Arizona’s leading legislative Republicans are taking the state’s Secretary of State to court in advance of the 2024 election cycle.
On Wednesday, the State Senate Republican Caucus announced that President Warren Petersen and House Speaker Ben Toma filed a challenge in Maricopa County Superior Court over the recently published Elections Procedures Manual (EPM), “requesting the court throw out a number of provisions in the EPM, which violate or conflict with current Arizona election laws.”
🚨 FOR IMMEDIATE RELEASE: President @votewarren Initiates Legal Action Against Secretary of State for Attempts to Disenfranchise Voters, Create New Election Laws through Elections Procedures Manual
“Both the Secretary and our Governor have a track record of not following the law. As a result, I’m taking action to protect the integrity of our elections,” said President Petersen. “This reckless EPM opens the door to unlawful activity and undermines the voter confidence measures Republican lawmakers have implemented over the years.”
Toma added, “The Arizona Legislature is taking steps necessary to protect the integrity of Arizona’s elections…. Secretary Fontes has exceeded his jurisdiction, using the EPM to exercise lawmaking powers that do not belong to him. Our lawsuit aims to halt this overreach and nullify the unlawful provisions in the manual to ensure a fair and lawful electoral process for all Arizonans.”
The #AZLeg is taking steps necessary to protect the integrity of Arizona's elections. Today, Senate President @votewarren and I filed a lawsuit against Secretary of State @Adrian_Fontes over his unlawful 2023 Election Procedures Manual, which flaunts rules that violate existing… pic.twitter.com/NCgaJH995K
The lawsuit, which was filed by attorneys of Statecraft PLLC and Snell & Wilmer L.L.P., asked the Superior Court for a preliminary injunction prohibiting the implementation or enforcement of the 2023 EPM to the extent it purports to:
Allow county recorders to merely move to inactive status – rather than cancel the registrations of – voters who affirmatively stated on juror questionnaires that they do not reside in the relevant county and have not responded within 35 days to a notice from the county recorder;
Prohibit county recorders from relying on information provided by third parties in determining whether there is reason to believe a registered voter is not a United States citizen;
Delay implementation of statutorily required maintenance of the active early voting list until January 2027;
Excuse mistakes or errors in the statutorily required registrations of paid or out-of-state ballot measure petition circulators;
Compel county boards of supervisors to reflexively vote to adopt only the returns provided by the election official when conducting a canvass; and
Authorize the Secretary of State to certify a statewide canvass that consists of returns of fewer than fifteen counties.
The legislative Republicans will have stiff opposition in court from the trio of statewide Democrats who were responsible for producing and approving this EPM: Secretary of State Adrian Fontes, Governor Katie Hobbs, and Attorney General Kris Mayes. When Fontes issued the 2023 EPM at the end of last year, he said, “Free, fair and secure elections have been this group’s commitment to the voter from the very beginning. This is what happens when a committed group of leaders comes together to serve their community. It’s good for our democracy and it’s good for Arizona.”
Governor Katie Hobbs, who preceded Fontes, said, “Partisan politics should have no role in how we run our elections. This EPM builds on the 2019 EPM and 2021 draft EPM from my tenure as Secretary of State and will ensure dedicated public servants from across the state will have the guidelines they need to administer free and fair elections. Together, we can protect our democracy and make sure every Arizonan has the opportunity to have their voice heard.”
As Secretary of State, Hobbs was required to finalize the EPM in 2021, but a divided government shared with Republican Governor Doug Ducey and Attorney General Mark Brnovich stymied the quest to secure a green light for the manual. Hobbs and Brnovich were also mired in an ongoing political feud, which resulted in legal bar charges that the Secretary of State brought against the state’s top prosecutor and several of his attorneys. After receiving Hobbs’ updated manual, Brnovich sued the SOS “to compel her production of a lawful EPM.” Brnovich alleged that “the SOS failed to provide the Governor and Attorney General with a lawful manual by October 1, 2021, as required, and instead included nearly one-hundred pages of provisions not permitted under the EPM statute.” The challenge from the former Attorney General was rendered unsuccessful, and the state was forced to revert to the previous cycle’s EPM (2019) to govern the 2022 races.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
Gov. Katie Hobbs has introduced legislation that would end the entirety of Arizona’s school choice program come 2032.
On Monday, Hobbs announced the release of the bill, part of a forthcoming package, to bring to heel and then end the Empowerment Scholarship Account (ESA) program.
In the press release announcing the legislation, neither Hobbs nor Democratic leaders mentioned the provision ending the entire ESA Program: both the universal and special education components. The coalition characterized the legislation as containing accountability and transparency measures.
As justification for the legislation, the governor repeated claims of misused ESA funding that have been debunked by Arizona Department of Education (ADE) officials.
“Arizonans deserve to know their taxpayer dollars are being spent giving Arizona children the education they deserve, not on luxury car driving lessons, ski trips, and water park passes,” said Hobbs. “We must bring accountability and transparency to the ESA program.”
The bill, SB1399, was introduced by Sen. Minority Leader Mitzi Epstein (D-LD12). Under the bill, the ESA Program would end on July 1, 2032 unless continued by an act of the legislature approved by the governor.
The bill also would:
Require educators at ESA-funded schools to have a higher education; at least three years of teaching experience; and specialized skills, knowledge, or expertise related to the subject matter of instruction
Require fingerprinting and background checks for ESA-funded educators and tutors
Prohibit sales of items purchased using ESA funds
Require preapproval of transactions of $500 or more
Require the purchase of the least-expensive version of educational goods or services
Require ADE to disclose the legal rights waived by admission to the program
Require ADE to estimate the funds needed for the ESA program for the upcoming fiscal year
Implement additional performance and fiscal reporting requirements for ESA-funded schools
Require ESA-funded schools to adhere to outside individualized education programs or Section 504 plans
Establish annual audits of ESA-funded schools
Establish a legislative committee review of the ESA program to determine its economy and efficiency, achievements and shortcomings
Epstein also didn’t mention the bill’s total eradication of the ESA Program. Rather, the senator indicated that her issue with the ESA Program concerned its universalization.
“The unaccountable government expansion of ESA vouchers has put our state’s financial security, and our students, at risk,” said Epstein. “These commonsense safeguards will be vitally important for giving Arizona children a safe and quality education, and bring the same accountability and oversight to ESAs that we expect for any taxpayer spending.”
Today, @GovernorHobbs joined Senate Democratic Leader @MitziEpstein and House Democratic Leader Lupe Contreras in introducing a package of bills that will increase accountability and transparency in the ESA voucher program.
Similarly, House Minority Leader Lupe Contreras (D-LD22) — anticipated to introduce mirror legislation soon — said that the legislation consisted of “basic standards” for transparency and accountability.
The governor put the legislature on notice of the forthcoming legislative package earlier this month.
The day after Hobbs dropped her legislation, ADE Superintendent Tom Horne released the latest data on the ESA Program. Horne reported a projected surplus of $28 million through the 2024 fiscal year, which ends in June.
Citing the projected surplus, Horne denounced the accusations from Hobbs and Democratic lawmakers that the state’s budget woes were attributable to the ESA Program expansion.
“Whatever budget issues state lawmakers are facing this year, they have not been created by the ESA program or any other aspect of basic state aid for education,” said Horne. “The fact there is a surplus in basic state aid, including the ESA program, demonstrates our commitment to good financial stewardship.”
Matt Beienburg of the Goldwater Institute, a major proponent of the ESA Program, said that Hobbs’ proposal constituted “an all-out assault” on students and their families as well as a “government takeover” of private schools.
“Building off Gov. Hobbs’s recent proposal to rip away 50,000 ESA scholarship awards, this legislation goes even further and would terminate the entire ESA program—including for students with special needs—before thousands of these children even complete their studies,” said Beienburg. “This legislation would impose a government takeover of private school tuition rates and operational decisions, attempting to destroy private education and parental autonomy, forcing thousands of families back into a system they’ve desperately tried to escape.”
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
A contentious fight is brewing in the Arizona legislature, the possible reauthorization of the Arizona Commerce Authority (ACA). Governor Hobbs has made the reauthorization a top priority of her administration this session, mentioning it in her State of the State address. But the debate has an ironic element considering the history of its inception.
In 2011, the state was crawling out of a crippling recession, having lost literally hundreds of thousands of jobs and even selling off the state Capitol buildings to dig out of a deficit. The legislature, in collaboration with the Brewer Administration, introduced an omnibus bill sold as a “jobs package” which refashioned the bureaucratic Department of Commerce into the Arizona Commerce Authority, and incorporated both new targeted tax credit programs and incentives, as well as phased in corporate income and commercial property tax cuts.
Democrats a Decade Ago Opposed the ACA
The bill at the time was uniformly opposed by Democrats, including then Representative Katie Hobbs. Republicans mostly coalesced around the bill, with a handful of key conservatives voting in opposition of the legislation, largely in protest of the corporate welfare and multi-million-dollar “deal closing” fund with no legislative oversight. For those unfamiliar with the deal closing fund, it is a large pot of money appropriated to the Director of the Commerce Authority to throw at corporations to convince them to relocate to Arizona.
After the ACA was passed and signed into law, it would seem that only a few conservative voices and the Club itself would prove prophetic at the lack of oversight and inevitable gift clause violations, which is a constitutional protection from the government subsidizing private industry…
Gov. Katie Hobbs’ proposed education funding plan is “dangerous and unsustainable” according to State Treasurer Kimberly Yee.
Hobbs’ plan, if passed by the state legislature, would renew Proposition 123 for another decade and increase the state land trust fund to nearly nine percent. In a statement on Tuesday, the treasurer accused the governor of irresponsible mismanagement of taxpayer funds amid record inflation.
“Governor Hobbs wants to raid the land trust to cover for her mismanagement of the state budget and overzealous spending plans in an ever-increasing inflationary environment,” said Yee.
Yee warned that Hobbs’ plan would violate the Enabling Act, the terms under which Arizona achieved statehood in 1910. She recommended a four to five percent distribution, declaring Hobbs’ vision “unfeasible” based on past performance.
“My office has not reported a 10-year return over 8.9 percent in nearly two years. Over the span of the last 10 years, only 32 months have had a 10-year return over 8.9 percent,” said Yee.
Governor Hobbs' proposal to increase Prop 123 distributions to 8.9% is dangerous and unsustainable.
— Arizona Treasurer Kimberly Yee (@AZTreasurerYee) January 16, 2024
That’s something the governor acknowledged in her announcement of her plan: the average 10-year annualized return amounts to just over seven percent.
Proposition 123, the Arizona Education Finance Amendment, was a voter-approved 2016 constitutional amendment to increase education funding by $3.5 billion over a decade using monies from the general fund and state land trust fund. Yee oversees the land trust fund.
Although Yee declared the funding plan wasn’t sustainable, Hobbs claimed that there were ample funds going unused.
“[We shouldn’t] let billions of dollars accrue in a bank account and do nothing to address our immediate needs,” said Hobbs.
Hobbs marketed her renewal plan as a means of increasing education funding without raising taxes.
“The choice is clear: we can give our children a quality education or let billions of dollars stand idle without addressing our immediate needs,” said Hobbs.
My Prop 123 renewal plan will increase compensation for educators & make schools safer for our kids – all without raising taxes.
The choice is clear: we can give our children a quality education or let billions of dollars stand idle without addressing our immediate needs.
Under the governor’s plan based on a decade-long average distribution, 2.5 percent will continue general school funding ($257 million), 4.4 percent will raise educator compensation ($347 million), 1.5 percent will increase support staff compensation ($118 million), and .5 percent will invest in school capital for safety and security ($39 million).
State Sen. Christine Marsh (D-LD04) is sponsoring the bill with the governor’s plan. Marsh also sits on the Senate Education Committee.
“Renewing and expanding this vital funding source for our schools is crucial to ensuring Arizona’s students receive the high quality education they deserve,” said Marsh.
Today, @GovernorHobbs announced her #Prop123 renewal plan, which will expand on the current Prop 123 funding to continue building a quality public education for the more than 90% of Arizona children who attend public schools.
If any business owner saw 450% growth in one of the company’s products or programs during a 15-month period, they would be ecstatic. And it’s safe to say that whatever that program was doing must be working. But for Governor Katie Hobbs and her allies in the teachers’ unions, who have never been known for their math skills, it’s a completely different story when it comes to the ESA program.
Back in July 2022, when then-Governor Doug Ducey signed universal school choice expansion into Arizona law, 13,400 students were enrolled in the ESA program. That number has now grown—as of January 16, 2024—to an astounding 73,415 students—a near 450% growth. Clearly, the program is in high demand, and it is definitely working. But after signing the Republican budget bill last year, without any cap or restrictions on ESAs, Hobbs is now trying to push a barrage of regulations that would effectively dismantle the popular program…
