Arizona legislative Republicans have come up with a new way to hold Democrat state officials accountable to the rule of law.
On Tuesday, the Arizona House Republicans Caucus announced that the House Ad Hoc Committee on Executive Oversight had been created. The new committee will “scrutinize the practices of the Arizona Attorney General and other state officials, specifically to investigate allegations of the abuse of power, dereliction of duty, and/or malfeasance.”
🚨FOR IMMEDIATE RELEASE🚨 New House Ad Hoc Committee on Executive Oversight Formed to Uphold Rule of Law, Deter Partisan Abuse and Weaponization of Public Offices
“The Arizona House of Representatives has an inherent obligation under the Arizona Constitution to conduct… pic.twitter.com/trbSZTNjtJ
— Arizona House Republicans (@AZHouseGOP) March 26, 2024
According to the press release issued by Arizona House Republicans, the committee will be “tasked with developing recommendations for potential legislative action and other measures to promote the rule of law and deter partisan abuse and weaponization of the office of Arizona Attorney General or other state offices.”
House Speaker Ben Toma created the committee and released the following statement in conjunction with the legislative announcement: “The Arizona House of Representatives has an inherent obligation under the Arizona Constitution to conduct appropriate oversight of officers in the Executive branch to protect the rule of law and the separation of powers. I established this Committee because the public and members of the House have raised serious concerns suggesting that Arizona Attorney General Kris Mayes has engaged in a pattern of malfeasance in office. It is critical that this Committee fully investigate those allegations, thoroughly review Arizona laws, and solicit more information as necessary to advise the House on any and all appropriate measures that should be taken.”
The press release from the Speaker revealed that State Representative Jacqueline Parker would “serve as chairman of the committee.” Parker is also the chair of the Committee on Municipal Oversight and Elections; she will be maintaining that role.
In acknowledgement of her appointment, Parker said, “Attorney General Mayes has refused to defend state laws in court, harassed parents who have elected to use the ESA program to educate their children, threatened elected county officials with illegitimate prosecutions, and diverted funds and resources of her office to serve her own partisan purposes that are not authorized by the Legislature or state law. These are among the allegations that I expect the Ad Hoc Committee will thoroughly investigate.”
The five Republican State Representatives who will serve on this committee were already named: Parker, Austin Smith (Vice Chair), John Gillette, Neal Carter, and David Marshall. There are three vacancies for Democrats on the committee; those positions are expected to be named at a future date.
Representative Smith weighed in on his new assignment, writing, “As Vice Chairman of the Ad Hoc Committee on Executive Oversight, it is imperative that the legislature exercise its constitutional authority as a check on the executive branch. We have heard from many concerned citizens that Kris Mayes recent behavior is unwarranted, weaponized and partisan. We will thoroughly investigate potential partisan activity in the Attorney Generals office for the protection of this Constitutional Republic.”
As Vice Chairman of the Ad Hoc Committee on Executive Oversight, it is imperative that the legislature exercise its constitutional authority as a check on the executive branch.
We have heard from many concerned citizens that Kris Mayes recent behavior is unwarranted, weaponized… https://t.co/mDLTswsuwj
As a pivotal election year approaches, Arizona Republican legislators are still working to strengthen election integrity and security across the state.
Last week, Arizona State Representative Jacqueline Parker and State Senator Wendy Rogers sent a joint press release to “announce their firm commitment to rectify issues arising from conflicting federal and state deadlines in the forthcoming elections.”
The legislators shared that the genesis of their concerns lies with a 2022 law, SB 1008, which “elevated the automatic recount threshold from an arbitrary, below national average margin of 200 votes, to a standard of less than one-half of 1-percent (0.5 percent),” adding that “this change brought Arizona in alignment with several states, including Florida, Colorado, and Pennsylvania.”
SB 1008 may have passed out of both legislative chambers with broad bipartisan support, as Parker and Rogers noted in their release, but it does not appear to be a perfect fix to the issues that lawmakers were attempting to resolve, hence the reason for the push to provide a patch for this bill. In commentary with their release, the two legislators wrote, “As the state approaches the next election cycle, an increased incidence of automatic recounts, expected as a result from the change in law, poses a potential challenge to counties in meeting certain deadlines.”
Both legislators issued statements to accompany their announcement. Parker said, “This challenge presents us with a unique opportunity to correct the underlying problems that have plagued Arizona elections, rather than approach it as a temporary band-aid fix that fails to move us forward.” Rogers said, “A true legislative fix will provide clarity, promote transparency, and will save taxpayer dollars.”
In a follow-up release later that day, Parker revealed that the legislators had met with stakeholders, wasting no time in starting the process of fixing the holes from the bill. Parker stated, “We hosted the first of many stakeholder meetings today to hear from the boots on the ground who are in the thick of administering our elections, as well as legal experts. We want to make sure we have in-depth conversations with these stakeholders, so that we can identify the proper fix needed to strengthen the integrity of our elections and the confidence voters have when they cast their ballots.”
Senator Rogers also weighed in, saying, “In order to remedy the unintended consequences of this law, we must first draft proposed legislation, and that certainly won’t happen overnight. This is a painstaking process that will require feedback from everyone involved with our elections procedures. We plan to resolve this conflict before the 2024 election, but we must first thoroughly and methodically work with all parties involved. This could very well take several months, but as Republicans, we are committed to coming up with a solution that is transparent, organized, accurate, secures our elections, and saves taxpayer dollars.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Two Arizona Republican legislators are raising concerns over a draft of the new Elections Procedures Manual (EPM) from Secretary of State Adrian Fontes.
On July 18, Representatives Jacqueline Parker, the Chairwoman of the Arizona House Committee on Municipal Oversight & Elections, and Alexander Kolodin, the Committee’s Vice Chair, transmitted a letter to Secretary Fontes, highlighting certain issues with the initial copy of the EPM that they had seen from his office.
MOE Committee is also pouring through the EPM with a fine toothed comb. There are many violations of statute so far. pic.twitter.com/ktD9F9mSNe
— Rep. Jacqueline Parker (@electjacqparker) July 19, 2023
The lawmakers were grateful that Fontes allowed them to see his draft, and they expressed optimism that “with legislative guidance, the 2023 EPM will not meet the same fate as the 2021 EPM, and that Arizonans will be assured that all drafts, including the final draft presented to the Governor and Attorney General, are legally consistent with Arizona election law.” They called the 2021 saga “both unprecedented and unacceptable,” writing, “Your predecessor’s failure to issue a lawful EPM ultimately led a court to decide that the 2019 EPM was in effect for Arizona’s 2022 elections, rather than an updated, legally compliant 2021 EPM.”
— Rep. Alexander Kolodin (@realAlexKolodin) July 19, 2023
In their letter to Secretary Fontes, Parker and Kolodin identified eight possible violations of Arizona statutes in four chapters of the draft EPM:
– Chapter 1: Early Voting
o “Part I, page 5 moves ‘date of birth’ from required information to additional information that may be provided by a voter to receive an early ballot.”
o “Part I, page 3 allows the County Recorder to send a requested early ballot ‘after 5:00pm the 11th day preceding the election if the County Recorder has sufficient time to do so.”
o “Part I, page 16 requires the County Recorder or officer in charge of elections to supply printed instructions that ‘provide the voter instructions on how to make their intent clear if they inadvertently mark the target area for a candidate or ballot measure.’”
o “Part I, page 18 includes the exclusion of an established Ballot Replacement Center.”
– Chapter 2: Ballot-by-Mail Elections
o “Part I, page 31 refers to ‘precinct with 300 or less registered voters.’”
– Chapter 7: Pre-Election Procedures
o “Part II, page 34 allows the officer in charge of elections to allocate specified duties to any board member as deemed appropriate, including ‘taking appropriate measures to preserve order, prevent voter intimidation, and manage voter lines.’”
– Chapter 8: Election Day Operations
o “Part III, page 8 adds additional examples ‘potentially intimidating conduct’ that supersedes statutory law.”
o “Part III, page 19 adds language that prohibits a challenger from speaking to a challenged voter to ‘prevent harassment and intimidation of the challenger voter.’”
The two Representatives also requested that “future drafts of the EPM contain statutory references for each provision to provide county officials with the statutory source of each EPM provision.” Parker and Kolodin pointed out two sections in the draft EPM where there were no statutory references – as examples to illustrate their issue.
As they concluded their letter to the state’s elections chief, the legislators commented that they “are looking forward to seeing these provisions addressed prior to the EPM’s submittal to the Governor and the Attorney General on October 1, 2023.” They promised to communicate in a timely manner with the Secretary’s Office “about any other concerns that might arise,” and they asked for a written response to their letter by July 25.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Both Republicans and Democrats came together this week at the state legislature to enhance protections for Arizona’s children.
The Arizona House overwhelmingly passed HB 2516, which deals with investigations into child abuse cases. 56 legislators voted to send the bill to the Senate against zero detractors. Four House members did not vote.
The full House vote follows two unanimous votes to free the legislation from committees. On February 1, the House Judiciary Committee voted 8-0 to approve the bill, and likewise with the House Rules Committee on February 13.
According to the overview of the bill provided by the Arizona House of Representatives, HB 2516 “adds a forensic interview as an alternative examination method for a child taken into temporary custody due to exigent circumstances involving sexual abuse or serious physical injury.” (“Exigent circumstances exist if there is probable cause to believe that the child is likely to suffer serious harm in the time it would take to obtain a court order for removal and either of the following is true: 1) There is no less intrusive alternative to taking temporary custody of the child that would reasonably and sufficiently protect the child’s health or safety; or 2) Probable cause exists to believe that the child is a victim of sexual abuse or abuse involving serious physical injury that can be diagnosed only by an appropriately licensed physician or health care provider.”)
Representative Parker’s bill “authorizes a person who takes temporary custody of a child due to exigent circumstances involving sexual abuse or serious physical injury to immediately have the child forensically interviewed by a person who is appropriately trained pursuant to statutory protocols, as an alternative to a medical examination.” Currently, “unless the examination (by an appropriately licensed physician or health care provider) reveals abuse, the person must release the child into the custody of the parent of guardian.”
The bill also “changes the definition of a reportable offense by replacing an Arizona statute, which criminalizes providing harmful items to minors by electronic means with another statute, which criminalizes providing harmful items to minors by non-electronic means.”
In an exclusive interview with AZ Free News, Representative Parker explained why she introduced this bill:
“HB 2516 is an example of how important language and wording are in the law. ARS 8-821 was an example of the ‘cart before the horse’ regarding children whom agencies received after a report of child abuse. Well-intentioned laws, not carefully updated, can lead to ambiguity in interpretation. Therefore, bringing the statute into compliance with current professional procedure manuals was paramount. Experienced and trained professionals must first talk to the child in an important forensic interview to determine the appropriate next step.”
Rebecca Baker, Legislative Liaison for the Maricopa County Attorney’s Office (MCAO), represented the Office in supporting this legislation before the full House vote.
HB 2516 now makes its way to the Arizona Senate chamber – one step closer to a potential signature into law from Democrat Governor Katie Hobbs.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
For a number of years, the Grand Canyon State has been home to some of the most pro-life and pro-family lawmakers, officials, and advocates in the nation, giving Arizona a superior reputation for protecting life and parental rights. Even with a drastic change in values from the state’s new governor, some legislators are still seeking to augment their state’s pro-life standing.
Senator Jake Hoffman introduced SB 1146, which “requires the State Board of Investment to identify U.S. companies that donate to or invest in organizations that promote, facilitate or advocate for abortions for minors or for the inclusion of, or the referral of students to, sexually explicit material in grades K-12,” according to the purpose of the bill provided by the Arizona Senate. Hoffman’s legislation would require “the State Treasurer to divest from the identified companies.”
SB 1146 has eleven co-sponsors: two in the Senate (Senators Anthony Kern and Justine Wadsack), and nine in the House (Representatives Joseph Chaplik, Justin Heap, Rachel Jones, Alex Kolodin, Cory McGarr, Barbara Parker, Jacqueline Parker, Beverly Pingerelli, and Austin Smith). Earlier this month, it passed out of the Senate Finance Committee, chaired by J.D. Mesnard, with a party-line 4-3 vote. Senators Mesnard, Steve Kaiser (Vice Chairman), Janae Shamp, and David Gowan voted to approve the bill; while Senators Lela Alston, Brian Fernandez and Mitzi Epstein voted to oppose.
In an exclusive interview with AZ Free News on why he sponsored this bill, Senator Jake Hoffman said, “There is no excuse for Arizona taxpayer resources being used to prop up woke corporate oligarchs that are funneling their profits into far-left extremists groups working to undermine our state’s pro-life and pro-family policies. We are in a war for the minds and souls of our future generations, and we should not sit idly by while the ruling class ‘elites’ force feed them a radical agenda that is antithetical to the values of the majority of Arizonans.”
Democrat Senator Mitzi Epstein strongly disagrees with this legislation, saying, “It would violate people’s First Amendments; their various rights to have an abortion, which is legal in Arizona or their various rights to learn about things from places that provide those materials. The Senate Democrat Caucus also warned about this bill before the Finance Committee took it under consideration this week, tweeting, “SB 1146 interjects politics into our money management where there is currently no problem. Further demonizing age-appropriate sex education and abortion care is not popular policy. We cannot afford more Republicans games.”
Should this bill pass both chambers of the Arizona Legislature, it would likely find an open door on the Ninth Floor for an expedient veto from Governor Hobbs, who made abortion rights one of the themes of her State of the State address to the Legislature in January.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
