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 AZ Free Enterprise Club | Oct 18, 2023 | Opinion
By the Arizona Free Enterprise Club |
“The right of the people to keep and bear arms shall not be infringed.” Unless you are New Mexico Governor Lujan Grisham, who thinks she can just declare a public health emergency and ignore what the Constitution says. Yes, in her view, she can declare an emergency and then all “rights” are on the table, and she is free to suspend them as she wishes.
Thankfully, this was too far for even anti-gun politicians like Rep. Ted Lieu from California and New Mexico’s own Attorney General who said he would not defend the declaration in court. In other words, it was so clearly unconstitutional that even the most radical gun control advocates distanced themselves from it.
Abuses of Emergency Powers During COVID
But it is an important reminder of the abuse of emergency powers we all experienced during COVID, and why it is critical to rein in these powers. While it’s clearly unconstitutional to suspend the 2nd amendment with an emergency declaration, most states over the last 100 years have granted extremely broad powers to the executive branch to declare so-called public health “emergencies…”
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Sep 23, 2023 | Opinion
By the Arizona Free Enterprise Club |
If someone in the private sector illegally took money that didn’t belong to them and then refused to return it, what do you think would happen? They could be heavily punished with fines. They could face sanctions. They could even end up in jail, depending on the offense.
But for about a year and a half, Pinal County has been allowed to drag its feet in refunding $80 million that it illegally collected from taxpayers. It’s just another example of government officials who think they are above the law.
This all started back in 2016 when Pinal County officials proposed a $640 million transit tax hike to voters in order to fund a wide array of transportation projects throughout the region. But after unveiling the plan, the county faced strong opposition from retailers, home builders, auto dealers, and multiple taxpayer watchdog groups.
This should’ve been enough for county officials to recognize that the community didn’t support their proposal. But they were too committed to their scheme. So, what did they do?
>>> CONTINUE READING >>>
by AZ Free Enterprise Club | Sep 16, 2023 | Opinion
By the Arizona Free Enterprise Club |
Secretary of State Adrian Fontes appears to be in a tug-of-war with Governor Katie Hobbs to determine who is worse at their job. It’s been well-documented that since she took office, Hobbs has been off to a rough start with high-profile staff exits, breaking the veto record after killing the bipartisan “Tamale Bill,” and alienating many Democrats by signing the Republican budget. But over the past eight months, Fontes has been working just as hard in the battle to see who’s more incompetent. Not only has he failed to perform the necessary voter list maintenance—leaving 14 Arizona counties in violation of Section 8 of the National Voter Registration Act—but he rushed through a version of the Elections Procedures Manual (EPM) that is filled with unlawful provisions.
Now, Secretary of State Fontes has been dealt another major blow after a superior court judge ruled against him…
>>> CONTINUE READING >>>
by Corinne Murdock | Sep 6, 2023 | News
By Corinne Murdock |
Last week, a superior court judge ruled that Secretary of State Adrian Fontes and his predecessor, now-Gov. Katie Hobbs, enforced an Election Procedures Manual (EPM) that ran afoul of voter signature verification law. The problematic EPM in question was crafted by Hobbs in 2019.
The ruling came in the case Arizona Free Enterprise Club v. Fontes. Contrary to the law, Fontes claimed to the court that the term “registration record” was ambiguous and up for interpretation — meaning, he could decide what constituted a valid signature record for the purposes of verifying the validity of a ballot signature. For that reason, Fontes said that the lawsuit against his administration should be dismissed.
Judge John Napper disagreed, rejecting the motion to dismiss last Friday; he stated that only a voter’s signature used to register to vote was valid. Napper ordered Fontes to adhere to the definition of “registration record” for the purposes of signature verification.
“Here, the langu[ag]e of the statute is clear and unambiguous. The statute requires the recorder to review the voter’s registration record. The common meaning of ‘registration’ in the English language is to sign up to participate in an activity,” wrote Napper. “No English speaker would linguistically confuse the act of signing up to participate in an event with the act of participating in the event [….] Applying the plain and obvious meaning of ‘registration,’ the legislature intended for the recorder to attempt to match the signature on the outside of the envelope to the signature on the documents the putative voter used to register.” (original emphasis included)
Fontes petitioned the court to interpret the law to mean that other documents could be included in the definition of “registration record” based on a change of the law from reading “registration form” to “registration record.” Fontes argued that “record” was a more expansive term meant to encompass a greater set of documents than “form.” Fontes also argued that the term was ambiguous and therefore up to interpretation.
Napper rejected these arguments. The judge explained that the term change only expanded the “volume of documents” for signature verification to allow for review of multiple forms comprising a registration record. Napper also declared that the statute wasn’t ambiguous at all.
“That limitation remains the same, documents are part of the ‘registration record’ only if they involved the voter’s ‘registration,’” stated Napper. “[T]he recorder is to compare the signature on the envelope to the voter’s prior registrations (the record).”
Napper also declared that the Arizona Free Enterprise Club (AFEC) correctly defined “registration record,” unlike Fontes and former Secretary of State Katie Hobbs (now governor) per her 2019 EPM. Napper ruled that Hobbs’ 2019 EPM violated the law.
“The 2019 EPM creates a process that contradicts the plain language of A.R.S. §16-550(A),” stated Napper. “Therefore, this portion of the EPM and the instruction from the Secretary do ‘not have the force of law.’”
Napper’s ruling acknowledges a major issue: in the four years of its use, Hobbs’ unlawful 2019 EPM signature verification instruction has carried “the weight of the law.”
Mi Familia Vota also intervened in the case and requested dismissal of AFEC’s lawsuit. They claimed that any real or existing issues with the EPM didn’t matter because Fontes would produce a new EPM this December that could potentially adhere to state law. Napper also rejected this argument. The judge pointed out that those in the executive branch, including Hobbs, have consistently failed to produce a valid EPM, including in 2021.
“While the production of a new EPM is statutorily required, the multiple offices of the executive branch have not consistently adhered to the statute’s dictates,” said Napper. “They were unable to produce an EPM in 2021. This is why the 2019 manual carries the force of law to this day. The Court has been unable to find any authority suggesting a case is not ripe for decision because a government actor may choose a different course of conduct in the future.” (emphasis added)
The case is ongoing, with a status conference scheduled later this month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
