Maricopa Republicans Drop Lawsuit Challenging Transportation Sales Tax

Maricopa Republicans Drop Lawsuit Challenging Transportation Sales Tax

By Staff Reporter |

Maricopa County Republicans no longer wish to challenge the voter-approved transportation sales tax.

The Maricopa County Republican Committee (MCRC) filed a motion to dismiss their lawsuit against Proposition 479 on Sunday. 

The attorney for MCRC’s lawsuit, Bryan Blehm, filed the motion to dismiss on behalf of plaintiffs Craig Berland (chairman) and Shelby Busch (first vice-chairman). 

Proposition 479 was styled as a continuation of a half-cent sales tax first established in 1985 and last renewed in 2004. The tax revenue funds Maricopa County infrastructure and will last until 2045. 

Just short of 60 percent of voters passed Proposition 479. Polling months ahead of the election indicated this to be the case. The proposition came out of a Senate bill advanced by Republican leadership in both legislative chambers, SB 1102, which Senate President Warren Petersen hailed as “the most conservative transportation plan” in Arizona history. 

Not all Republican leaders agreed. Arizona Freedom Caucus members expressed opposition to the Senate bill, as did the “conservative watchdog groups” they referenced.

“[This proposition is] a massive win for Hobbs and the Democrats,” said caucus member State Representative Justin Heap. 

The Arizona Free Enterprise Club and Goldwater Institute also opposed Prop 479. The two entities claimed in remarks of opposition submitted to the county that the proposition would mostly fund transit. 

Per the Maricopa Association of Governments (MAG), 40 percent of the sales tax revenues is slated for the construction of freeways and highways, 22 percent for arterial roads and regional transportation infrastructure, and 37 percent for transit. 

Democratic leadership at all levels stood in support of the proposition’s passage and opposition to the MCRC lawsuit, from Governor Katie Hobbs to Phoenix Mayor Kate Gallego. 

MAG Regional Council also joined the county to argue for dismissal of the lawsuit. Kevin Hartke, MAG chairman and Chandler mayor, said in a statement to InMaricopa that the lawsuit went against the majority of voters and their desire for transportation funding.

“We won’t let a flawed claim stand in the way of our 40-year legacy of building one of the best transportation systems in the country,” said Hartke. “The transportation plan unanimously approved by the region’s elected leadership, sent to the ballot by the Maricopa County Board of Supervisors and overwhelmingly approved by the voters of Maricopa County, is critical to the quality of life of our residents and the continued strength of our local economy.”

MAG predicts the tax will generate up to $15 billion in revenue (using 2020 dollars) and slash commute length to an average of 30 minutes through 2050, even with an estimated influx of 1.7 million residents and 900,000 jobs. 

MAG Executive Director Ed Zuercher indicated that county officials weren’t going to cease moving forward with their transportation plan, even if the lawsuit had progressed.

“The regional transportation plan that was unanimously approved by MAG’s mayors, tribal and county leaders, and supported by business leaders and the voters, will be implemented on schedule,” said Zuercher. 

In reporting from last week, Arizona’s general contractors also sided with the efforts to protect the sales tax. The Arizona Chapter of Associated General Contractors of America had criticized MCRC’s lawsuit as “frivolous” and based on political contentions advanced by “disgruntled partisans.”

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Arizona Corporation Commission Slammed For ‘Amended Formula Rates’

Arizona Corporation Commission Slammed For ‘Amended Formula Rates’

By Matthew Holloway |

The Arizona Free Enterprise Club released a statement on Wednesday severely criticizing the Arizona Corporation Commission (ACC). The statement came after the ACC, which is charged with protecting Arizonans from a non-competitive energy industry, voted to abdicate its duty by allowing formulaic rates that increase automatically year over year, as opposed to every increase being subject to public scrutiny and requiring approval.

The vote on Tuesday was carried 3-2 with commissioners Anna Tovar and Lea Márquez Peterson dissenting. According to the ACC, its policy statement “allows regulated utilities to propose formula rates in future rate cases.  Under this approach, the ACC reviews and accepts as the rate a formula for calculating the utility’s cost of service, including clear definitions of inputs to that formula and a process for updating rates every year as the utility’s costs change.”

The commission claimed, “Formula rates will still be monitored closely to ensure that the utility does not over-earn relative to the cost of service for providing service (plus a reasonable return on invested capital), while continuing to provide service safely and reliably.”

The Arizona Free Enterprise Club responded in a statement saying:

“Following contentious double digit rate hikes being approved and ESG Resource Plans committed to going ‘Net Zero’ by 2050 being rubber stamped, the Commission has rushed through approving new rules masquerading as a mere ‘policy statement’ that could insulate utilities and the Commission from having to face ratepayers in future rate cases. The ‘policy statement’ would depart from traditional rate making and pursue ‘formula based rates’ offloading risk from investors to ratepayers and baking in automatic rate increases with little transparency or opportunity for ratepayer engagement.

“The only support for this ‘policy statement’ came from the utilities themselves. The Commission is charged to protect ratepayers by regulating the utilities, not the other way around. The Commission should pump the brakes, not rush through major rulemaking decisions in a lame duck session.

“The Arizona Free Enterprise Club is committed to protecting ratepayers, ensuring affordable and reliable energy in Arizona. We will continue to work to ensure utilities will not be able to force their captive ratepayers to foot the bill, especially through automatic rate hikes, for their costly goal to go ‘Net Zero’ by 2050 by shuttering reliable sources of energy generation to build out expensive and unreliable wind, solar, and battery storage projects.”

Attorney Dan Pozesfsky of Arizona’s Residential Utility Consumer Office (RUCO), expressed a similar view according to 12News saying, “Trying to implement formula rates through a policy statement rather than through rules is inappropriate, illegal and in this case denies due process.”

The outlet reported that the ACC, ignoring its own plans for the vote, rushed to schedule it noting that in a previous meeting Commission Chairman Jim O’Connor had told stakeholders, “Give us feedback. Bring us guardrails.” He added, “I eagerly look forward to that kind of input at our next workshop.” However, no workshop occurred and no published legal opinions were issued.

Diane Brown of the nonprofit Arizona PIRG Education Fund stressed that the vote was conducted with critical questions about the scheme remaining unanswered. She said, “This is precisely to me why it was so important to have the legal memo that this Commission said they would get. While there are statements that there will be increased transparency, I’m not seeing evidence of that. It is troubling to me that we haven’t heard from the ALJ (administrative law judge). We have not heard from Staff.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.

Prop 140 Goes Down In Flames In Arizona While Other States Also Reject Ranked-Choice Voting

Prop 140 Goes Down In Flames In Arizona While Other States Also Reject Ranked-Choice Voting

By Daniel Stefanski |

An attempt to transform Arizona’s elections systems on Tuesday night fell well short after voters went to the polls.

Proposition 140, which would have imposed a mixed system of Ranked Choice Voting and jungle primaries for future elections in Arizona, was defeated with almost 60% of the vote share, as of Wednesday evening.

“We are so grateful for the Arizonans who stood up to oppose this radical transformation of our elections systems,” said Pinal County Sheriff Mark Lamb and former Arizona Supreme Court Justice Andrew Gould, co-chairs of the No on Prop 140 Committee. “Voters of all political persuasions wisely concluded that Prop 140 would do irreparable harm to our state if enacted. Arizona elections must be free, fair, and transparent, and that is what our system remains after this just result.”

One of the measure’s fiercest opponents, Scot Mussi, the President of the Arizona Free Enterprise Club, praised the outcome. He said, “Prop 140 was one of the worst ideas to ever be proposed in our great state, and it is fitting that it met its demise from a vast majority of Arizonans. Radical leftists, out-of-state billionaires, and scheming consultants tried to hoodwink voters into adopting this failed system, spending millions of dollars and duplicating signatures to qualify for the ballot. We are so pleased that millions of Arizonans did their homework and said ‘hell no’ to, what would have been, a disastrous transformation of our elections system. California can keep their destructive policies and systems on their side of the state line.”

The organization behind Prop 140, Make Elections Fair Arizona, did not appear to issue a statement as of Wednesday on its website or social media platforms. Immediately following the close of polls on Tuesday night, its account promised to be “back online soon with an Election Day campaign update,” but that does not seem to have materialized yet.

In a Wednesday press release, the Arizona Free Enterprise Club highlighted the defeat of Ranked Choice Voting questions in several states in Tuesday’s General Election. Those results were as follows:

  • Colorado: Proposition 131 was defeated with almost 55% of the vote
  • Idaho: Proposition 1 was defeated with almost 70% of the vote
  • Montana: Both CI-126 & 127 were defeated
  • Oregon: Measure 117 was defeated with almost 60% of the vote
  • South Dakota: Amendment H was defeated with more than 65% of the vote
  • Nevada: Question 3 was defeated with almost 54% of the vote
  • Alaska: Measure 2, which repeals the state’s ranked choice voting system, appears headed toward passage

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

Prop 140 Goes Down In Flames In Arizona While Other States Also Reject Ranked-Choice Voting

New Poll Predicts Defeat Of Ranked-Choice Voting Proposition

By Staff Reporter |

The outcome of a new poll is indicating the defeat of Proposition 140, the “Make Elections Fair Act,” which proposes to overhaul Arizona elections with ranked-choice voting and open primaries. 

The Arizona Free Enterprise Club (AFEC) released the poll on Tuesday, conducted by Data Orbital. The pollster surveyed over 500 voters over the past weekend to gauge their support for Prop 140; only 42 percent of respondents expressed support for the measure, with those who have already voted at 38 percent in support. 

AFEC President Scot Mussi stated in a press release that the poll results indicated an opposition to election reforms similar to those adopted by California. 

“This latest poll demonstrates that Arizonans do not appreciate these special interests attempting to commandeer our elections for their radical agenda,” said Mussi. “Arizona voters are diligently doing their research on Prop 140, and they are being turned off by its dangerous effects on our state’s elections and future.”

Mussi remarked that the defeat of Prop 140 would be “sending a message to these out-of-state billionaires and California liberals” that Arizonans won’t adopt “a system run by a partisan election official and his band of unelected bureaucrats.” 

By “partisan election official,” Mussi was referring to the Secretary of State — under Prop 140 reforms, the secretary decides the number of candidates who may qualify for the general election ballot in every race, even their own. Theoretically, that could mean a general election ballot consisting of only one party. 

AFEC also criticized Prop 140 for its speculated potential to increase tabulation errors, lengthen voting lines, and delay election results. 

41 percent of respondents said they were not supportive of the measure. Eight percent said they were undecided, and five percent said they could not recall on how they had already voted on the measure. 

The poll surveyed 261 males and 289 females, and respondents were nearly evenly split on whether they were “extremely likely” to vote (291) or had already voted (231). A select few were only somewhat likely (15) or “50/50 likely” (13). 

A majority of respondents were 65-and-over, white, Republican, in possession of some college education but no degree, and had voted in the last four elections.

Respondents were heavily weighted in the 65-and-over crowd at 33 percent (182 respondents), with decreasing numbers of participation as the age brackets went younger: 17 percent at ages 55 to 64, 14 percent at ages 45 to 54, 14 percent at ages 35 to 44, 13 percent at ages 25 to 34, and eight percent at ages 18 to 24. 

A majority of respondents self-identified as white (71 percent), followed by Hispanic (20 percent), African American (four percent), Asian (two percent), and other (two percent). 

Also, more respondents were Republicans: 39 percent. 32 percent of respondents were Democrats, 25 percent of respondents were independents or unaffiliated, and about four percent were “other” voters. 

42 percent of respondents received some college education but no degree. 25 percent had a bachelor’s degree, 15 percent had a high school degree or an equivalent, over 14 percent had a graduate degree or higher, two percent didn’t have their high school diploma, and one percent refused to answer.

AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.

Bipartisan Coalition Forms To Fight Prop 140’s Tranformation Of Arizona’s Elections System

Bipartisan Coalition Forms To Fight Prop 140’s Tranformation Of Arizona’s Elections System

By Matthew Holloway |

After a stunning decision by the Arizona Supreme Court that will allow votes to be tabulated for Proposition 140, which would usher in ranked-choice voting, a coalition has formed to defeat the measure.

The NO on Prop 140 Committee, co-chaired by Pinal County Sheriff Mark Lamb and former Arizona Supreme Court Justice Andrew Gould, has launched a concerted effort to defeat the measure alongside organizations on both sides of the aisle including:

In a statement, Lamb and Gould said, “Special interest groups should not decide how our elections system operates. Arizonans on all sides of the aisle agree: this scheme to transform our elections into a system found in California is a bad idea. We oppose re-writing our Constitution and imposing such a radical, convoluted scheme on Arizonans.”

According to the Arizona Free Enterprise Club, one of the groups involved in the bipartisan coaltion, Prop 140 would do the following if enacted:

  • “Allows one politician, the Arizona Secretary of State, to decide how many candidates qualify for the general election ballot for every single contest, including his or her own race
  • Would result in some races where candidates from only one political party appear on the general election ballot
  • Would force voters to navigate two completely different voting systems on the same ballot, with some races requiring voters to rank candidates and others that do not
  • Will increase tabulation errors, create longer lines at the polls, and significantly delay election results.”

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for his latest stories, or email tips to Matthew@azfreenews.com.