by Terri Jo Neff | Dec 1, 2022 | News
By Terri Jo Neff |
The Arizona Supreme Court will issue a ruling in the next few months that could allow complaints to be resolved and enforced by state agencies even if the agency did not have authority to impose a penalty or sanction in the first place.
On Nov. 15, the justices conducted oral arguments in a dispute between Legacy Foundation Action Fund and the Arizona Citizens Clean Elections Commission over nearly $100,000 in penalties imposed in 2015 against Action Fund for alleged violations related to election finance reports and political ads.
The Legacy Foundation Action Fund unsuccessfully challenged the Clean Elections Commission’s authority during agency-level proceedings, including an argument that the Commission lacked subject matter jurisdiction. Subject matter jurisdiction is a legal requirement that a given court or government agency has the authority to hear the matter brought before it.
Attorneys for the Action Fund did not timely appeal the issue, waiting instead until 2018 to revive the jurisdictional issue when the Commission sought to collect the penalty.
Earlier this year, the Arizona Court of Appeals issued a split opinion which held in part that the “need for finality” with a decision of an Arizona administrative agency can be more important than whether the agency actually had authority to issue the decision in the first place.
The opinion also noted a judgment by a state-chartered agency such as the Clean Elections Commission is not a legal nullity if the party failed to raise the jurisdictional issue in a timely appeal.
However, a strongly worded dissenting opinion by Judge Cynthia Bailey noted that while Legacy Foundation Action Fund forfeited several appellate rights by not filing its appeal on time, “it did not, and could not, forfeit” its right to challenge the Commission’s subject-matter jurisdiction.
“Subject-matter jurisdiction can neither be waived nor conferred by stipulation. A court simply cannot hear a case over which it has no jurisdiction,” Bailey wrote, adding that “under Arizona statutes and rules, the potential injustice when an agency acts beyond its statutory authority outweighs any interest in finality and judicial economy.”
Bailey’s dissent opinion closely aligns with arguments put forth in an amicus (friend-of-the-court) brief filed with the Arizona Supreme Court by the Goldwater Institute’s Scharf-Norton Center for Constitutional Litigation.
The Goldwater Institute is a nonpartisan public policy and research foundation whose priorities include the defense of individual rights against Arizona’s various state agencies which often operate outside the boundaries of evidentiary and procedural protections.
In the brief, attorney Timothy Sandefur cites prior court decisions in Arizona—some dating back to the 1920s—which have led to established case law that a judgment issued by a court, tribunal, or agency that lacks jurisdiction is void ab initio, or legally null.
“This has always been the rule in Arizona…and it should not be altered now,” Sandefur wrote, pointing out that Action Fund’s only opportunity to have its jurisdictional challenge heard was by the Commission itself, “which is not a judicial body, but a party to this dispute.”
And to elevate finality in litigation over validity as the court of appeals did “is to elevate form over substance and – alarmingly – efficiency over legitimacy,” the brief states.
Sandefur urged the Arizona Supreme Court justices to reject establishing a new legal standard for jurisdiction, especially in light of the burden it will create for people trying to defend themselves when agencies overstep their bounds, Sandefur wrote.
That burden “is likely to fall hardest on unsophisticated and unrepresented parties, particularly small business owners, workers, and entrepreneurs, who are often subjected to enforcement by regulatory agencies and often lack the wherewithal to obtain legal representation,” he added.
A decision from the Arizona Supreme Court is expected in Spring 2023.
by Terri Jo Neff | Nov 29, 2022 | News
By Terri Jo Neff |
Arizonans have less than five months to obtain a federally-compliant form of identification needed to clear TSA airport security checkpoints or access certain Department of Defense (DOD) installations.
Beginning on May 3, 2023, an accepted identification credential under the REAL ID Act such as the Arizona Travel ID or a valid passport will be required before boarding any domestic flight. Arizonans risk being denied boarding because the standard Arizona driver license will no longer be accepted by the TSA, according to the Arizona Department of Transportation – Motor Vehicle Division (MVD).
As a result, MVD is urging people to upgrade their driver’s licenses or state identification cards to the Arizona Travel ID now rather than wait. The credential, which is distinguished on Arizona issued identification by a star in the upper right corner, costs $25.
Because the Arizona Travel ID meets more stringent identification standards than a typical driver’s license, applicants will need to provide extra documentation This includes:
- Proof of identity: a birth certificate or US passport
- Social Security Number (just the number, not the card)
- Two documents proving Arizona residency: i.e., rental or bank statements, credit card or cell phone bills with your name and current Arizona address)
The REAL ID Act of 2005 put into place a recommendation by the 9/11 Commission for the federal government to set minimum standards for the issuance of sources of identification, such as driver’s licenses. Deadlines for compliance have been extended numerous times in recent years, but requirements will now be enforced starting in May.
The Act also prohibits some federal agencies from accepting driver’s licenses and identification cards in certain situations if the issuing state does not meet the Act’s minimum standards. Situations requiring a compliant identification include domestic flights and entrance to DOD-controlled facilities and installations.
Current Arizona residents who have an Arizona-issued driver’s license or identification card can make an appointment for the Arizona Travel ID card at AZ MVD Now.
TSA does not require children under age 18 to provide REAL ID credentialed identification when traveling within the U.S. if accompanied by an adult companion who has compliant identification.
REAL ID cards are not sufficient identification for border crossings or other travel situations which require a visa, passport, or passport card. Learn more at azdot.gov/TravelID
by Corinne Murdock | Nov 15, 2022 | News
By Corinne Murdock |
Maricopa County’s long-awaited drop of 71,000 ballots on Monday night locked in three key races for Democrats: governor, secretary of state, and senator. The vote results remain unofficial, with two statewide races remaining close.
Republicans easily won the state treasurer’s race with incumbent Kimberly Yee at the helm, leading Democratic challenger Martín Quezada nearly 56 to 44 points.
Quezada retweeted political commentary indicating that the Democratic Party didn’t offer him enough support, financial or otherwise.
Incumbent Democratic Senator Mark Kelly will likely win handily over Republican challenger Blake Masters, 51 to 46 percent.
It appears that Masters issued a preliminary concession on Friday, preparing for what Monday’s returns made more apparent.
Democrat Katie Hobbs will be Arizona’s 24th governor, becoming the fifth woman to do so. Hobbs pulled in 50 percent of the vote to Republican opponent Kari Lake’s 49 percent. Hobbs announced that she won on Monday, but Lake didn’t concede.
Rather, Lake questioned why Maricopa County’s top election officials, Recorder Stephen Richer and Board of Supervisors Chairman Bill Gates, launched a political action committee (PAC) to defeat certain Republicans.
Democrat Adrian Fontes prevailed over Republican Mark Finchem in the Secretary of State race, bringing in 52 percent over Finchem’s 47 percent. Fontes declared victory on Monday morning, long before the ballot drop that night.
Finchem refused to believe the results of Monday’s ballot counts. He reminded voters that the polls didn’t reflect the results at all, challenging the ballots’ validity.
Several races remained too close to call. In the race for superintendent of public instruction, Republican Tom Horne leads Democrat incumbent Kathy Hoffman by .02 percent — just over 6,400 votes. In the attorney general’s race, Democrat Kris Mayes also leads Republican Abraham Hamadeh by .02 percent: nearly 3,200 votes.
Greenlee and La Paz counties had 100 percent of their votes completed. Yavapai and Gila counties had over 99 percent of their votes completed as of Monday night. Maricopa County had nearly 99 percent of votes completed. Yuma and Pima counties had 98 percent of votes completed. Coconino County had 97 percent of votes completed. Pinal and Navajo counties had 94 percent of votes completed. Cochise County had nearly 91 percent of votes completed. At the rear, Apache County had 74 percent of votes completed.
Nearly 48,800 ballots remain.
No estimated percentages of completion were given for Graham, Mohave, and Santa Cruz counties. Altogether, they account for over 106,100 votes.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Nov 11, 2022 | News
By Corinne Murdock |
Military personnel stationed in Arizona anytime over the past 30 years may have thousands in unclaimed property.
The Arizona Department of Revenue (ADOR) is seeking 24,009 military members who have a combined $7 million in unclaimed property or funds in Arizona. The largest amount of unclaimed property is worth over $217,000.
Relevant personnel were stationed at Camp Navajo Army Base, Fort Huachuca Army Base, Luke Air Force Base, Tucson’s Davis-Monthan Air Force Base, Yuma Proving Ground Army Base, and the Marine Corps Air Station (MCAS) in Yuma.
Those who believe they have unclaimed property should visit MissingMoney.com, then enter their name as well as their state and city of residence. Individuals listed as having unclaimed property may then submit a claim form, linked here.
In the last fiscal year, the ADOR Unclaimed Property program returned $47 million to owners. Over the last three years, they returned about $155 million. Presently, ADOR reports having over $2 billion in unclaimed property.
Some unclaimed property over the years has all the makings of a blockbuster movie. According to Block Club Chicago, a Chicago man left behind $11 million in unclaimed property in 2016. That’s a record high for unclaimed property. The man, Joseph Stancak, died at 87 a multimillionaire without a will and no immediate living relatives. It wasn’t until this year that a company specializing in unclaimed money awarded the property to 119 distant relatives, none of whom knew Stancak.
An average of one in seven people have unclaimed property averaging $2,000, according to the National Association of Unclaimed Property Administrators.
Unclaimed property doesn’t remain in safekeeping forever, depending on what type of property is held. In January, ADOR hosted an auction for $1.8 billion in property from unclaimed safe deposit boxes.
ADOR holds onto that type of property for around three years before auctioning it off. The profits from those items are retained by ADOR in a bank account for another 35 years. That collection of property had one owner who potentially owned $1.5 million, according to 12 News.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Nov 8, 2022 | News
By Corinne Murdock |
Republican gubernatorial candidate Kari Lake challenged Democratic gubernatorial candidate Katie Hobbs to push back on a mainstream media warning of election hacking.
On Monday, the day before Election Day, Politico issued an article warning that hackers impose “real risks” to election equipment such as voting machines. They prefaced their warning with the disclosure that claims of voting machine hacks from the 2020 presidential election were invalid.
The Politico article stated that there were six potential threats to elections, five of which were related to cybersecurity: misinformation/disinformation, election office and campaign website crashers, campaign social media hijackers, voter registration database hackers, voter harassers, and wireless modem hackers.
Only that last potential threat, the wireless modem hackers, could compromise election results by tampering with unofficial vote data, voting machine processing, or computer tallying. Politico assured readers that this type of cyberattack would be less likely to occur because it’s more difficult and time-consuming. Discovery of this type of cyberattack would only occur through paper ballot analysis and post-election audits.
Tensions over Hobbs’ role overseeing the election as secretary of state in a highly contested race have grown over the last few weeks. Last Tuesday, Lake hired one of former President Donald Trump’s lawyers from the 2020 election lawsuits.
As TIME reported, two former secretaries of state advised that Hobbs should grant election oversight to other officials. However, Hobbs’ office told TIME that she wouldn’t do so.
Richard Mahoney, a Democrat, suggested that Attorney General Mark Brnovich or Maricopa County Recorder Stephen Richer assist Hobbs.
“I think it would be wise if the secretary of state seconded responsibility for ministerial oversight to either the attorney general or the Maricopa County recorder,” said Mahoney.
Ken Bennett, a Republican, suggested others within her office assume control.
“She should recuse herself from the official acts that she would normally perform as secretary and let a deputy secretary or somebody else take care of those,” said Bennett.
The latest polling favors Lake over Hobbs. According to FiveThirtyEight’s summary, Lake leads Hobbs by over two points.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
