Legislation to increase Americans’ First Amendment rights at Arizona colleges and universities appears to be obtaining more bipartisan appeal as it moves towards the Governor’s Office.
On Monday, the Arizona House of Representatives passed SB 1013, which deals with free speech zones on state universities and colleges. The proposal, sponsored by Senator John Kavanaugh, “allows a person to engage in expressive activity in any area on a public university or community college campus where they are lawfully present, and modifies the state aid amounts from a community college district that exceeds its expenditure limitation in FY’s 2024 and 2025.” SB 1013 passed 57-1 (with one Democrat not voting and one seat vacant).
Kavanaugh’s bill first passed the Arizona Senate on February 28 with a 16-14 vote along party lines – after clearing the Education Committee with a 5-2 tally. When the legislation was transmitted to the House, it was assigned to the Education Committee as well, where it received a unanimous 8-0 approval (with two Democrats voting ‘present’).
The bill was amended twice – once in the Senate and another time in the House. The first amendment came from Senator Kavanaugh, specifying “that the authorization for a person to engage in expressive activity on a public university or community college campus in any area where the person is lawfully present does not prohibit a university or community college from regulating economic activity on the campus.” The House amendment, sponsored by Representative David Livingston, set “penalties for a community college district that exceeds its expenditure limitation;” and also limited “the maximum penalty that can be withheld from a provisional community college district established before December 31, 2015, located in a county with a population less than 300,000, which exceeds its expenditure limitation.”
Days after his bill passed the Arizona Senate, Kavanaugh recorded a video to explain his reasoning for introducing the legislation, saying, “If you’re on a college campus, and you have a legal right to be where you’re at – and you’re not blocking people and you’re not disrupting anything, then you can do and say whatever you want that’s legal. We’re going to restore the First Amendment to our universities. It’s long overdue.”
Since the House amended the Senate’s version of SB 1013, the Senate will have to concur with the changes in the coming weeks. On Tuesday, the bill was sent back to the Senate to await further action.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The 2024 Presidential Primary is already testing the unity of the Arizona Republican Party as former and current officials take sides months ahead of the state’s preference election.
Late last week, a group of Arizona Republicans wrote a letter to Florida Governor Ron DeSantis, asking him “to seek the presidential nomination of our Grand Old Party.” The letter came as DeSantis was embarking on a high-profile to the important primary state of Iowa and as rumors have indicated he may be close to jumping into the presidential race on the Republican side.
The letter, entitled “Arizona Republicans Ready to Win in 2024,” was headlined by Speaker of the House Ben Toma, and former East Valley Congressman Matt Salmon. House Majority Whip Teresa Martinez, Senator Ken Bennett, Senator Frank Carroll, Senator Steve Kaiser, Senator J.D. Mesnard, Senator TJ Shope, Representative David Cook, Representative Lupe Diaz, Representative Kevin Payne, Representative Beverly Pingerelli, Representative Justin Wilmeth, City Councilwoman Vicki Gillis; and former officials Frank Riggs, Shawnna Bolick, Regina Cobb, Jeff Dial, Sandra Dowling, Nora Ellen, Eddie Farnsworth, Robert Garcia, Rick Gray, Vince Leach, Jeff Weninger, and Steve Yarbrough.
The plea for DeSantis to join the presidential field was driven by the “damage being done to (Arizona) by the reckless policies of the Biden Administration.” The officials highlighted “the strains that open borders are placing on (Arizona’s) health, education, and public welfare systems;” “reckless overspending” and “rampant inflation;” “liberal attacks on our first responders and public safety programs;” America’s deteriorating “standing in the world;” and “political correctness and its many cousins, like censorship, Critical Race Theory, SEL, ESG scores.”
After listing the primary areas where President Joe Biden’s policies are bringing harm to their state, the Arizona signatories wrote, “These are just a few of the many reasons why Republicans must retake the White House in 2024 and why we must be led in that effort by someone who knows right from wrong, is not afraid to speak truth to power, will not be bullied by the left or their accomplices in the media, who has a track record of successful governance, and who can assemble the required national coalition of voters needed to win the Presidency and bring along strong majorities in the House and Senate.”
They added, “We believe you are the right candidate at the right time, with the required combination of personal attributes we will require to unite our passionate party.”
If DeSantis joins the growing list of Republican contenders for the White House, these Republican endorsements of his candidacy will be vital in a state that has featured some of the top national supporters of former President Donald J. Trump from 2015 to present. When Arizona Republicans voted in the March 2016 Presidential Preference Election, the top two candidates at that stage in the national endeavor for the most delegates were Trump and U.S. Senator Ted Cruz. Trump beat out Cruz by almost 7,000 votes. The eventual nominee for the Democrats, Hillary Clinton, handily defeated U.S. Senator Bernie Sanders in the Grand Canyon State.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The former secretary of state of Ohio has come to the defense of embattled GOP candidate Abe Hamadeh, claiming that not all legal ballots were counted in the 2022 election.
Hamadeh shared the remarks from the former Ohio official: Ken Blackwell, who currently serves as Center For Election Integrity chair for the America First Policy Institute (AFPI). Blackwell disputed Maricopa County’s claim in their recent report that all legal ballots were counted. Blackwell further called out Gov. Katie Hobbs for her work as secretary of state, claiming that she purposefully overlooked significant discrepancies revealed by the recount.
“There is testimonial evidence of people who did not have their votes counted,” stated Blackwell. “And in a legal case brought by Arizona Attorney General candidate Abe Hamadeh, evidence shows that then-Secretary of State Katie Hobbs knew the recount showed discrepancies and failed to disclose those relevant facts to the court in a timely manner before the court made its ruling. This failure to do so is either gross incompetence or a cover-up.”
Blackwell also criticized Maricopa County for not troubleshooting their printers well enough prior to Election Day.
“Common sense and basic competence would dictate election officials assess the capability of the printers BEFORE Election Day. They didn’t,” said Blackwell.
The Maricopa County report characterized the problematic printers as “old printers.” However, age wasn’t the issue, but the original intended functionality of those printers. By the county’s own admission, a certain model of printers were retrofitted to be ballot-on-demand (BOD) printers. These retrofitted printers, the “Oki” model, had a heat setting that printed the ballot markings either too lightly or in a speckled manner.
. @MaricopaVote : the faulty printer setting causing widespread tabulator issues occurred in one of two types of printers: the one retrofitted to be a ballot-on-demand printer, "Oki." County expressed confusion with its failure since stress testing went well. 71 sites impacted. pic.twitter.com/jZEmQiZXQn
The outsourced county report recommended replacement of the Oki printers, as well as reverting to shorter and lighter-weigh ballot paper.
Maricopa County launched the investigation into the printer errors in January. Poll workers testified in November, following the Election Day fiasco, that election machines were having issues prior to Election Day. These testimonies conflicted with the county’s reporting that their stress testing prior to Election Day didn’t reveal either tabulator or printer issues.
In several weeks, Hamadeh will present oral arguments in the Mohave County Superior Court to challenge the validity of the 2022 election results. Hamadeh has challenged the exclusion of thousands of provisional votes from the final tally, hundreds of which he has said he can definitively say should have been counted. Last month, Hamadeh stated that he had over 250 affidavits from allegedly disenfranchised voters.
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He also claimed his team found 750 high-propensity voters whose registrations were canceled. Of those 750, only 176 reportedly showed up to vote last November.
There were also a majority of 269 voters who told Hamadeh that they checked in on Election Day with mail-in ballots, but their votes weren’t counted. 149 were Republicans, 53 were Democrats, and 67 were “other” voters.
Those claims, combined with an analysis of the uncounted provisional ballots, make a compelling case that Hamadeh overcame the 280 vote gap between him and Mayes. It’s possible more legal votes exist, considering the original vote gap between Hamadeh and Mayes was nearly halved following December’s recount.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
As the political impasse between Democrat Governor Katie Hobbs and the Republican-led Legislature remains at a historic divide, legislators continue to create new committees to tackle outstanding issues facing the state.
This week, the Arizona Legislature announced the formation of the Novel Coronavirus Southwestern Intergovernmental Committee “to examine federal, state and local efforts to mitigate the COVID-19 pandemic, any fallout from such measures, and to identify any possible legal remedies against individuals or entities where appropriate.”
According to the announcement, this committee will “gather information from experts and provide the public with a formal venue to share their stories, experiences, and grievances from the pandemic response by public health departments and healthcare systems.” The committee will also “evaluate protocols and overall public health guidance, funding incentives for health care facilities, injustices committed against families, businesses, workers and industries, potential preventative protections that may have been able to safeguard Arizona citizens against harms committed, and anything else deemed relevant to the pandemic.”
Arizona Senator Janae Shamp was tapped to serve as the committee’s chairman, and Senator T.J. Shope was selected as vice-chairman. Rounding out the committee’s membership will be U.S. Representatives Andy Biggs, Paul Gosar, and Eli Crane, along with Arizona Representative Steve Montenegro.
Chairman Shamp released the following quote in conjunction with the news about this fledgling committee: “The pandemic was a heartbreaking period for so many people on so many different levels. I lost my job as a Perioperative Nurse because I refused to take the experimental vaccine that we now know has produced serious side effects in a number of otherwise healthy individuals. We’ve witnessed lives and livelihoods lost for no other reason than the mismanagement of COVID-19, and we are determined to hold those accountable for the injustices experienced.”
Vice-Chairman T.J. Shope told AZ Free News his “hope is that this committee will get to the bottom of when public officials knew that virus suppression measures being foisted on the public were actually unnecessary and how fast they responded to lift those measures.” He also praised Senator Shamp’s assembly of “an all-star team of medical experts,” and he expressed excitement for his expected participation.
The committee will meet on May 25 and 26 from 8:30am-4:30pm in the Arizona Senate building, and additional hearings will be scheduled in the future.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
On Wednesday, the 56th Arizona Legislature filed an Emergency Application to U.S. Supreme Court Justice Elena Kagan for a Vacatur of the Stay Pending Appeal Issued Sua Sponte by the United States Court of Appeals for the Ninth Circuit, involving the Biden Administration’s 2021 COVID-19 vaccine mandate for federal employees and contractors. Last week, the Ninth Circuit Court “reversed the district court’s order granting a permanent injunction and dissolved the President’s ‘Contractor Mandate’ Executive Order requiring federal contractors who worked on or in connection with federal government projects to be vaccinated against COVID-19.” The Legislature’s application seeks to reinstate that injunction, arguing that “because the Federal Respondents did not request a stay below, the Ninth Circuit overreached when it disturbed the status quo and stayed the district court’s injunction sua sponte.”
Senate President Warren Petersen issued the following statement to announce the filing spearheaded by him and House of Representatives Speaker Ben Toma: “We will not allow President Biden to blatantly undermine the will of the Arizona State Legislature in the protections we’ve provided for our citizens to prevent a COVID-19 vaccine mandate from dictating employment opportunities. The Biden Administration has made it clear that they are against any Americans who push back against this vaccine and will abuse their powers in order to force compliance as a stipulation of doing business with the federal government. Arizona will not tolerate this gross government overreach and intrusion of individual liberties. The Legislature’s intervention in this lawsuit against President Biden is critical in protecting the sovereignty of our state and the rights of all Arizonans.”
The case began as Brnovich v Biden, when former Arizona Attorney General Mark Brnovich filed the first lawsuit in the nation against the president’s COVID-19 vaccine mandates. At the time, Brnovich said that “the federal government cannot force people to get the COVID-19 vaccine,” and that “the Biden Administration is once again flouting our laws and precedents to push their radical agenda.” Brnovich’s suit was heard before U.S. District Court Judge Michael Liburdi, who later, in February 2022, issued a permanent injunction against the president’s mandate for federal contractors.
The Legislature’s application makes the case that this mandate is an abuse of President Biden’s authority, writing, “The Contractor Mandate is an unprecedented claim of presidential authority. Before September 2021, the federal government had never mandated vaccinations for the domestic civilian populace. Even as smallpox, polio, and influenza spread throughout the country, vaccine mandates were always viewed as an exercise of the general police power to be exercised by duly elected state legislatures and subdivisions of the States. See generally Zucht v. King, 260 U.S. 174, 176 (1922). Throughout those crises and the COVID-19 pandemic, even Congress with the full authority of Article I—has never mandated vaccination for anyone other than government personnel serving overseas or the military.”
The Arizona Senate Democrats Caucus quickly made it clear that its members were not supportive of this action taken by the Republican leaders, tweeting: “ARIZONA: The @AZSenateGOP changed the Senate rules in January 2023 to ensure that “The President is authorized to bring or assert in any forum on behalf of the Senate any claim or right arising out of any injury to the Senate’s powers or duties under the constitution or laws of this state.” Senate Democrats DO NOT support this & were not consulted about this frivolous use of state funds to take shots are our federal government. The COVID-19 vaccine is safe and saved countless American lives. This is wasteful and could have severe consequences.”
🚨 ARIZONA: The @AZSenateGOP changed the Senate rules in January 2023 to ensure that "The President is authorized to bring or assert in any forum on behalf of the Senate any claim or right arising out of any injury to the Senate's powers or duties under the constitution or laws… https://t.co/7PBGdfRMel
— Arizona Senate Democrats (@AZSenateDems) April 26, 2023
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
