by Daniel Stefanski | Feb 4, 2023 | News
By Daniel Stefanski |
Arizona hasn’t had to deal with a divided government for quite some time with the Governor’s Office and both chambers of the Legislature being controlled by Republicans for over a decade. At the beginning of 2023, however, a unified government morphed into a divided government, and tensions between the two branches of are beginning to ratchet up as the 56th Legislature enters its second month of the year.
This week, Arizona Senate President Warren Petersen announced the formation of a new Senate Committee on Director Nominations, which is “tasked with gathering information and evaluating qualifications on the governor’s executive appointments in order to recommend a course of action for the Senate to take on each individual.” President Petersen appointed five Senators to serve on this committee – three Republicans and two Democrats. Senator Jake Hoffman will serve as the chair, and Senator Sine Kerr as the vice-chair. Senators T.J. Shope, Christine Marsh, and Eva Burch complete the appointments to the committee.
The creation of this committee follows Petersen’s statement on January 23, threatening to take action against Governor Hobbs if her office did not send director nominations to the Arizona Senate, according to state law. Petersen tweeted, “The law says the governor will promptly send her nominations to the Senate. We have not received one director nomination that she has announced. It would be unfortunate if we have to sue the governor to comply with the law.” When another Twitter user called out the East Valley lawmaker on why he decided to use this public platform to issue his challenge, Petersen revealed that he “called her office five days ago.”
According to the Senate Republican release announcing the Committee on Director Nominations, Governor Hobbs “has failed to submit the required documentation to the Senate on 23 out of 25 individuals who have so far been appointed (as directors).”
Not surprisingly, the new committee has been met with praise on the Republican side and condemnation on the Democrat side. Committee Chairman Hoffman said, “Hobbs’ apparent refusal to follow the law…is unacceptable and demonstrates her willingness to play political games with the lives and safety of Arizona citizens.” Committee Vice Chair (and Senate Majority Whip) Kerr stated, “…we don’t know yet if these individuals are even qualified to hold these positions.” Committee Member and Senate President Pro Tempore Shope called out the governor for her repeated claims of bipartisan and transparent leadership, saying, “for a governor who has made numerous comments on wanting bipartisanship at the Capitol, the way to achieve that goal is not ignore statutory duties or intentionally delay statutory checks and balances.” The Arizona Freedom Caucus tweeted, “The Senate must take its constitutional duty to act as a check & balance on Katie Hobbs’ executive branch seriously.”
On the Democrat side, Senator Marsh, in voting no on the creation of this committee on the Senate floor, said that she wished that legislators would “instead be focusing on the truly time-sensitive issue that we have in front of us, which is passing the AEL (Aggregate Expenditure Limit).” Senator Priya Sundareshan tweeted that the new committee was “another power grab on the Senate floor.” And the Arizona Senate Democrats stated that “the Arizona Senate Republicans continue to take cheap shots at Governor Hobbs and the people of Arizona.”
Now, with the committee established, the Arizona Senate awaits the lawful transmission of the documentation for the directors who have already been appointed to the Hobbs’ administration.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
by Corinne Murdock | Jan 31, 2023 | News
By Corinne Murdock |
The Arizona Democratic Party (ADP) rejected Gov. Katie Hobbs’ pick to lead the state party on Saturday.
Chairing the party will be Yolanda Bejarano, a longtime union organizer who’d been serving as ADP’s vice chair. Hobbs’ pick was Maricopa County Supervisor Steve Gallardo, who also served as a member of her transition team. Bejarano won in a landslide, receiving 70 percent of over 600 state party committee member votes.
AZ Free News reported in December that Hobbs’ endorsement of Gallardo indicated a party divide. The governor issued multiple public endorsements in the weeks leading up to the election.
Altogether, Bejarano boasted a lengthy list of top party leader endorsements, including: Sen. Mark Kelly (D-AZ); Reps. Greg Stanton (D-AZ-04), Ruben Gallego (D-AZ-03), Raul Grijalva (D-AZ-07); Secretary of State Adrian Fontes; Attorney General Kris Mayes; State Reps. Athena Salman (D-LD08), Analise Ortiz (D-LD24), Leezah Sun (D-LD22); State Sens. Anna Hernandez (D-LD24), Juan Mendez (D-LD08); Pima County Recorder Gabriella Cazares-Kelly; Phoenix City Vice Mayor Yassamin Ansari and Council Members Betty Guardado and Carlos Garcia; former Reps. Ann Kirkpatrick, Tom O’Halleran, and Gabby Giffords.
By comparison, Gallardo’s endorsements featured a smattering of unions and mostly former leaders from the state legislature and party. Present leadership that endorsed Gallardo included the Arizona Education Association; State Reps. Jennifer Longdon (D-LD05), Consuelo Hernandez (D-LD21), Minority Whip Marcelino Quiñonez (D-LD11), and Amish Shah (D-LD05).
Gallardo quickly conceded the race on Saturday, congratulating Bejarano by name.
However, Hobbs opted to congratulate all elected for the ADP board rather than acknowledging Bejarano’s win individually.
Hobbs later issued a tweet thanking former ADP chair, State Senate Minority Leader Raquel Terán (D-LD30), for her past two years of leadership. She credited Terán for helping her secure the governorship, but omitted Bejarano entirely.
“Together, we won the 9th floor for the first time in 15 years and I look forward to all that you will do in Senate leadership fighting alongside me,” said Hobbs.
With Bejarano at the helm, the ADP plans on flipping the state legislature next year. Republicans have held a consistently slim majority over the past four years: 16 Republicans to 14 Democrats in the Senate, and 31 Republicans to 29 Democrats in the House, the lowest in decades. The GOP majority began slipping from a recent high point in 2011, when it had 21 members to Democrats’ nine in the Senate and 40 members to Democrats’ 20 in the House.
Other board members are: Rick McGuire, treasurer; Lisa Sanor, secretary; Paul Eckerstrom, first vice chair; Sierra Yamanaka, senior vice chair; vice chairs April Ignacio, Brianna Westbrook, Deydrek Scott, Lupe Conchas, Shanna Leonard, and William Knight.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Terri Jo Neff | Jan 24, 2023 | News
By Terri Jo Neff |
The public relations and legal fallout continues after the nonprofit which accepted donations for Gov. Katie Hobbs’ public inauguration ceremony released the names of donors and the amount of each donation.
Hobbs was officially sworn in Jan. 2 during a private ceremony. She then held a public inauguration ceremony on Jan. 5. The information about who paid for that ceremony via the Katie Hobbs Inaugural Fund was finally released several days later, after attorney Tim La Sota threatened to sue Hobbs for violating public records laws.
The Katie Hobbs Inaugural Fund was registered with the Arizona Corporation Commission on Dec. 13 by Hobbs’ campaign manager Nicole DeMont as a 501(c)(4) nonprofit social welfare organization. DeMont is currently listed as the only director on ACC records.
DeMont and Hobbs have come under scrutiny for accepting $1.5 million from roughly 120 donors, including $250,000 from utility giant Pinnacle West Capital Corp., the owner of Arizona Public Service Co. (APS). But the event cost less than $210,000, according to public records.
Government transparency watchdogs are calling for an investigation into whether Hobbs’ inauguration team had a pre-event budget worked out and whether more money was intentionally accepted than needed. But La Sota says there also remains a question of whether Hobbs violated another Arizona law by using the state’s website to solicit money for her inauguration.
“That’s definitely a no-no,” La Sota told KFYI’s James T. Harris this week. “That’s no different hardly than just putting a link on the governor’s official state website to her campaign account and saying, ‘hey you know do you want to support me politically, go to my campaign.’”
La Sota also told Harris that donations to DeMont’s nonprofit reportedly entitled donors to preferred access and seating at Hobbs’ inauguration event held on public property.
Questions surrounding the inaugural fund have also led some Democrats across Arizona to express dismay, behind the scenes, that Hobbs put them in the position of having to publicly ignore the $1.5 million controversy, just years after leaders of the Democratic Party called for an investigation into the funding of Donald Trump’s inauguration.
There is also growing pushback to utility companies like APS getting so heavily involved in politics; public records show APS donated $850,000 to the failed gubernatorial campaign of Kari Lake.
APS responded to criticisms about its donation to the Katie Hobbs Inaugural Fund with a statement that the money came from shareholder funds and not from customer payments. However, the company’s image has taken a hit in the court of public opinion given the fact APS is currently seeking a rate increase.
Another large donor to the inauguration was Blue Cross Blue Shield, which anted up $100,000, as did the lobby arm of the National Association of Realtors along with Arizona Realtors. There was also $100,000 donated by Sunshine Residential Homes Inc., a for-profit company that contracts with the State of Arizona to provide some child welfare services.
The rest of the donations ranged from $10 to $50,000; several were from entities like Union Pacific, the Arizona Dispensary Association, and Salt River Project which have dealing with various state agencies.
So what happens to the $1 million plus left on the books of the nonprofit created for Hobbs inauguration?
According to the IRS, the money can be spent on anything DeMont desires, provided it falls under the very broad category of promoting social welfare within the IRS code for a 501(c)(4).
“To be operated exclusively to promote social welfare, an organization must operate primarily to further the common good and general welfare of the people of the community (such as by bringing about civic betterment and social improvements),” according to the IRS.
In addition, seeking legislation germane to the nonprofits programs is a permissible means of attaining social welfare purposes.
“Thus, a section 501(c)(4) social welfare organization may further its exempt purposes through lobbying as its primary activity without jeopardizing its exempt status,” the IRS rules state.
There has been much public consternation that DeMont will use some of the inaugural fund donations for political activities. This is permissible under IRS rules provided engaging in politics is not the “primary activity” of 501(c)(4).
The only other stated restriction under IRS Code is that the political activity cannot involve “direct or indirect participation or intervention in political campaigns on behalf of or in opposition to any candidate for public office.”
The code makes no mention of restrictions to referendum or initiative measures that might come before voters.
Therefore, it is possible that donors to the Hobbs’ inauguration could end up seeing DeMont use their money against own their political interests.
Terri Jo Neff is a reporter for AZ Free News. Follow her latest on Twitter, or send her news tips here.
by Corinne Murdock | Jan 23, 2023 | News
By Corinne Murdock |
Gov. Katie Hobbs assumed that the California mass shooting responsible for 10 deaths on the Chinese New Year was a hate crime against Asians. The suspected shooter was an Asian man, later found dead from self-inflicted gunshot wounds in a white van.
Though Hobbs apparently was unaware of the shooter’s race when she issued her Sunday morning statement, the governor assumed that the perpetrator was a non-Asian man committing a hate crime.
“These mass shootings can’t continue, and Arizona stands united with the AAPI community against hate,” wrote Hobbs.
Many pointed out that the suspected shooter was an Asian man.
GOP legislators criticized Hobbs’ response as a knee-jerk default to perceived racism.
Law enforcement issued a description of the suspected shooter on Sunday morning: a 5’10”, 150 lb Asian man, approximately 30 to 50 years old. The shooter killed 10 and wounded 10 after opening fire in a Monterey Park, California ballroom late Saturday night.
Police believe that the suspected shooter attempted to open fire at a second dance hall less than half an hour later, but those inside took the gun away from the suspect.
This isn’t the first time that Hobbs falsely claimed that a crime was motivated by hate. In October, after Hobbs’ campaign office was broken into, Hobbs’ campaign manager Nicole DeMont accused the perpetrator of being a political activist radicalized by her Republican opponent, Kari Lake.
“The threats against Arizonans attempting to exercise their constitutional rights and their attacks on elected officials are the direct result of a concerted campaign of lies and intimidation,” state Hobbs.
In reality, the burglar turned out to be a 36-year-old homeless illegal immigrant.
Though Hobbs has been outspoken about crimes that were or were perceived to be racially-motivated against non-white individuals, Hobbs has remained silent on hate crimes against white individuals. Hobbs didn’t issue any public statements regarding the Christmas parade massacre that killed six in Waukesha, Wisconsin in November 2021.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
by Corinne Murdock | Jan 22, 2023 | News
By Corinne Murdock |
On Tuesday, lawmakers asked Secretary of State Adrian Fontes to reject the Election Procedure Manuals (EPM) drafted by Governor Katie Hobbs when she was the secretary of state, per recent court decisions.
The dubious EPMs were the 2019 and 2021 versions drafted by Governor Katie Hobbs during her service as secretary of state. Court decisions in Brnovich v. Hobbs, McKenna v. Soto, Leach v. Hobbs, and Leibsohn v. Hobbs declared that these EPMs weren’t in line with state law.
In a joint statement issued Tuesday, State Reps. Jacqueline Parker (R-LD15) and Alex Kolodin (R-LD03) insisted to Fontes that the court decisions merited review of the EPMs. Parker chairs the House Committee on Municipal Oversight & Elections, and Kolodin serves as the vice chair.
“Recent Arizona court decisions give us serious concerns about the lawfulness of former Secretary Hobbs’ 2019 EPM and 2021 draft EPM,” said Parker and Kolodin. “Arizona law purports to authorize the EPM to achieve and maintain the maximum degree of correctness, impartiality, uniformity and efficiency in voting procedures throughout the state. But we question whether these mandates have been followed. We hope Secretary Fontes more fully evaluates where the prior Secretary overstepped her bounds and look forward to hearing how those errors will be corrected.”
Parker and Kolodin asked Fontes to include them in the stakeholder input process. They asked Fontes whether he would disregard Hobbs’ 2021 draft EPM; if he believed the 2019 EPM followed and carried the enforcement of state statute; and for his supplementation of any guidance, statements, emails, or directives that Hobbs or her agents gave to county election officials concerning the 2022 General Election not written in the 2019 EPM.
The duo also asked Fontes for copies of any and all drafts of the 2023 EPM, as well as communications regarding third-party input or proposals. They set next Tuesday, Jan. 24, as their deadline.
Brnovich v. Hobbs ruled that the 2021 draft EPM failed to meet statute deadline. McKenna v. Soto and Leach v. Hobbs determined that the 2019 EPM language added onto statute language and was therefore impermissible. Finally, Leibsohn v. Hobbs ruled that Hobbs’ electronic registration process for signature gathering was deficient and non-compliant with state statute.
When former attorney general Mark Brnovich rejected the 2021 draft EPM over concerns later confirmed by court decisions, Hobbs insisted that his grievances had no merit.
It appears that Fontes wouldn’t disregard Hobbs’ EPMs, regardless of court decisions. Fontes supported the Arizona Supreme Court decision upholding the 2019 EPM in McKenna v. Soto.
“This effectively shifts the burden from the petitioner (voter) to the government, maximizing all voters’ voices in the process,” stated Fontes. “This is a MASSIVE WIN for voters!”
Fontes also told his GOP opponent in the secretary of state race, Mark Finchem, to read the EPM last September.
Fontes’ office didn’t issue an immediate public response to the request letter. However, he did advertise an upcoming panel with Maricopa County Recorder Stephen Richer.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
