by AZ Free Enterprise Club | Nov 29, 2023 | Opinion
By the Arizona Free Enterprise Club |
We’re less than a year away from our next election, and if Arizona Secretary of State Adrian Fontes is serious about doing his job, his primary focus should be on ensuring a process where it is easy to vote and hard to cheat. Instead, Fontes has been attempting to implement an Elections Procedures Manual (EPM) that is ripe with unlawful provisions all while ignoring a giant (and growing) elephant in the room.
In its last two quarterly reports to the Arizona state legislature, the Secretary of State’s office reported that over 78,000 individuals have been identified on our state’s voter rolls as noncitizens or nonresidents. This number includes:
- Over 53,200 individuals who were reported to have been issued a driver’s license or the equivalent of an Arizona nonoperating license ID in another state.
- Over 1,300 individuals who admitted to not being a U.S. citizen on a jury questionnaire.
- Over 23,600 individuals who admitted to not being a resident of a county on a jury questionnaire.
These numbers should be great cause for alarm—especially when you consider how close some of our state’s races were in 2022—and these individuals should be immediately removed from our state’s voter rolls. So, what did Fontes do in response to this news?
>>> CONTINUE READING >>>
by Daniel Stefanski | Nov 26, 2023 | News
By Daniel Stefanski |
The Arizona Republican Party (AZGOP) gained a significant victory this week over Democrat Secretary of State Adrian Fontes.
On Monday, the AZGOP announced that the ‘Patriot Party’ “failed to secure enough valid signatures to qualify for the 2024 ballot,” crediting the “unwavering dedication of over 50 volunteers who…meticulously reviewed over 37,000 signatures by hand.”
This update came days after the Party had issued a press release to accuse Fontes of “misusing his office to influence elections.”
In that communication, the AZGOP explained that the “Liberal Democrat Adrian Fontes quietly and drastically changed his procedures on political party petition filings and denied observer access and public records requests by the Arizona Republican Party.” According to the AZGOP, this occurred when Secretary Fontes allegedly failed “to notify the political parties with ballot access that an appointment had been made by the ‘Patriot Party’ to file signatures on their Petition for Political Party recognition.”
In their release, the AZGOP asserted that Fontes’ actions with the ‘Patriot Party’ filing was “a big departure from what (he) did when ‘No Labels’ filed,” adding that the Secretary’s motivation in running his office is “to help the Democrat Party and hamper (Arizona Republicans).”
The AZGOP outlined the process by which Secretary Fontes “conducted the No Labels filing,” which included the following steps:
- The Democrat, Republican, and Libertarian parties of Arizona were informed about the filing appointment ahead of time.
- All three recognized political parties were permitted to have observers present for the entire intake and SOS scanning of petitions with full observer coverage for chain of custody transition.
- The scans of the petitions, as filed, prior to SOS processing, were made available the morning after filing through a secure fileshare provided by SOS.
- The fileshare to which counties upload their processed samples was made available to all recognized political parties so that they could follow the filing process throughout.
As the release concluded, the AZGOP demanded that Secretary Fontes “restore the long history of impartiality that existed in the SOS’s office under Secretary Reagan, Secretary Bennett, Secretary Brewer and others.” The party asked for the Secretary of State’s Office to “fulfill (their) public records requests in a timely manner and maintain a fair and unbiased process for all filings made in (the) office.”
The AZGOP threatened Fontes with litigation if he were to “move to validate (the ‘Patriot Party’) as (an actual party) regardless in a partisan effort to hamper the Republican Party. That threat appears to be neutralized thanks to the State Republican Party’s hard work to go through the signatures itself.
With the saga of the petition signatures moving to the rearview window, the AZGOP is focusing on an extremely important election season in 2024, boasting of a “grassroots army of over 5,500 precinct committeemen in Arizona, combined with an additional 20,000 party volunteers.” The AZGOP noted that Arizona Republicans are “united in our mission to register more voters, champion family values, strengthen the economy, and advocate for better educational outcomes and parental choice.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by AZ Free Enterprise Club | Oct 30, 2023 | Opinion
By the Arizona Free Enterprise Club |
Following in the footsteps of his predecessor (now-Governor Katie Hobbs), Secretary of State Adrian Fontes appears determined to implement an Election Procedures Manual (EPM) that is ripe with unlawful provisions. The EPM is used by election officials throughout the state as the rulebook to conduct and run elections, so it is critically important that every provision in the manual strictly adheres to state law.
Now, fresh off an important legal win over the illegal signature verification process in the EPM, the Arizona Free Enterprise Club, along with the Thomas More Society, is suing Fontes once again—this time over unstaffed ballot drop boxes…
An Illegal Method of Voting
Arizona law establishes four different methods for secure early voting. According to A.R.S. § 16-548(A), an early ballot shall either be:
- Delivered to the officer in charge of elections, typically the county recorder.
- Mailed to the officer in charge of elections, typically the county recorder.
- Deposited by the voter at any polling place in the county.
- Deposited by the voter’s agent (family member, household member, caregiver) at any polling place in the county.
Did you catch that? Nowhere in the law does it allow for the use of unstaffed drop boxes. In fact, if you read through Fontes’ EPM, you’ll notice something…
>>> CONTINUE READING >>>
by Corinne Murdock | Oct 21, 2023 | News
By Corinne Murdock |
Arizona Secretary of State Adrian Fontes is facing a lawsuit over the use of unstaffed drop boxes to collect mail-in ballots.
Arizona Free Enterprise Club (AFEC) filed the lawsuit on Tuesday in the Yavapai County Superior Court.
AFEC argued that Arizona law requires drop boxes for mail-in ballots — or, early voted ballots — must be located at polling places and monitored by election workers. Based on that reading of statute, AFEC declared that the current Election Procedures Manual (EPM), enacted in 2019 by the former secretary of state and now-Gov. Katie Hobbs, and Fontes’ draft EPM unlawfully allowed unstaffed drop boxes.
“With no basis in statute, and supported by nothing more than executive fiat, the Secretary has authorized election officials throughout the state to employ unstaffed drop-boxes as another manner by which voters may cast their votes early,” said AFEC.
AFEC noted that the EPM provisions on the drop boxes contained zero citations to Arizona law, although the EPM issued over 1,000 citations across its pages elsewhere. AFEC said the omission was purposeful.
“The EPM’s omission of citations to Arizona’s statutes was surely not an oversight. When a statute supports an EPM regulation, the EPM cites it,” said AFEC. “Apparently, though, the EPM’s authors could find no enabling statute supporting unstaffed drop-boxes.”
Since the EPM doesn’t require these unstaffed drop boxes to be located at or near an election official’s building, they have been established at locations like churches, elementary schools, restaurants, humane societies, libraries, fire departments, and community centers. It also doesn’t place any restraints on the number or geographic distribution of the drop boxes per county.
According to AFEC, state law only allows two destinations and two entities for ballot submissions: the office of a designated election official, usually the county recorder, or a polling place, and a federal postal worker or voter’s designated agent. AFEC said that unstaffed drop boxes were therefore an impermissible intermediary in the chain of custody.
Unlike U.S. Postal Service (USPS) mail collection boxes, unstaffed drop boxes don’t have federal legal protections that impart prison sentences for crimes such as obstruction of mail passage, destruction of mail, and vandalism of a mailbox. Unstaffed drop boxes also don’t enjoy a specialized law enforcement division dedicated to investigating postal crimes, like the USPS.
Additionally, unstaffed drop boxes aren’t required to have locks: they may be secured with a “tamper-evident seal.”
Unlike the USPS, which requires the swearing-in of mail carriers, any individual designated by election officials as a “ballot retriever” may transport the contents of unstaffed drop boxes. Also, drop box contents aren’t scanned, counted, or entered into a record of sorts like their USPS counterparts.
AFEC also argued that USPS mailboxes offer an additional level of security through the untold diversity of their contents, whereas election drop boxes are clearly known to contain only ballots and theoretically become susceptible to bad actors.
“A USPS mailbox is further likely to contain different varieties of mail at any given time. From the outside, it is impossible to determine whether a particular mailbox contains early voted ballots,” said AFEC. “By contrast, an unstaffed drop-box contains only completed ballots. From the outside, one can know with certainty that the contents of a ballot drop-box are completed ballots, likely a significant number of them.”
Additionally, AFEC claimed that unstaffed drop boxes increased the likelihood of voter intimidation by independent actors seeking to prevent illegal ballot submissions.
AFEC President Scott Mussi said in a statement that unstaffed drop boxes jeopardize the safety and security of elections.
“Our lawsuit contends that state statute limits the use of drop boxes to locations that are monitored by election workers, which can include existing polling locations and the county elections office. Despite this limitation, election officials and the existing election procedure manual are ignoring statute and have been setting up unmanned drop boxes all throughout the state,” said Mussi. “We believe the use of drop boxes must be in accordance with state law, and we are hopeful that our lawsuit will result in election officials ending their use at illegal locations for the 2024 election.”
An expansive interpretation of state law concerning elections wouldn’t be an unusual trait of the Hobbs EPM. In September, the Yavapai County Superior Court ruled that Fontes was perpetuating an incorrect interpretation of “registration record.” AFEC also sued in that case.
Fontes had argued that the term “registration record” in voter signature verification law meant that other documents in a voter’s record besides the registration form could be used to verify signatures. The court invalidated the expansive interpretation of the term, thereby invalidating the corresponding portion of the Hobbs EPM.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Daniel Stefanski | Oct 10, 2023 | News
By Daniel Stefanski |
Arizona elected officials stood with Israel after the American ally suffered a shocking and horrific terrorist attack late last week.
After Israel was attacked by Hamas terrorists on Friday night (Arizona time), state politicians offered their thoughts, prayers, and messages of unwavering support for the Middle Eastern democracy.
Governor Katie Hobbs wrote, “I condemn the horrific terrorist attack on Israel by Hamas. Arizona stands with the people of Israel and supports their right to self defense. My heart breaks for the families of those who have been killed, injured or captured.”
Attorney General Kris Mayes stated, “Deeply shocked and heartbroken by today’s terrible Hamas terrorist attacks in Israel. My heart goes out to the families mourning their lost loved ones. Arizona stands resolutely in support of Israel.”
Secretary of State Adrian Fontes added, “This has been a tough day for the world. I unequivocally condemn today’s terrorist attacks in Israel and am thinking of the victims and their loved ones. Every nation should have the right to defend itself. Democracy must be protected wherever it is in jeopardy.”
Treasurer Kimberly Yee also weighed in, saying, “I stand with Israel. The United States has enjoyed a longtime friendship and allied relationship with Israel, a shining light of democracy in the Middle East. As a former State Senate Majority Leader and now as Arizona Treasurer, I have fought against BDS efforts to boycott and harm Israel. Please join me in praying for protection over the people of Israel against these evil Hamas terrorist attacks. May God bless the United States and Israel.”
Many members of Arizona’s Legislature also shared their solidarity with Israel over the weekend.
Senate President Warren Petersen spoke for his Republican conference, stating, “Arizona Senate Republicans stand in support of Israel, one of our nation’s most important allies. We strongly condemn the horrific violence happening against innocent Israeli civilians and Americans. We send prayers for strength, courage and comfort as the Israeli people battle against pure evil.”
Representative Alma Hernandez wrote, “While I don’t post during Shabbat I must break that today. Israel is at war and my heart is breaking for what is happening and unfolding there. Innocent Israelis murdered, walking on the streets, elderly being murdered while waiting at bus stops, women and children being kidnapped, raped and murdered on video. All while Palestinian terrorist are celebrating on the streets. I can’t believe this is happening today. My heart is shattered.”
Arizona Senate Pro Tempore, T.J. Shope, expressed his prayers for the American ally.
Representative Consuelo Hernandez said, “Praying for the people of Israel who were infiltrated by Hamas terrorist. So many more Israelis will be killed for the simple reason of being Jewish and existing. You are not alone. The world is watching.”
Representative Jacqueline Parker praised Israeli leadership and response to the attacks, saying, “At least there’s one righteous super power left in the world with competent leadership. I pray for Israel’s safety & swift victory.”
Representative Seth Blattman added, “This is a horrifying surprise attack on the people of Israel. I stand with Israel as it defends itself against Hamas in this ongoing assault.”
Other municipal and county officials also issued their own statements in reaction to the events from the weekend.
Phoenix Mayor Kate Gallego posted, “I’m proud to stand with Israel and condemn Hamas’s attacks on innocent people in the strongest terms. Here in Phoenix, our police are stepping up patrols near synagogues – and our hearts are with our many friends throughout Israel.”
Representative Alexander Kolodin recognized the increased security provided by Phoenix law enforcement, stating, “Grateful to the Phoenix Police for this extra degree of vigilance. We American Jews are tremendously luck to live in a country where officers of every faith are willing to risk their lives to protect our ability to worship freely.”
Maricopa County Attorney Rachel Mitchell also shared her prayers for Israel.
Peoria Mayor Jason Beck told AZ Free News that “Israel is a home away from home for me and my family. It has a sacred history and is one of the few places in the region that respects the personal beliefs of their citizens. I’m both saddened and angry at what these acts of terrorism have done to the people of Israel. I am taking action by sending body armor to Israel for the protection of the brave soldiers who will defend their homeland and our Western values. The Biden administration should be ashamed of their recent actions that opened up funding to Iran. Iran is who has openly trained and funded Hamas and other affiliates that don’t recognize Israel’s right to exist. They seek to wipe Israel off the face of the earth. I stand with the men and women of Israel in this fight and pray that God will protect their homeland.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
