by AZ Free News | Apr 28, 2021 | News
Last week, the Small Business Legal Center for the nation’s largest and leading small business association filed an amicus brief supporting the Arizona Attorney General’s lawsuit against the federal government over a provision in the American Rescue Plan Act of 2021 that would prevent states from lowering their own taxes.
The American Rescue Plan Act of 2021 made funds available to states if and only if states agree to not pass any laws or take any administrative actions that decrease their net revenue, whether that decrease comes through tax credits, rebates, reductions in tax credits, or new or expanded deductions.
“Congress passed the American Rescue Plan to relieve some of the financial pressure caused by the pandemic, but a provision that blocks Arizona and other states from cutting taxes is eroding state sovereignty and hurts local businesses,” said Karen Harned, executive director of the NFIB Small Business Legal Center, which filed the brief today in the U.S. District Court of Arizona.
In a March 25 news release announcing the filing of his lawsuit, the Arizona Attorney General said, “It’s unacceptable for the federal government to commandeer states’ tax policies and micromanage their budgets. We will always fight on behalf of hardworking taxpayers and push back against federal overreach.”
“Every state should be insulted by the last-minute amendment the US Senate adopted into the American Rescue Plan,” said Chad Heinrich, Arizona state director for NFIB. “If a state can no longer be a master of its own destiny on tax and spending matters, then we may as well resort to a central planning model run out of DC. What needs to be made clear and repeated often is that the State of Arizona’s financial health is a product of prudent fiscal management with sound policies that attract businesses and residents to live, work and enjoy life in Arizona.”
by Terri Jo Neff | Apr 27, 2021 | News
By Terri Jo Neff |
The 2020 U.S. Census state population results were announced Monday, and while Arizona added nearly 760,000 residents over the last 10 years, the growth was not as high as some state officials estimated. As a consequence, Arizona will not earn a 10th congressional district as many had expected.
The official increase in Arizona’s population is listed at 746,223 from April 1, 2010 to April 1, 2020. That puts the number of residents at almost 7.16 million. What won’t be available for a few more months is the population breakdown by counties and communities.
Gov. Doug Ducey and his census taskforce pushed hard during the 2020 Census process, committing nearly $2 million to the effort which was hit hard by COVID-19. State officials previously said 99.9 percent of all households were counted.
“In 2020, countless volunteers embarked on a statewide campaign to reach underrepresented communities, resulting in AZ’s highest self-response rate in decades,” the state’s census team tweeted Monday. “The state’s 64.1% self-response rate exceeded that from 2010 (61.3%) and 2000 (63%). 19 of the 20 land-based tribal communities in AZ had final enumeration rates of 100%.”
Many estimates by government agencies had pegged Arizona’s overall population at nearly 7.4 million going into 2020. It is unclear whether those estimates were based on overly optimistic formulas or if well-publicized concerns with how answers to census questions would be used kept some residents from being forthright.
The most immediate impact of the Census state population announcement is that those interested in representing Arizona in the U.S. House of Representatives now know the state’s allotment of congressional districts will remain at nine, each serving roughly 795,500 residents.
Each state is initially assigned one of the 435 seats in the U.S. House of Representative. The rest are then allotted based on data from the U.S. Census Bureau. Arizona came in about 80,000 residents short for being considered for another congressional seat, while Colorado, Florida, Montana, North Carolina, and Oregon added a seat. Texas added two congressional seats to its current 36.
How the boundaries of Arizona’s nine districts will look won’t be known for more than one year, as the Arizona Independent Restricting Commission must wait for the more detailed, localized census data to finalize their maps.
Long term, the biggest impact of the lesser than expected population numbers could be on Arizona’s budget, of which about 40 percent comes from federal funds. If Arizona was truly undercounted during the census process, there are some estimates it could cost the state roughly $62 million annually for every one percent undercount.
by AZ Free News | Apr 27, 2021 | News
Fans of the western rodeo will have a new way to express their interest now that Gov. Doug Ducey has signed a bill which creates a license plate supporting the popular sport.
But the governor’s approval of the legislation does more than add another designer license plate to ADOT’s stock. It also provides funding to help support a rodeo museum which highlights Arizona’s rich history in the sport.
And that, according to supporters, will provide Arizonans as well as domestic and international tourists another source of entertainment.
The oldest organized professional rodeo in Arizona pre-dates statehood, with the July 1888 event in Prescott. And every February, southern Arizonans turn their attention to the Tucson Rodeo Parade.
The special rodeo plates can be issued for $25 plus the normal vehicle registration fees. Of that amount, $17 is considered an annual donation to the Rodeo Special Plate Fund administered by ADOT.
But before ADOT can formally begin issuing the special rodeo plates, someone has to pony up $32,000 to ADOT before Dec. 31 of this year to implement the program. And that person is responsible for designing the plate, subject to ADOT rules and approval.
ADOT can annually hold back 10 percent of the Rodeo Plate Fund as an administration fee, but the rest must be allocated each year to an Arizona-based 501(c)(3) charitable organization which awards collegiate scholarships and supports a museum in Arizona that has rodeo artifacts.
The new statute specifically requires that the museum’s artifacts must date back to at least 1953. And the museum must include saddles ridden by “famous rodeo champions” among its artifacts.
A review of museums across Arizona reveals that the Scottsdale Rodeo Museum website boasts “rodeo artifacts going back to at least 1953, including saddles ridden by famous rodeo champions such as Jake Barns.” It is unclear whether the more well-known Tucson Rodeo Parade Museum would meet the specific funding criteria.
The bill cleared the House in February on a 39 to 20 vote, then passed out of the Senate on April 13 on a 27 to 3 vote. Ducey signed the bill sponsored by Rep. Joseph Chaplik (R-LD23) last week.
- Co-sponsors of HB2129 were Representatives Frank Carroll, Tim Dunn, Gail Griffin, Joel John, Steve Kaiser, Joanne Osborne, Justin Wilmeth, and Majority Whip Leo Biasiucci.
- Public records show the legislation for the special rodeo plate and funding for an Arizona rodeo museum was opposed by the Arizona Sheriffs Association and the Association of Counties.
by Terri Jo Neff | Apr 27, 2021 | News
By Terri Jo Neff |
Since shortly after Nov. 3, 2020, some of the most serious allegations about Maricopa County’s handling of the General Election has included not only fake ballots and switched voter counts, but also that some employees did not follow proper protocols when verifying voter signatures on the 1.9 million early ballot affidavits.
There was even testimony in at least one election challenge lawsuit about the amount of discretion employees of the Maricopa County Recorder’s Office had in deciding which of the early ballots to accept during the signature verification phase.
Since then, one selling point for the Senate’s current audit of Maricopa County’s election process has been the chance for a “full forensic audit” that would include comparing affidavit signatures to the voters’ registration files. AZ Free News has verified that the Senate subpoenas commanded county officials to turn over images of the early ballot envelopes.
“I can confirm that we complied and the Senate is in possession of those images,” said Megan Gilbertson, Communications Director for the Maricopa County Elections Department.
But questions are now being raised about whether Senate President Karen Fann included an audit of Maricopa County’s early ballot signature verification process in her deal with audit contractor Cyber Ninjas or its three subcontractors.
Last Thursday, the Senate’s audit liaison, Ken Bennett, said the plan is to audit at least “some” of the early ballot signatures. However, others close to the audit contend that looking at those signatures is beyond the scope of what the contractors have been asked to do.
Which raises the question of who has the 1.9 million envelope images which Maricopa County turned over in compliance with the subpoena. And who else has access to those images in light of signature confidentiality requirements in state law and the fact those signatures are quite valuable to identity thieves.
Even if Bennett ensures a sampling of signatures are audited, he will be under a time crunch, as an attorney for Cyber Ninjas told a judge last week that audit operations must be done at Veterans Memorial Coliseum on May 14.
Another problem for Bennett and the auditors is figuring out a sufficient sample size to provide a reliable result. Previous testimony about the signature verification process noted that it is important to look at ballot envelopes received by the recorder’s office on various days and to have envelopes which were verified by a variety of employees.
Bennett is currently in a self-imposed media blackout with local journalists, although he did find time Monday to record an interview for the Arizona Republican Party.
A lawsuit filed last week by the Arizona Democratic Party and Maricopa County Supervisor Steve Gallardo (in his personal capacity as a registered voter) will go before Judge Daniel Martin of the Maricopa County Superior Court on Tuesday. The lawsuit seeks to stop the audit until the Senate promises its contractors will comply with state law and the Arizona Elections Procedures Manual.
Meanwhile, a petition for special action filed with the Arizona Supreme Court by Fann and the other defendants is a second track for their attempts to have the Dems’ legal challenge dismissed.
by Corinne Murdock | Apr 26, 2021 | News
By Corinne Murdock |
Arizona Democrats opposed a bill allowing judges the option to order community service in lieu of court fines for low-income individuals. Their contention was that the legislation took money away from the Arizona Clean Elections Commission. The commission derives its money from speeding tickets.
Under the bill, the community service would be credited per hour at minimum wage rates to make up for the fine, and rounded up to the nearest dollar. This would extend to any monetary obligations sentenced by the court, including civil penalties, surcharges, or any assessments or fees. Time payment fees would be exempted from this bill.
On Thursday, the Arizona House passed the bill 32-27. Only one Democrat voted in favor of the bill: State Representative Alma Hernandez (D-Tucson). No Republicans voted against it. It took over 10 minutes to complete the vote, and no discussions took place.
Likewise, all Democrats except for one voted against the bill in the Senate. Assistant Minority Leader Lupe Contreras (D-Avondale) voted for the bill.
The bill was introduced by Majority Whip Leo Biasiucci (R-Lake Havasu City). He explained during the House Transportation Committee that the idea for the legislation was borne out of his difficulties with a traffic citation. He learned that individuals must fork over more to set up a payment plan in the first place.
That’s not to mention any other fees, like those required for an appeal.
Biasiucci said that people shouldn’t be punished for not being able to afford a ticket. He described it as a “win-win” for the community and for individuals facing the fines.
State Representative Richard Andrade (D-Glendale) asked why the bill didn’t include Prop 105 language to exempt the clean elections commission.
Biasiucci responded that there are just under twenty other government agencies that also derive their money from speeding tickets. He also reminded Andrade that those who would qualify to do community service rather than pay the fine under this bill would be low-income individuals – not all individuals.
“[T]his is going to be such a small window of people – I mean, you’re talking about people who can’t afford it. And the judge has to approve it,” said Biasiucci. “This is not something that’s just going to impact other areas so much, and I firmly believe you shouldn’t be picking an agency over trying to help the people who can’t afford this. That’s why I decided I’m not going to pick one to exempt.”
According to Biasiucci, the clean elections commission has around $30 million in their account. They only spent $4 million last year. He noted that the idea that this commission would be hurt by this, when they’re rolling over nearly $27 million every year, doesn’t make sense.
“Bottom line is: this is good for the people that are needing it the most,” said Biasiucci. “I don’t care what agency’s being impacted – I support the border protection, I support a lot of things speeding tickets go to. I don’t like the fact that you have organizations that are being funded solely from tickets – I mean, that to me is ridiculous that we’re banking on speeding tickets to fund these groups, whether it’s approved by the voters or not.”
Currently, the commission gets 10 percent of each ticket.
The bill is timely. The legislature recently passed a bill that will increase speeding ticket fines for certain infractions.
For failing to yield right-of-way to emergency vehicles or slow down before stationary vehicles, the current maximum fines sit at $250. The newly-proposed fines come at three levels: $275 for the first violation, $500 the second, and $1,000 for all subsequent violations.
The bill allowing community service in lieu of speeding tickets was transmitted to the governor on Thursday.
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 Terri Jo Neff | Apr 25, 2021 | News
By Terri Jo Neff |
Two judges, one from Maricopa County and the other an Associate Justice of the Arizona Supreme Court, agreed Friday that the Senate Audit of Maricopa County’s 2020 General Election can move ahead for now. Both judges also ordered the parties to submit several court filings in the coming days.
Several hundred of the nearly 2.1 million ballots cast by Maricopa County voters were audited Friday and Saturday. The volunteer counters are looking only at the race for U.S. President and the contest between Mark Kelly and then-Sen. Martha McSally.
For a short time Friday it looked like no audit activities would take place after Judge Christopher Coury of the Maricopa Superior Court agreed to issue a stay requested by the Arizona Democratic Party and Steve Gallardo, the only Democrat on Maricopa County’s five-member Board of Supervisors.
But the stay order was contingent on the plaintiffs posting a $1 million bond in the event they lost their case. AZ Dems chair Raquel Teran announced Friday afternoon that no bond would be posted, meaning the audit can continue unimpeded, for now.
Two other orders issued by Coury are currently in force: that the Senate and its contracted audit team comply with state law and that no blue or black pens can be on the floor of the Veterans Memorial Coliseum where the audit is being conducted.
Coury will be a key player in the audit this coming week, as he ordered the parties back to court Monday morning for an evidentiary hearing on the merits of the lawsuit. The judge set several deadlines for the attorneys, including an order for the audit’s written policies and procedures to be filed by the Senate and general contractor Cyber Ninjas on Sunday.
Teran and Gallardo -who says he joined the lawsuit in his personal capacity as a Maricopa County voter- must decide how far they want to push their allegations about the audit operations, given the fact Senate President Karen Fann and the other defendants have petitioned to the Arizona Supreme Court, which has also ordered a series of legal briefings in the case.
Fann and Sen. Warren Petersen of the Senate Judiciary Committee are named as defendants along with former Arizona Secretary of State Ken Bennett who is serving as the Senate’s audit liaison. The other defendant is Cyber Ninjas, the company Fann contracted with to conduct the audit with help from three subcontractor.
The Senate defendants are represented by Kory Langhofer and Thomas Bastille, who have been involved in several of the election-related lawsuits filed since Nov. 3. Florida-based Cyber Ninjas and its owner Doug Logan have retained Phoenix attorney Alex Kolodin as their Arizona legal counsel.
Another key player is Associate Justice Clink Bolick of the Arizona Supreme Court, who affirmed Coury’s earlier orders during an emergency conference Friday afternoon. Bolick set separate deadlines for the Senate’s challenge to the legality of the lawsuit, with all those filings needing to be in by the end of business April 29.
Participating in the emergency conference with the justice was attorneys for Arizona Secretary of State Katie Hobbs, who has pushed back on Fann’s previous assurances that the Senate’s audit would be “independent” and “transparent.”
Hobbs has pointed to Rep. Mark Finchem’s admitted role with the audit in light of his repeated insistence that President Joe Biden really did not win the popular vote in Arizona, and thus was not entitled to the state’s electoral votes. She also wrote to Attorney General Mark Brnovich with concerns that auditors may not be complying with Arizona’s Elections Procedures Manual (EPM).
For his part, Brnovich was the first prominent Republican to insist after the general election that there was no fraud involved in Biden’s victory. He replied to Hobbs on Friday, suggesting she notify his office when she has “credible facts and not conjecture or politics” for him to investigate.
Another player who could impact next week’s audit operations is First Amendment attorney David Bodney, who warned Fann and Bennett that the audit team’s current refusal to allow journalists to report on audit activities from the main floor of the Veterans Memorial Coliseum.
Bennett, as the audit liaison, is requiring media representatives to sign up for a six-hour shift as an observer. However, observers are prohibited from having cellphones or even pen and paper on the floor.
“Requiring journalists to become active participants in the events on which they seek to report is as unprecedented as it is untenable in a representative democracy,” Bodney wrote. “It also violates the First Amendment, which compels that members of the press be allowed access to report on these public proceedings. “
Bodney also warned that legal action could be forthcoming.
“By making the proceedings accessible to some journalists, you cannot arbitrarily deny access to others or require that others satisfy peculiar conditions not imposed upon those whom you favor,” he wrote. “In the event the audit proceeds while barring the press, we are committed to pursuing all legal remedies we deem appropriate to secure our clients’ rights under the First Amendment,” Bodney said
