey declared that his action didn’t mean the federal government was off the hook for border security. Ducey insinuated that Arizona’s quick action proved that the Biden administration didn’t really want the border closed.
“In just 11 days, Arizona did the job the federal government has failed to do — and we showed them just how quickly and efficiently the border can be made more secure – if you want to,” declared Ducey.
The state closed five gaps amounting to over 3,800 feet in the border wall. Securing the wall took 130 shipping containers and 48 workers, coming in at a cost of over $6 million. By comparison, the Biden administration spent an estimated $3 million every day — around $2 billion total — to not complete the border wall, per President Joe Biden’s proclamation.
Gov. @DougDucey announced today 3,820 feet of previously open border near Yuma, Arizona is now closed with a barrier of double-stacked and secured shipping containers. https://t.co/fzQFE0coQm
The governor’s office secured the funding through border security legislation passed in the most recent legislative session: HB2317 from State Representative John Kavanagh (R-Fountain Hills) codified June 30.
Ducey relayed that the Biden administration promised Arizona last December that it would close the Yuma border wall gaps. No construction has taken place. Ducey noted that Yuma communities and their resources, such as nonprofits, food banks, and shelters, were overburdened by the illegal immigrant crisis. The area’s agriculture, the lifeblood of their economy, also suffered due to the travel of illegal immigrants.
In the press release, Yuma Mayor Douglas Nicholls expressed gratitude for Ducey’s action.
“Every day hundreds of people come across the border into the Yuma area,” said Nicholls. “By closing the border wall gaps, Governor Ducey is helping to protect our city from the dangerous drugs and bad actors that come through on a daily basis. Yuma is grateful for the effective process of getting these containers in place quickly and secured. Governor Ducey showed the nation how to secure the border and keep illegal activity at the border at bay.”
Yuma County Supervisor Jonathan Lines also commended Ducey and excoriated the Biden administration for its inaction.
“The open border left behind by the Biden administration has left Yuma County residents exhausted and our resources depleted,” said Lines. “We’re tired of the lethal drugs and human smuggling entering our county. These containers are making a huge difference and will disrupt the cartels’ trafficking operations. Thank you, Governor Ducey, for prioritizing our county and protecting our families.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Wednesday, the Arizona Supreme Court invalidated signatures of a ballot initiative seeking to overhaul the state’s election processes, making it unlikely to appear on the November ballot.
Chief Justice Robert Brutinel ruled that Arizonans For Free and Fair Elections, or the Arizona Democracy Resource Center (ADRC) Action, failed to provide a valid mailing address to receive certified mail. Brutinel remanded the case back to the Maricopa County Superior Court to determine how many signatures his order impacts.
Based on the ruling — likely to invalidate tens of thousands of signatures — and sampling rejection rates, it appears unlikely that the initiative will have enough signatures to qualify for the ballot. ADRC Action submitted over 475,000 signatures, and needs just over 237,600 to qualify.
The Arizona Free Enterprise Club (AFEC) challenged the ballot initiative. In a statement to AZ Free News, AFEC President and Executive Director Scot Mussi asserted that the legal victory protected Arizonans from the harms of outside special interests.
“We are very pleased that the Supreme Court affirmed the lower court ruling that Arizonans for Free and Fair Elections failed to gather enough lawful signatures to qualify for the ballot,” said Mussi. “This radical initiative imported 60 different provisions from Washington, D.C. that would have increased fraud, harmed small business, and empowered special interests. They spent over $7 million trying to buy their way onto the ballot, and they failed.”
Breaking News, @azfec WON our lawsuit! The Arizona Supreme Court affirmed the lower court ruling that Free and Fair DID NOT gather enough lawful signatures to qualify their radical election initiative for the November ballot!
The Maricopa County Superior Court’s original ruling reduced valid signatures to about 10,000 short of qualifying for the ballot, which AFEC likened to being “on life support.”
🚨 Big news! The "Arizonans for Free and Fair Elections" ballot initiative is officially on life support after a judge disqualified tens of thousands of signatures, leaving it ~10k short of the ~238k needed to make the ballot. 🙌 https://t.co/JgfesNDZwo
Below are some of Arizonans for Free and Fair Elections’ proposed changes:
eliminate voter ID and proof of citizenship for voter registration
allow same-day voter registration
bar election audits like the most recent one for the 2020 election
raise small business taxes to increase political campaign funding
restore private funding in election administration
require universal vote centers
extend in-person early voting through the day before Election Day
require a court order to rule someone too incapacitated to vote
implement automatic voter registration for driver’s license and state ID recipients, as well as of-age high schoolers
allow curbside voting
allow “nontraditional residential addresses” such as mile markers or “geographic or other identifying features” when registering to vote
restore the permanent early voting list (PEVL)
restore “inactive” voters to “active” status
permit “signature-only” voter registration
allow third parties to register voters
reduce contribution limits
As reported previously, ADRC Action accrued over $7.6 million from a national network of Democratic dark money for this ballot initiative. Their group traces back to a national donor network called “Way to Win,” launched for the purpose of defeating Republicans in response to former President Donald Trump’s 2016 victory.
Way to Win asserted that its $110 million in funding to key states, including Arizona and Georgia, were the reason for the Democrats’ blue wave in 2020. Way to Win’s major sources of funding include George Soros’ Open Society Foundations and family, Stryker Corporation heiress Patricia Stryker, the prominent D.C. consulting firm Arabella Advisors’ Sixteen Thirty (1630) Fund, and the Tides Foundation-backed One Arizona.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
On Tuesday, the American Civil Liberties Union (ACLU) and 10 media companies and nonprofits sued the state over its new ban on recording police within 8 feet. The groups argued in their lawsuit that the ban violates the constitutional rights to free speech and a free press.
The law, HB2319, requires observers to obtain an officer’s permission in order to film within that distance while officers are questioning, arresting, or handling disruptive or otherwise abnormal behavior. If not, the filmer may be charged with a misdemeanor.
However, individuals personally approached or stopped by police may record within 8 feet — so long as they’re not being searched, arrested, or tested for sobriety — as well as bystanders in an enclosed structure of private property where the law enforcement activity is taking place, so long as officers don’t ask the bystander to leave.
The organizations filed the lawsuit in the U.S. District Court for Arizona. Those named in the suit were Attorney General Mark Brnovich, Maricopa County Attorney Rachel Mitchell, and Maricopa County Sheriff Paul Penzone. A spokeswoman for the attorney general’s office told AP News on Tuesday afternoon that they hadn’t received the complaint, and therefore couldn’t comment.
BREAKING: We’re suing Arizona over a law that makes it a crime to record police officers if you’re within 8 feet of them.
We have a First Amendment right to record police in public. Full stop.
Media companies joining the ACLU in the lawsuit are: Phoenix Newspapers (Arizona Republic); Gray Media Group (AZFamily and KOLD); Scripps Media (ABC15 Arizona, CW61 Arizona, KGUN9, CW Tucson); KPNX-TV (12News); Fox Television Stations (Fox 10 Phoenix, Tucson News Now, Your TV Family); NBCUniversal Media (NBC News, MSNBC, CNBC, Telemundo Arizona); Arizona Broadcasters Association; States Newsroom (Arizona Mirror); Arizona Newspapers Association (represents 84 newspapers); and the National Press Photographers Association.
BREAKING: ACLU, Arizona media organizations (including @abc15) just filed a lawsuit to challenge Arizona’s new law banning people from videotaping police activity within 8 feet of the officers. It’s a First Amendment complaint.
The plaintiffs recounted in the lawsuit how their lobbying efforts to defeat HB2319 failed in the past legislative session.
Several news organizations, including The Arizona Republic, are joining the ACLU of Arizona to challenge a new state law banning close-range recordings of Arizona police. https://t.co/31Er0LiNFD
The lawmaker who came up with HB2319 was State Representative John Kavanagh (R-Fountain Hills), a former New York Police Department (NYPD) officer. In a March opinion piece defending the ban, Kavanagh explained that individuals filming within 8 feet of an officer posed a potential danger to active investigations and arrests.
“Police officers have no way of knowing whether the person approaching is an innocent bystander or an accomplice of the person they’re arresting who might assault them,” wrote Kavanagh. “Consequently, officers become distracted and while turning away from the subject of the encounter, the officers could be assaulted by that subject or that subject could discard evidence or even escape.”
Kavanagh introduced the bill in response to requests from Tucson police officers who experienced bystanders videotaping as close as one foot behind them, even during arrests.
Governor Doug Ducey signed Kavanagh’s bill into law last month. The ban goes into effect on September 24.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
