Arizona’s Republican legislative leaders continue to come to the unwavering aid of the state’s Empowerment Scholarship Account (ESA) Program.
After the ESA program sustained another political attack from Democrat Governor Katie Hobbs, House Speaker Ben Toma released a statement in support of the landmark school choice expansion for the state. Toma said, “Governor Hobbs continues to blast the ESA program as unsustainable and exceeding estimates. Neither are true. We remind the Governor that she leads the entire state of Arizona, and if she seeks changes to the ESA program, she ought to propose serious policies, not tweet vague threats. The State Legislature has yet to see any policy proposals from her office. Arizona will continue to responsibly fund students, not systems.”
Arizona’s K-12 Budget Is Right on Track: "Governor Hobbs continues to blast the ESA program as unsustainable and exceeding estimates. Neither are true," said Speaker Ben Toma. "We remind the Governor that she… pic.twitter.com/eNlnXwz2db
According to the Speaker’s press release, “the Department of Education reported on October 4 that the budget is currently on pace to have a year-end surplus of roughly $77 million,” adding that “the budget estimate of 68,000 total users (in the ESA program) is within 1% of the current program enrollment.”
The Speaker’s defense of ESAs came soon after Hobbs unleashed another attack against it, claiming that the program “threatens to decimate our state’s budget.” In a post on the platform “X,” Governor Hobbs stated, “The school voucher program is unaccountable and unsustainable. It does not save taxpayers money, and it does not provide a better education for Arizona students…I call on Superintendent Horne, Speaker Toma, and President Petersen to join with bipartisan leaders to pass accountability and transparency measures, and bring an end to this wasteful, runaway spending.”
The school voucher program threatens to decimate our state’s budget.
I call on Superintendent Horne, Speaker Toma, and President Petersen to join with bipartisan leaders to bring accountability to the school voucher program and end the wasteful, runaway spending. pic.twitter.com/6pvsovlWBO
Horne and Petersen also took time to respond to the governor’s assertions, pushing back against her allegations and supporting the integrity of the program. Horne said, “The Governor’s calculation is in error. She is counting the $7,200 paid for each ESA student without offsetting the $13,000 paid per student that would otherwise be spent for that student to attend a public school. The overall numbers bear this out as the expenditures for all public-school spending, including the ESA program are $72 million below budget.”
Petersen added, “Arizona families want choices for their children’s education. ESAs are one of many choices the Legislature is prioritizing. The fact is, we budgeted for the 68,000 kids currently enrolled and have responsibly planned for incremental spending increases for this program in the years to come, as we do with a variety of other programs in our overall budget. We’re always open to improving our state’s programs, but for the sake of Arizona families who want to choose the best educational settings to meet their children’s needs, ESAs are here to stay.”
Since failing to address ESA changes in the state’s budget, which was passed earlier this year, Governor Hobbs has increased her political volleys against the program, joining allies who were enraged at her perceived capitulation to Republican lawmakers. As a new legislative session nears, Hobbs and her staff will likely be more focused on exacting some concessions when the next round of budget negotiations resume in 2024. Ultimately, Arizona voters will have a significant role in determining the direction of the state’s ESA program, whether by changes to the political party make-up of the legislature or through a yet-to-be-filed ballot initiative.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
As Arizonans continue to pay high prices at the gas pumps, a recent revelation exposes a possible contributing factor from the state’s chief executive.
On Monday, the Joint Legislative Ad Hoc Study Committee on Air Quality and Energy issued a press release after a hearing with Michelle Wilson, the Regulatory Compliance Administrator for the Arizona Department of Weights and Measures, publicizing that Wilson “admitted the Hobbs Administration was passive when oil companies in March warned of refinery shutdowns.” The Committee added that “according to Wilson, for the first time in five years, the Governor’s office received a request from refineries to ask the EPA for a waiver, allowing for an alternative fuel type to provide an adequate supply for drivers and preventing a hike in gas prices” – yet after the Governor’s Office “had conversations with the EPA about submitting a request for a waiver,…the EPA convinced Hobbs to not submit one.”
According to Senate Republicans, “this catastrophe reduced the supply of the type of gasoline drivers in Maricopa County are required to fill their tanks with, known as ‘Cleaner Burn Gas’ (CBG), in order for Arizona to comply with the U.S. Environmental Protection Agency’s Clean Air Act requirements.”
“Rather than making a case on behalf of Arizonans struggling to fill their tanks with prices hitting $5 per gallon, Governor Hobbs chose to not push back against the EPA and was complicit with the Biden Administration’s pro-inflation, radical environmentalist agenda,” said Senator Sine Kerr, the Committee’s co-chair. “As a result of Hobbs’ inaction, Maricopa County drivers were forced to shell out an extra several hundred million dollars just to get to their destinations during this supply disruption.”
“It’s clear Governor Hobbs is taking her marching orders from the federal government, instead of serving the best interests of our citizens,” said Senator Frank Carroll, a member of the committee. “While Republicans were securing a tax rebate to give $260 million dollars back to Arizona families hurting from historic price hikes, the Governor sat on her hands and cost families at least half that amount at the pump. We plan to analyze potential changes to policy to protect Arizonans from these irresponsible actions by the Executive Branch and reckless big government overreach.”
In the leadup to the hearing, legislative Republicans signaled they sought to investigate “the driving force behind (Arizonans’) pain at the pump and how to provide relief to motorists.” They promised to “analyze one of the contributing factors pushing Arizona’s gas prices to level higher than the national average, which is the unique blend of gasoline required by state law since 1997 called ‘Cleaner Burning Gasoline.’”
This isn’t the first time Hobbs has taken political heat for her actions (or lack thereof) on this issue. Earlier this year, Senator Jake Hoffman unleashed a blistering rebuke of Hobbs’ reported failure “to do the right thing by requesting this waiver to allow prices at the pump to drop.” Hoffman’s statement followed accounts of a letter that had been sent to Hobbs in March by independent petroleum refiner HF Sinclair, warning the state’s chief executive “of a critical supply shortage in Arizona due to an unexpected equipment failure stopping the production of ‘Cleaner Burning Gasoline’ (CBG) required by the Biden Administration in Maricopa County, as well as parts of Pinal and Yavapai Counties.”
Per Senator Hoffman’s release, HF Sinclair had argued that Hobbs would be within her right to seek the waiver from the EPA, writing, “Pursuant to 42 U.S.C. § 7545(c)(4)(C)(ii), EPA may temporarily waive a control or prohibition respecting the use of a fuel when extreme and unusual fuel supply circumstances prevent the distribution of an adequate supply to consumers. EPA may grant such a waiver where such circumstances are the result of a natural disaster, Act of God, refinery equipment failure, or another event that could not reasonably have been foreseen or prevented, and where doing so would be in the public interest (e.g., when a waiver is necessary to meet projected temporary shortfalls in fuel supply in a state or region). Such circumstances presently exist in Arizona.”
In his June release, Hoffman said, “Katie Hobbs’ incompetence as Arizona’s Governor continues to take center stage, and hardworking Arizonans are paying the price for it. The average price for a gallon of gas right now in Maricopa County is a full $1 higher than the national average. This is extra money that could help with groceries, medications and other necessities many of our taxpayers are having a difficult time affording because of the Biden Administration’s reckless policies leading to historic inflation.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The transition in Arizona’s statewide leadership party credentials continues to manifest itself in the fight to defend innocent life in the womb.
Last week, Democrat Governor Katie Hobbs announced that she had “filed an amicus brief in support of Planned Parenthood, opposing the reinstatement of a total abortion ban.” The legal filing was transmitted to the Arizona Supreme Court in Planned Parenthood v. Mayes. The case was previously initiated under the prior Attorney General’s, Republican Mark Brnovich, administration. Attorney General Kris Mayes, a Democrat, has made no secret of her opposition to the pro-life law in dispute, despite her office named as one of the defendants.
Yesterday, I filed an amicus brief in support of Planned Parenthood, opposing the reinstatement of a total abortion ban.
I’m fighting against extremists who want to jail doctors and bring an end to reproductive freedom in Arizona.
In the Hobbs’ amicus brief, she argues that “Abortion access is critical to the health, safety, and wellbeing of Arizonans, and implicates significant liberty interests,” that “failure to harmonize the Territorial Ban with Title 36 and returning to a near-total ban on abortion raises serious questions under the Arizona Constitution,” and that “the constitutional avoidance canon further supports affirming the Court of Appeals’ decision.”
The governor highlighted her battle “against extremists who want to jail doctors and bring an end to reproductive freedom in Arizona.” She noted the stories of two women in the state “who have relied on access to abortion care,” writing, “Erika who sought reproductive healthcare after a previous pregnancy threatened her life. She now lives happily with her daughter & husband in Sedona. And Jasmine, who struggled to provide for her two children when she discovered she was pregnant. Abortion access allowed her to graduate from college & pursue full-time work.”
One of Arizona’s premier pro-life organizations, the Center for Arizona Policy, also filed its own amicus brief at the state’s Supreme Court. The Center’s President, Cathi Herrod issued a statement about the brief and the importance of the case, writing, “The brief pushes back against claims from abortion activists suggesting that because Arizona lawmakers only passed pro-life laws within the constraints of Roe, that they never wanted to further restrict abortion. That is clearly false. In anticipation of the eventual fall of Roe, the Arizona Legislature consistently showed its dedication to preserving the rights of the unborn by keeping the pre-Roe law on the books, which reflects Arizona’s strong pro-life position.”
The brief from Center for Arizona Policy argues that the “Respondents’ focus on legislative inaction is incomplete and unavailing,” that “the legislature’s express instruction to retain 13-3603 and to interpret Arizona law to protect unborn children should be respected – especially given the unique circumstances here,” and that “overlap in laws protecting unborn children is a feature, not a flaw, where legal challenges are an ever-present threat.”
The case will be before the Arizona Supreme Court in December.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The historic Turf Paradise racetrack in Phoenix responsible for generating thousands of jobs and hundreds of millions in revenue will close, with Gov. Katie Hobbs partly to blame. Those involved in the racetrack and in a failed deal to purchase it have offered accounts of Hobbs that indicate the governor neglects issues that won’t benefit her politically, even if they benefit the state.
As part of this apparent neglect, Hobbs removed a budget item over the summer that would have continued a $5 million COVID-19 relief grant to Turf Paradise, slashing it to $1 million. Hobbs has also reportedly refused to assist in legislative deals viewed as necessary to secure the purchase of the racetrack.
James Watson — managing partner of the California-based company that failed to close their deal on the racetrack, CT Realty — said Hobbs cut the funds because she “doesn’t care” about racing.
“We’ve been arguing, as is evident across the country, that racing is struggling right now. It needs all the help it can get,” said Watson in an interview with DRF. “But the governor doesn’t care about racing.”
The racetrack would bring in about $90 million into the local economy during its race meet session from November through May, according to the track’s general manager, Vincent Francia, in an interview with ABC 15.
The economic impact from Turf Paradise’s closure is expected to cripple the state’s horse industry. On top of the closure of the track’s 37 betting sites, the track’s leading trainer Justin Evans toldBloodHorse that the farms, ranches, feed stores, horseshoers, apartment complexes, trailer parks, and all other businesses “down the line” that rely on the racetrack season for revenue will be crushed by the closure. Evans reported that he moved his family to Louisiana due to the closure.
“It’s gonna kill [the Thoroughbred industry, the racing industry in Arizona] because now people are going to other places and they’re going to make a new life and they’re not going to come back on a whim that it’s going to reopen or now everybody’s going to be gun shy like they are with Arizona Downs,” said Evans. “This is a terrible thing for the racing community, for the fans, for jocks, trainers, owners, and grooms.”
CT Realty’s deal fell through recently despite its projection to close in December. In addition to the funding, a critical contingency for their deal was the legalization of casino-type games, namely the historical horse racing machines. CT Realty reportedly earned lawmakers’ support on the legalization. However, tribal community lobbyists successfully stonewalled their efforts, arguing that the proposed gaming would jeopardize their gambling industry.
Per reporting by DRF, track owner Jerry Simms was also thwarted by tribal lobbyists in his attempts to obtain similar gaming legalizations over the years.
It’s likely an intervention by the governor would’ve saved the racetrack. Watson indicated to Axios last month that Hobbs had multiple opportunities to legalize the horse racing machines. This would’ve included working with the legislature to overcome tribal opposition earlier this year, or even calling a special session this fall to address the issue.
Such an exercise of power wouldn’t be unusual for Hobbs. Just several months ago, Hobbs stripped all 15 county attorneys of their authority to prosecute abortion cases. That authority went to her political ally, Attorney General Kris Mayes.
I joined @cnn to talk about the energy in Arizona for our 2024 ballot measure that will finally enshrine a right to abortion in our constitution next November! pic.twitter.com/NiRwYmil4O
A partner in the failed track purchase, Larry Lucas with Revolutionary Racing, toldPaulick Report that Gov. Katie Hobbs “lack of interest” in fighting for Turf Paradise’s survival had “frustrated” him.
Simms announced that the site will close on Oct. 1 and that he would retire. Simms purchased the track over 20 years ago for $53 million.
Turf Paradise Will Not Continue Live Racing or Simulcasting Beginning October 1, 2023 Follow the link for details.https://t.co/PfTgGSn6md
CT Realty planned to develop the site to maintain some horse racing, with other parts of the property turned into housing, industrial lots, and a data center.
Turf Paradise – which opened in January 1956 and is home to a Unibet Sportsbook – has announced it has run its last race. In May, it was reported the 252-acre Arizona site would become an industrial space, data center, and housing area. pic.twitter.com/whW18ZEoXX
— Sports & Betting History by BestBettingSites (@CDCHistory) September 19, 2023
Some locals also blamed Sims for difficulties that led to the track’s closure, a speculation that aligns with reporting issued over the years on open feuds with track officials and the large racing company 1/ST Racing.
Fitting that first line of @turf_paradise announcement of closing is all about track owner Jerry Simms who ran the place into the ground and was despised by virtually everyone at Turf. pic.twitter.com/OJWuk0Eemg
Others opined the closure was the inevitable outcome of a dying industry.
The closing of Turf Paradise was pretty much inevitable for decades as the entire horse racing industry declines but it still sucks to hear it, that place is a Phoenix dirtbag icon
Turf Paradise opened over 67 years ago, on Jan. 7, 1956, under a Phoenix millwork company owner named Walter Cluer. The businessman purchased 1,400 acres of the desert to establish the racetrack.
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.
