by Corinne Murdock | Mar 6, 2023 | News
By Corinne Murdock |
The state is facing a lawsuit filed Monday over an alleged violation of state law with the early ballot signature verification process outlined in the secretary of state’s Election Procedures Manual (EPM). The plaintiffs requested special action relief due to an alleged lack of an equally plain, speedy, and adequate legal alternative remedy for their grievance.
Statute requires that envelope signatures match those on the voter’s registration record. If not, the county recorder must contact the voter and confirm that the voter personally completed and signed the early ballot affidavit.
However, the current EPM — written by Gov. Katie Hobbs in her former capacity as the secretary of state — instructs county recorders to validate early ballot affidavits if they determine the signature matches any signature in any election-related document available to them. The lawsuit argued that the EPM’s allowed materials aren’t legally considered “registration records” and therefore not lawful comparative references for conducting signature validation.
“[T]he signatures encompassed within the EPM’s errant instruction cannot be used either to effectuate the registration of an individual or to lawfully amend an existing registration,” stated the lawsuit.
Arizona law doesn’t explicitly define the term “registration record.” However, the lawsuit argued that the natural understanding of the term relates to a document effectuating or amending voter registration that contains voter-supplied information required by federal and Arizona law, as well as a signed certification attesting to the provided information.
“A properly executed and submitted registration form, as may be amended and updated by the registrant from time to time, ‘constitute[s] an official public record of the registration of the elector,’” stated the lawsuit. “Accordingly, the ‘record of the registration of the elector — i.e., her “registration record,” consists of the complete and facially valid federal and state forms submitted by that individual, and any amendments thereto made by the submission of new forms, an early ballot request form, a response to an Active Early Voting List notice, or a provisional ballot envelope.”
Citizens may register to vote using forms provided by the federal or state government; both forms require full name, residential address, date of birth, a government-issued ID number, political party affiliation if applicable, and a signed, sworn attestation of eligibility (including U.S. citizenship). An Arizona voter registration form also requires telephone number, location of birth, occupation, father’s last name or mother’s maiden name, age, proof of citizenship, and statements affirming residency, status of any other existing registration, and any absence of disqualifying felony conviction.
The lawsuit stated that the named defendant, Secretary of State Adrian Fontes, has gone beyond his lawful jurisdiction and gone against statute by upholding Hobbs’ EPM. Fontes refused to heed lawmakers’ requests to reject Hobbs’ EPM earlier this year.
Plaintiffs in the lawsuit are the Arizona Free Enterprise Club (AFEC), a nonprofit social welfare corporation specializing in limited government that includes election integrity; Restoring Integrity and Trust in Elections, a Virginia-based nonprofit social welfare corporation specializing in election integrity; and Dwight Kadar, a Yavapai County resident and elector.
AFEC President Scot Mussi told AZ Free News that Hobbs’ EPM essentially rewrote state law to make invalid voting easier.
“The current election procedures manual adopted by the Secretary of State has rewritten state law regarding signature verification for mail-in ballots,” said Mussi. “The result is a process that invites questionable methods and opportunities for abuse during the signature review process. It’s time for the courts to bring this illegal EPM practice to a halt.”
Early ballot voters aren’t required to prove their identity through documents or additional personal information, like a birthdate or Social Security number. The sole validator for early ballot voters is the affidavit form signature on the exterior of the envelope housing the ballot. By signing the affidavit form, a voter attests under penalty of perjury that he has not voted and will not vote in any other jurisdiction, that he has registered to vote in the correct county, that he understands that multiple voting is a felony, and that he personally voted the ballot enclosed and signed the affidavit.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by AZ Free Enterprise Club | Mar 5, 2023 | Opinion
By the Arizona Free Enterprise Club |
Who wouldn’t want more money in their pocket? As Bidenflation continues to crush the American people—and in particular the people of Arizona—our elected leaders should be looking for every way possible to provide relief.
Just look at the anti-tax mood among Arizona voters this past November. They rejected Prop 310, which would have increased the statewide sales tax by 0.1% to fund fire districts throughout Arizona. They voted down ill-conceived transportation taxes in Pinal County and Kingman. And they passed Prop 132 to protect against future tax increases. That should be proof enough that Arizonans want to ensure that their hard-earned dollars stay in their wallets.
Now, a new bill recently passed by the Arizona Senate would do just that…
>>> CONTINUE READING >>>
by Daniel Stefanski | Mar 2, 2023 | News
By Daniel Stefanski |
Republicans and Democrats might have had different motives for supporting a bill that would require Arizona governors to operate with more transparency with their inaugural funds, but they managed to come together to overwhelmingly pass the new policy out of the Arizona Senate.
SB 1299, which was sponsored by Senator Wendy Rogers, passed the State Senate on Monday with a 29-0 vote – with one Democrat not voting (Eva Diaz). Senator Diaz had previously voted for the bill when it unanimously passed the chamber’s Government Committee earlier in the month.
Senate Republicans were extremely pleased with the progress of the legislation. Soon after the bill’s passage in his body, President Warren Petersen tweeted, “Democrats and Republicans just voted out unanimously that the Governor needs to be transparent with her inauguration funds!”
The Arizona Senate Republican Caucus victoriously stated, “In an effort to address the shady practices of @GovernorHobbs with regards to her handling of her Inauguration Fund, @WendyRogersAZ sponsored SB1299, which would require the Governor’s Office to publish on its website, within 15 days after the inauguration ceremony, information detailing each organization that organized, supported or funded the ceremony.” The Caucus also touted the bipartisan support for the bill.
Bill sponsor, Senator Wendy Rogers, tweeted, “Proud to sponsor this vital bipartisan SB 1299 bill promoting #TRANSPARENCY.”
Democrats had no choice but to support a bill aimed both at transparency and at their same-party chief executive, whose actions around the fundraising, reporting, and future use of her Inaugural Fund generated red flags and questions around the state since the start of the year. Legislators in both chambers have sent letters to Hobbs about her Inaugural Fund – most recently about what her intentions might be when it comes to spending the massive amount of excess funds not used from the early-January inauguration events.
The headlines have not been gentle when it came to Hobbs’ actions (or lack thereof) with her Inaugural fund. On January 5, Laurie Roberts of the Arizona Republic wrote an opinion piece entitled, “Katie Hobbs keeps donations secret. Is this what she calls ‘transparency’?” And on February 2, Roberts wrote another opinion piece with the headline, “Gov. Katie Hobbs still hasn’t come clean on her inauguration fund.” Roberts wrote, “While governors always have raised money to help defray the cost of their inaugurations, Hobbs is the first to keep the leftover cash. Usually, it’s transferred into a public protocol fund, to be used for public purposes. Hobbs, instead, established a nonprofit account where the money can be used to fund political campaigns. A state government website was employed and now mum’s the word on how she intends to spend the $1.6 million or more in leftover funds…. Hobbs promises to be a ‘champion for everyone’ but my guess is that, as with all politicians, some ‘champions’ will have more access and influence than others.”
SB 1299 now heads to the Arizona House for consideration before a potential showdown with the inspiration for the bill herself: Governor Katie Hobbs.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Feb 25, 2023 | News
By Daniel Stefanski |
After vetoing a collection of budget bills last week, Democrat Katie Hobbs was ready to jettison another Republican-led policy as a divided state government remains far apart on solutions to help Arizonans weather the storms of a harsh economy.
Earlier this month, Republicans in the Arizona House and Senate passed legislation that would prohibit “municipalities from levying municipal tax on the business of renting or leasing real property for residential purposes,” sending SB 1184 to Governor Hobbs’ office on the Ninth Floor of the Executive Tower for consideration.
Governor Hobbs vetoed SB 1184, but her veto explanation struck a different tone than the one delivered to legislators after her rejection of their budget. The governor gave the following explanation for her veto: “I appreciate the legislature’s interest in addressing rising housing costs, particularly for renters. Lowering costs for Arizona families is a priority of my administration. Unfortunately, this bill suffers from two important defects at this time. First, this bill lacks any enforceable mechanism to ensure relief will be provided to renters. As noted by the legislature’s own attorney, provisions in the bill that purport to require that tax savings be passed on to renters face challenges under both the state and federal constitutions. If we are going to promise relief to renters, it’s important that we are able to ensure they actually receive it.
Hobbs then addressed the opposition to the legislative proposal from multiple cities and towns, including quotes from John Lewis (the President and CEO of PHX East Valley Partnership Board) and Yuma Mayor Douglas Nicholls (the League of Cities and Towns President), who had both urged the governor to veto SB 1184.
Republicans in the Legislature were not happy with Hobbs’ action to stop their bill from becoming law. Senate bill sponsor, Steve Kaiser, responded to the governor’s veto, saying, “Rent is the costliest expense for hundreds of Arizonans, but Governor Hobbs is clearly not among their ranks. If she was, she would know that in 70 cities across our state, renters see and pay for a rental tax line item on each monthly bill. Senate Republicans offered a substantive plan to fight spiking inflation that Hobbs vetoed. Governor Hobbs inflation plan? A limited tax exemption for diapers and feminine hygiene products. By her own logic used to veto SB 1184, her proposal would be a tax break for grocery stores, not consumers. Grocery stores, just like landlords, collect and remit tax paid for by consumers. Unlike Hobbs, our citizens don’t have the luxury of falling back on the semantics of tax collection, they feel the hurt of onerous taxation in their wallets.”
House Majority Leader Leo Biasiucci tweeted, “Removing the Home/Apartment rental tax would save Arizona renters $100-$200 per year. Yet, Governor Hobbs vetoed the rental tax repeal bill today. This idea that she’s a Governor for the people is now officially a lie! Watch, she’ll veto the grocery food tax repeal bill next!”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Daniel Stefanski | Feb 21, 2023 | News
By Daniel Stefanski |
As expected, Governor Katie Hobbs vetoed the budget sent to her by the Arizona Legislature, putting the state’s financial future into a potential situation of future limbo.
Instead of signing a budget very similar to one passed last session by a bipartisan majority of legislators, Governor Hobbs repeatedly attacked Republicans for doing their constitutional duties over the past month, characterizing the $15.8 Billion budget as “approved by a slim, partisan majority.” Her statement, released after her veto of the budget, framed the legislature’s offering as a “do-nothing budget” that “kicks the can down the road,” and that it was “an insult to Arizonans.”
After these sharp assertions by Arizona’s new Chief Executive, her office released a tweet from her @GovernorHobbs account that reiterated her oft-used claim that her “door is open” and that she welcomes “any sincere efforts to work on a budget that puts people, not politics, first.” Hobbs’ “open-door” claim has been refuted by Republicans throughout the first month of the legislative session, including one statement from Representative David Livingston on February 1, 2023, when he said, “It’s one thing to talk a big talk & use social media to say you have an open-door policy, but I can tell you from personal experience, her door is locked from the inside.”
Senate President Warren Petersen had also shared his concerns about the lack of communication from the Ninth Floor in the weeks leading up to this budget passage and gubernatorial veto. Also on February 1, Petersen told his chamber that “we have an open door policy to hear all budget requests and suggestions, and we haven’t heard a peep from Governor Hobbs!”
Republicans had no shortage of responses after seeing the news of the governor’s veto. Senate President Pro Tempore T.J. Shope tweeted, “How brave to veto a budget that just six months ago was awesome. Gonna be a long session and a long four years @GovernorHobbs but I’ll be here for all of it. Some of us have been working and others have been offering platitudes about open doors and such. Arizonans deserve better…”
Representative Lupe Diaz wrote, “Katie Hobbs just vetoed a sensible strong budget that both Republicans and Democrats voted on last year. With this veto she shows that she is willing to put the citizens of Arizona in the path of a State shut down.”
Representative Joseph Chaplik informed his followers that “Every single Dem in #azleg voted for this budget in 2022. Katie Hobbs’ veto shows she’d rather shut the state down than do the right thing for every citizen of this state.”
Senator Anthony Kern said, “Katie Hobbs just vetoed $82 million for the School Safety Program that provides grant funding for both school counselors and school resource officers.”
Legislative Democrats, however, were appreciative of Hobbs’ veto. House Democratic Leader Andrés Cano applauded the governor’s action, saying, “Republican lawmakers unilaterally introduced a sham budget that they knew would be vetoed. This was a colossal waste of time by the GOP that involved no opportunity for compromise or negotiation.” Senate Democratic Leader Raquel Terán tweeted, “.@GovernorHobbs did right by every Arizona with this veto. This ‘budget’ does nothing to move us forward, but would rather chain us to the past. It’s time to step into the future and craft a budget that addresses our shared reality.”
Arizona’s Fiscal Year 2024 begins July 1, and Governor Hobbs’ veto has now officially kickstarted the stare down over a possible lapse in state funding this summer. Hobbs is expected to veto many more Republican bills this session, and it remains to be seen if communication between the sides will improve as they approach the June 30 deadline to reach an accord on another budget compromise.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
