by Corinne Murdock | Apr 22, 2021 | News
By Corinne Murdock |
The Arizona Supreme Court convened on Tuesday to hear arguements in the case, Karen Fann, et al v State of Arizona, et al. In making their decision, the court will consider two main questions:
- Can Proposition 208 a statutory initiative, exempt itself from the expenditure limitations for school districts imposed by article IX, section 21 of the Arizona Constitution, and, if it cannot, would rational voters have adopted the Proposition’s tax knowing that its revenues could not be spent?
- Can the Proposition impose a new tax without a supermajority vote of both houses of the legislature, as required by article IX, section 22 of the Arizona Constitution?
Prop 208 was a statutory initiative that sought to become a constitutional amendment. The voter referendum proposed a new income tax of 3.5% on anyone who makes over $250,000 individually or anyone making $500,000 jointly in order to fund public education. The referendum passed on Election Day last year.
Plaintiffs’ attorney Dominic Draye with Greenberg Traurig asserted that the proposition has problems squaring up with the Arizona Constitution. Specifically, regarding its proposed spending patterns.
“It’s attempted to declare itself exempt from a portion of the constitution fails out of the gate. So its backers turn to the grant gift exemption,” stated Dray.
Attorney for the state Andy Gaona argued that the bill didn’t have problematic spending patterns. He said that the intent of Prop 208’s drafters was to provide “a permanent, dedicated funding source” for schools. Additionally, Gaona likened Prop 208 to other state funding.
“[It’s not unconstitutional in] the same way that there’s nothing inherently unconstitutional about state aid and state appropriations that may go towards the expenditure cap, that may ultimately cause the expenditure cap to be exceeded,” said Gaona. “In the same way there was nothing inherently unconstitutional about the fact that Prop 208 spending in a particular year may cause the expenditure cap to be exceeded. The truth is that, if there’s a conclusion that not only does the grant exception not apply [… then] there’s a process that’s in place already, and has been in place for years, that dictates how the expenditure cap will be dealt with.”
On behalf of the state, a spokesperson for the Arizona Department of Revenue explained to the judges that the anti-injunction act hasn’t ever been used in the contest of a personal income tax.
“Our research hasn’t revealed that the anti-injunction act hasn’t applied directly to a personal income tax issue, nor has there been any sort of ruling that the statute has been ineligible for application,” stated Bergen. “There is a bit of vacuum there. All instances of the law that we’ve seen have been applied to the context of property taxes.”
In closing, Draye reiterated that Prop 208 would be unconstitutional – partly for the expenditure limits outlined in the Arizona Constitution, but mainly for the reason that it imposes a new tax without legislative approval.
“The offending act is not the expenditure of funds in violation of the cap – I want to be clear about that. The thing that’s unconstitutional about this statute – well there are two things – there’s a section 22 part we haven’t talked about, which I think is fairly straightforward,” stated Draye. “The problem there is [that] a portion of the Arizona Constitution doesn’t apply to Prop 208. That has happened already – that is not true and will never be true.”
Draye said that Prop 208 invited taxes to be created by mob rule in the state.
“This is not a case where you have the legislature versus the people, or something like that. This is the people acting in their capacity as amenders of the Constitution to bind themselves so that bare majorities can’t grow the size of government and impose new taxes,” added Draye.
Immediately following the election, private citizens requested a temporary restraining order and a preliminary injunction to stop the tax. Groups including the Alliance Defending Freedom and the Goldwater Institute joined the suit.
The court promised to issue its ruling at a later date.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by AZ Free News | Apr 22, 2021 | News
On Wednesday, Governor Doug Ducey and a delegation of state lawmakers travelled to Yuma to call on the Biden administration to address the escalating humanitarian and security crisis on the U.S. / Mexico border. The officials received a briefing from U.S. Border Patrol, local law enforcement and community leaders.
The Governor was joined by Senate President Karen Fann, House Speaker Rusty Bowers, Adjutant General Kerry Muehlenbeck, Yuma County Sheriff Leon Wilmot, Yuma Mayor Doug Nicholls, Yuma County Supervisor Jonathon Lines, San Luis Mayor Jerry Sanchez, Cochise County Sheriff Mark Dannels, local agriculture leaders and other leaders and members of the legislature.
The officials received a briefing on Border Patrol operations from Chris T. Clem, Chief of the Border Patrol Yuma Sector. The Yuma Sector encompasses 126 miles of international border with Mexico, with three checkpoints currently manned by over 700 Border Patrol agents.
The tour follows the Governor’s Declaration of Emergency and decision to deploy the Arizona National Guard to the border to support law enforcement efforts.
Ducey declared a state of emergency in six counties including Cochise, Pima, Santa Cruz, Yuma, Maricopa and Pinal. The team of up to 250 Guardsmen, along with state troopers and other law enforcement agencies, will assist with medical operations in detention centers, install and maintain border cameras, monitor and collect data from public safety cameras, and analyze satellite imagery for current trends in smuggling corridors.
The state will provide up to $25 million in initial funding for the mission.
by B. Hamilton | Apr 21, 2021 | News, Politics
By B. Hamilton |
On Tuesday, the Democrats in the Arizona House of Representatives attempted to prevent a vote on an election integrity bill, and then when that failed, Rep. Athena Salman called for a boycott of the state if the bill passed.
Earlier in the day, Democrat lawmakers refused to show up to work in order to prevent a quorum as part of their effort to block a vote on SB1485.
Later, in a vote along party lines, Sen. Michelle Ugenti-Rita’s bill passed and is now headed back to the Senate.
SB1485 would remove people from the Early Voting List (EV), who don’t return their mail ballot for two consecutive election cycles from the permanent list, which allows voters to automatically receive a ballot before each election.
Not everyone shared Salman’s view. Sen. TJ Shope, a moderate Republican, tweeted his support for the bill:
Sen. Salman and the Arizona House Democrats continue to make discredited statements about SB1485, including allegations that the bill would “purge” the early voting list and “infringe” on voting rights.
The reason the bill heads back to the Senate is that it was amended to win the support of more Republican lawmakers in the House.
The amendment softened the bill, according to experts.
Before the amendments, a person could be removed from EVL after not using an early ballot in two consecutive primaries and general elections. Under the amendments, a person would have to miss all elections within a two-year period including city or other minor elections, to be dropped from the EVL.
In all cases, voters remain registered to vote. They are simply dropped from the list of mail-in ballot recipients.
by B. Hamilton | Apr 21, 2021 | News
By B. Hamilton |
On Tuesday, conservatives lamented Governor Doug Ducey’s decision to veto legislation that would have strengthen parental input in the Sex Education curriculum offered to their children. They also questioned why the governor would then turn around and issue an Executive Order on the subject.
Cathi Herrod, president of the Center for Arizona Policy, said the governor’s veto sent the “clear and deeply disappointing message” to parents that the “government knows better.” She also noted that the governor’s Executive Order “fails to implement the prohibition of sex education prior to fifth grade.”
The bill, SB 1456, prohibits schools from providing Sex Ed to any students below the fifth grade – including education on AIDS and HIV. It also required schools to make all Sex Ed curriculum available for parental review two weeks in advance, at minimum.
RELATED ARTICLE: Arizona Legislature Passes Bill Requiring Parental Permission for All Sex Ed Curriculum
The bill passed along party lines in both the House and Senate.
SB 1456, sponsored by Senator Nancy Barto, did not prohibit or dictate any curriculum in grades 5-12; it “merely would have ensured parents opt their children into instruction on human sexuality,” according to Herrod.
Barto said that the governor’s veto undermined parent’s rights. She said that the “commonsense bill” aimed to “put sensitive decisions about Sex Ed and parents’ hands.”
“An Executive Order is no substitute for parental rights grounded in law. The bill created workable transparency solutions for parents and stopped Sex Ed for younger school age children – something an overwhelming a mature overwhelming majority of Arizona support,” continued Barto. “The veto undermines every single elected Republican Legislature who voted to defend parents and address the frustrations they face with the current status quo that provides opt out for some sexual materials and opt in for others. Arizona is one of the best states to raise a family, but this decision is inconsistent with that reputation. While I am extremely disappointed, my commitment to parents’ fundamental rights remains unchanged. I will continue to work with my colleagues to protect Arizona parents.”
Herrod challenged statements made by Governor Ducey in his veto letter. Specifically, the governor claimed that he was concerned that child abuse prevention education would be prohibited. Herrod countered that “abuse prevention is not sex education, and would not have been blocked by any provision in SB 1456.
“Unfortunately, to my knowledge, this concern was not brought to the attention of lawmakers by the executive branch prior to the veto.”
“Make no mistake, the need to advocate for the parent’s ability to guide the education of their children, especially with regard to matters of human sexuality,” said Herrod in her press release. “will continue to be a key priority for us, and the many Arizonans who supported SB 1456.”
The governor’s Executive Order requires the State Board of Education to adopt the following requirements by June 30, 2021:
- All meetings held for the purposes of reviewing and selecting the sex education course of study must be publicly noticed at least two weeks before occurring and be open to the public.
- Any proposed sex education course of study must be available and accessible for review and public comment for at least sixty days before the governing board or governing body decides whether to approve that course of study.
- At least two public hearings within the sixty-day period before the governing board or governing body approves any course of study must be conducted.
- Once a course of study has been approved, a school district or charter school shall make the sex education curricula available for parental review, both online and in-person at least two weeks before any instruction is offered.
- Any existing sex education course of study must be made available and accessible for review both online and in person.
by Corinne Murdock | Apr 21, 2021 | News, Politics
By Corinne Murdock |
Representative Paul Gosar (R-AZ-04) claims that the media fabricated his involvement in an “America First Caucus.” A document purportedly linked to the proposed caucus was released over the weekend, causing controversy over certain aspects of its outlined objectives.
One of those objectives was to uphold and preserve Anglo-Saxon political traditions.
Gosar issued a press release afterward clarifying that he didn’t author the document, but would continue to work on “America First” issues within an already-existent caucus, the House Freedom Caucus:
The liberal media have recklessly claimed I am the author of a document. Let me be perfectly clear, I did not author this paper. In fact, I first became aware of it by reading about it in the news yesterday, like everyone else. Imagine my surprise to read I ‘wrote it.’ I will continue to work on America First issues in the House Freedom Caucus. Once again, I am the subject of a false media story. I will not let the lying media deter me from the America First work I have been championing for years in the House Freedom Caucus and with President Trump.
Gosar’s Chief of Staff, Tom Van Flein denied to reporters that Gosar ever attempted to form a new caucus. Representative Marjorie Taylor Greene (R-GA-14) was also identified as a chief leader in creating the America First Caucus.
The claims that Gosar and Greene were leading this caucus came from Punchbowl News, a newer political news site launched earlier this year by longtime Politico reporters. They published a document purportedly from representatives putting together the America First Caucus.
“A new American First Caucus – led by @mtgreenee and @RepGosar – is recruiting people to join based on ‘Anglo-Saxon political traditions’ architectural style that ‘befits the progeny of European architecture[,]’” wrote Punchbowl News. “Some of the most nativist stuff we’ve seen.”
Critics immediately likened the aspects of the document referencing Anglo-Saxon traditions with white nationalism and racism.
It is unclear how Punchbowl News obtained the document.
Following the backlash over the document outlining the caucus focuses, Greene abandoned efforts to pull it together. She stated that the document was a draft proposal by another group, which she hadn’t read prior to Punchbowl News publishing it.
“On Friday, sick and evil POS in the media attacked me with phrases I never said or wrote. They released a staff level draft proposal from an outside group that I hadn’t read,” wrote Greene. “The scum and liars in the media are calling me a racist by taking something out of context.”
Like Gosar, Greene claimed that media outlets had fabricated details of her knowledge of the caucus.
Corinne Murdock is a contributing reporter for AZ Free News. In her free time, she works on her books and podcasts. Follow her on Twitter, @CorinneMurdock or email tips to corinnejournalist@gmail.com.
by AZ Free News | Apr 20, 2021 | News
On Tuesday, in response to the crisis on the U.S. Mexico border, Governor Doug Ducey announced he is deploying the Arizona National Guard to the border and issued a Declaration of Emergency as part of the state’s effort to support local law enforcement efforts.
Up to 250 Guardsmen will be sent to border communities and will be available to support other law enforcement agencies, like state troopers. The Arizona National Guard will:
- Assist with medical operations in detention centers;
- Install and maintaining border cameras;
- Monitor and collect data from public safety cameras; and
- Analyze satellite imagery for current trends in smuggling corridors.
The State will provide up to $25 million in initial funding for the mission.
U.S. Customs & Border Protection in March had more than 170,000 apprehensions at the Southwest border. Nearly 19,000 of those apprehensions were unaccompanied children — more than four times the number of kids apprehended in March 2020.
“The federal government’s actions have made the border less secure. This threatens the safety of our communities and law enforcement,” said Cochise County Sheriff Mark Dannels. “Border towns and officers need support as the crisis at the border escalates. I’m grateful to Governor Ducey for taking action and sending the National Guard to help. We welcome immigrants with open arms — but it needs to be done legally and orderly to ensure we are protecting our communities, state, and nation.”
Ducey’s decision was also welcomed by Maricopa County Sheriff Paul Penzone, a Democrat, who said “the issues at the border affect the whole state, to include Maricopa County.”
“The availability of Arizona National Guard resources in support of law enforcement demands is an asset for our depleted resources. I appreciate Governor Ducey’s commitment to law enforcement organizations,” concluded Penzone.
“The crisis at the border is serious and cannot be taken lightly,” said Yuma County Sheriff Leon Wilmot. “The Arizona National Guard will provide much-needed support to our officers and safety officials, and will help ensure Yuma and other border communities are further protected from dangerous and illegal activity. By deploying National Guard assets, the Governor will allow me to deploy more first responders to mission critical tasks where we will work side by side with our federal partners to target, apprehend and prosecute transnational criminal organizations. My thanks to the Governor for taking action to protect Arizonans, law enforcement and legal immigration.”
