Maricopa County Recorder Stephen Richer and State Senator Ken Bennett filed amicus briefs in defense of a Ranked Choice Voting (RCV) ballot initiative with the Arizona Supreme Court last week.
Bennett served as the secretary of state from 2009 to 2015. He filed his brief jointly with Helen Purcell, the former Maricopa County recorder who served nearly 30 years.
Richer said in his filing for Smith v. Fontes that the votes should be counted for RCV, or Prop 140, the “Make Elections Fair Act” — regardless of the existence of a disqualifying number of duplicate signatures gathered — because the “election has already begun” and, he says, state law prohibits the prevention of counting votes cast.
“Hiding the results or attempting to prevent the vote from being tabulated is an inequitable result,” said Richer. “And it is at odds with Arizona public policy that demands government transparency. Not counting the vote does not mean it did not happen.”
Richer said all arguments concerning the initiative’s qualifications to be on the ballot were rendered moot after the deadline passed to certify and print the ballots.
“To be resolved with a high degree of certainty may not be currently possible given the election time constraints,” said Richer. “The issue has now, at least partially, gone to the people. The Recorder believes there is benefit to allowing the vote to occur, and assuming it is otherwise constitutional, to count.”
Richer stated that his office had already printed over 21,500 different ballot styles and mailed many of them out to in-state residents as well as military and overseas voters, some of which have been returned: over 1,100 out of about 8,500.
“Recorder submits that once the ballots are printed, the time for signature challenges must end,” said Richer.
Richer also said that state law prohibits the destruction of any public record of a vote, and that Maricopa County’s tabulation machines would tabulate the votes returned.
The recorder noted that state law does allow for courts to enjoin the certification and printing of ballots, but not the power to enjoin the counting of votes.
“[I]f the voting tally is a public record, the Recorder does not see how Maricopa County can either destroy it or fail to release it,” said Richer.
Similarly, Bennett and Purcell argued that their combined expertise on elections made it clear that timeliness in elections takes precedence over validity.
Bennett and Purcell cited court precedent in their argument of mootness regarding the challenge to Prop 140’s validity. Secretary of State Adrian Fontes instructed county election officials to include Prop 140 on their ballots printed in late August.
“Courts have consistently upheld the principle that pre-election challenges must be resolved before the ballot printing deadline,” said the pair. “[And] as a practical matter, invalidating Prop 140 after voting has already begun would result in electoral chaos and damage voter confidence in the efficacy of their votes.”
That ballot printing deadline occurred a day after the Arizona Supreme Court remanded the case to the Maricopa County Superior Court for review, citing the exclusion of evidence pertaining to 40,000 duplicate signatures. The exclusion of those contested signatures reduce petition signatures to what is below the total required to qualify for the ballot.
Though the Maricopa County Superior Court did find that nearly all of the 40,000 signatures were duplicates, the court ruled that the state constitution didn’t allow for those votes cast on Prop 140 to be ignored. That ruling led to the appeal which the Arizona Supreme Court now considers, and with which Richer and Bennett disagree.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
A controversial Republican seeks to return to the Arizona State Legislature for the next two years.
State Senator Ken Bennett is running for reelection to his northern Arizona legislative seat, which is centered in the Republican stronghold of Yavapai County. Bennett returned to public service in January 2023, after taking a break from elected office after his tenure as Arizona Secretary of State from 2009-2014. Before his stint as the state’s top election’s official, Bennett served in the Arizona State Senate for eight years – four as the chamber’s president.
Bennett has a long history in the Prescott region. He is a fifth-generation Arizonan who started his life in Prescott and ran Bennett Oil as its CEO for more than 20 years. Prior to his service in the Arizona Legislature, Bennett was elected to the Prescott City Council.
During his time in the legislature this go-around, Bennett has angered some of his colleagues and constituents over his decisions to oppose certain Republican efforts. Bennett’s votes in the state senate earned him a draft censure from disgruntled precinct committeemen from Yavapai County. They alleged that Bennett was the only Republican in the Arizona State Senate to vote against SCR 1013, “which would have allowed the voters of Arizona to decide if boys are allowed in girl’s bathrooms and would have required teachers to obtain permission from a child’s parents before using that child’s preferred pronouns;” and the ‘Freedom to Move’ bill, “which would have let the voters of Arizona decide to create a Constitutional ban on taxes or fees for vehicle miles traveled and limitations on miles traveled.”
The draft censure noted that with those votes, “it is clear Ken Bennett is not representing the people of Yavapai County or the Yavapai County Republican Committee.”
Both measures would have been sent to Arizona voters for the November General Election if enough legislators had voted in favor.
On his website, Bennett responded to the charges levied against him by these local precinct committeemen. Addressing the claims about SCR1013, Bennett said, “This was unconstitutional because it combined two different issues into one ballot proposition. I voted in favor of the two separate bills in the Senate, but I wouldn’t violate the AZ Constitution that requires ballot measures be a single subject.” And combatting the attack against his ‘Freedom to Move’ vote, Bennett stated, “I supported two of the three parts of this proposal (Government shouldn’t monitor or limit the miles we drive) but it needed an amendment to allow government agencies to monitor their own fleets. The bill sponsor would not make this simple change. The other part of the proposal would let electric or other energy-sourced vehicles use our roads without helping to pay for road maintenance. Unfair.”
Senator Bennett also created controversy within his caucus when he helped to pause progress in passing a border security measure to be sent to state voters in November (HCR 2060). Bennett demanded changes to the bill to win his vote, that he appeared to obtain in a later amendment. He then joined his Republican colleagues in supporting the updated legislation, making it possible for Arizonans to help the state’s law enforcement better secure the border and communities in the federal government’s growing dereliction of duty – should they choose to approve of the ballot initiative this fall.
Bennett lists several awards and recognitions for his time of service on his website, including “Senator of the Year” from the Arizona Chamber of Commerce & Industry, Arizona Technology Council, and Arizona County School Superintendents; “Champion Award” from the Arizona League of Cities & Towns and Arizona Association of Economic Development; an “A” Rating from the National Rifle Association, and the Arizona Republican Assembly; and a 100% Pro-Life Record.
Danny Seiden, the President and CEO of the Arizona Chamber of Commerce & Industry, congratulated Bennett on winning his organization’s yearly award, writing, “For years, you have served Arizonans and been an outstanding voice for Arizona job creators. During time of divisiveness, you have continued to be a voice of reason and a champion of the business community. Your thoughtful approach at the state Senate this year has been recognized by many and your efforts to enact common sense policies is greatly appreciated. To strive for compromise on complex policies is a difficult task and we commend you for your ongoing leadership.”
The Republican State Senator currently serves as the Chairman of the Education Committee, the Vice Chair of the Elections Committee, and a member on the Appropriations Committee.
Arizona Legislative District 1 is a very safe Republican seat with a 27.8% vote spread between Republicans and Democrats in the last nine statewide elections, according to the Arizona Independent Redistricting Commission. In those last nine elections, Republicans have won all contests within the district’s boundaries.
Bennett is opposed in the Republican primary by former legislator Mark Finchem and Steve Zipperman. The winner of this race will face off against Democrat Mike Fogel, who is running unopposed in the primary for his party’s nomination.
AZ Free News is your #1 source for Arizona news and politics. You can send us news tips using this link.
An Arizona Republican attempt to refer border security policies to the November General Election ballot is being met with severe resistance.
Earlier this week, Governor Katie Hobbs joined members of the Arizona Legislative Latino Caucus to reiterate their opposition to HCR 2060. The coalition wrote, “Over the past week, bipartisan organizations ranging from the Arizona Chamber of Commerce to border county law enforcement officials to immigrant rights groups have spoken up in opposition to the Republican-backed ballot referral that will kill jobs, drive away businesses, and demonize our communities of color. Yet again we join together to make it clear: this referral will not secure our border, and it will not make Arizonans safe.”
PRESS RELEASE: Governor Katie Hobbs and Democratic Latino Caucus Members Issue Joint Statement Denouncing Anti-Business HCR2060
— AZ Latino Legislative Caucus (@AZLatinoLC) May 14, 2024
The group added, ““What it will do is prevent law enforcement from fighting violent crimes like robbery and sexual assault, cost state and local governments hundreds of millions of dollars to try and enforce this unconstitutional measure, leave a black eye on our state’s reputation, and lead to a onslaught of racial profiling. This will separate families and inflict emotional and economic damage on households and communities, especially children. And now Dreamers, who followed the process and gained a legal status, are also under fire as the measure plans for the Deferred Action for Childhood Arrivals (DACA) program to come to an end.”
The comments from Hobbs and her legislative allies follow a post from the Arizona Senate Republicans Caucus “X” account, which highlighted the Democrat governor’s refusal to do what was necessary to help her state secure its border and protect citizens.
Katie Hobbs talks a big game on securing our border… but actions speak louder than words.
For the past two years, she's proliferated the lawlessness created by Biden's open border policies, and the citizens of Arizona are fed up.
Arizona legislative Republicans had expected a vote on HCR 2060 this week in the full Senate but were forced to postpone their plans due to one member of the Senate Republican Caucus being out of town (Wadsack) and one member expressing opposition to the measure as currently constructed (Bennett). A vote in the Senate chamber is still expected – maybe as soon as next week.
“The Secure the Border Act creates two new class 6 felonies for illegal aliens who try to submit false documents or information to evade Arizona’s strong E-Verify laws or obtain taxpayer-funded public benefits. It also requires state and local agencies to verify a noncitizen’s documents and eligibility for benefits through a federal database, known as the SAVE program, whenever noncitizens apply for public benefits.
“The Secure the Border Act establishes a new class 2 felony with enhanced prison sentences for drug dealers of illicit and deadly fentanyl. Fentanyl is the leading cause of overdose deaths in Arizona, and the amount seized at the southwest border is unprecedented.
“Finally, the Secure the Border Act incorporates legislation from Senate Bill 1231, which all House Republicans supported but Governor Hobbs vetoed, modeled on Texas Senate Bill 4, making it a crime for an illegal alien to enter or attempt to enter Arizona at any location other than a lawful point of entry.”
The efforts from Arizona legislators to send this referral to state voters comes two months after Governor Katie Hobbs vetoed SB 1231, the Arizona Border Invasion Act, which would have “ma[de] it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry and outline[d] penalties for violations of illegally entering Arizona and provide[d] immunity from civil liability and indemnification for state and local government officials, employees and contractors who enforce this prohibition” – according to the purpose from the state Senate.
In her veto letter to Senate President Warren Petersen, Hobbs said, “This bill does not secure our border, will be harmful for communities and businesses in our state, and burdensome for law enforcement personnel and the state judicial system. Further, this bill presents significant constitutional concerns and would be certain to mire the State in costly and protracted litigation.”
Senator Janae Shamp, the sponsor of SB 1231, vowed that members of her party would continue to push forward solutions to combat the border crisis, saying, “The Republican-controlled Legislature will continue to prioritize closing our border and providing law enforcement with the tools they need. This veto is a slap in the face to them, Arizona’s victims of border-related crimes, and other citizens who will inevitably feel the wrath of this border invasion in one way, shape, or form at the hands of Hobbs and Biden.”
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
The “Freedom to Move” bill, a ballot referral that would create a constitutional ban on taxes or fees for Vehicle Miles Traveled (VMT) and limitations on travel miles, SCR1002/HCR2018, failed to pass in the Senate on Wednesday.
The resolution failed as Republican State Sen. Ken Bennett (R-LD01) joined Democrats in voting against it.
VMTs levy fees based on miles driven, generally for passenger vehicles only. Oregon implemented a VMT in 2015, and Utah implemented a VMT in 2020. The federal government has encouraged VMT pilots and enhancements through its Surface Transportation System Funding Alternatives (STSFA) grant program. Arizona is a member state of the STSFA Road Usage Charge (RUC) America Pilot, as are 12 other states.
Bennett expressed frustration that he was unable to have “reasonable changes” made to this or any other resolution like it.
The senator said that while he agreed with the desire to prevent limitations to free movement, he had concerns that the bill didn’t provide sufficient exceptions for governmental entities to monitor their vehicles for maintenance and employee reimbursement purposes.
Bennett further noted that businesses brought concerns to him that they would be prevented from complying with or taking advantage of the state implementation plan through Arizona Department of Transportation (ADOT), Arizona Department of Environmental Quality (ADEQ), and federal statutes.
“We do not want Arizona ever to be going down the road of what’s happening in other jurisdictions where they’re using VMT taxes or fees to limit people’s ability to move freely wherever they want to go,” said Bennett.
Bennett also claimed the bill wouldn’t appropriately apply to alternative fuel vehicles, such as electric vehicles. He suggested the legislature first come up with an energy equivalency calculation to bring alternative fuel vehicles into the process of paying for the roads.
“The growing number of electric vehicles is outside the HURF [Highway User Revenue Fund] revenue in this state, and we have to address that,” said Bennett.
Sen. Jake Hoffman (R-LD15) dismissed Bennett’s concerns as “patently false” and alleged that his counterpart knew that to be the case.
Hoffman countered that the bill does allow for governmental entities to enact VMT monitoring or limitations, just not mandates for businesses, and that the bill wouldn’t preclude businesses from voluntarily engaging with VMT rules or policies. The latter was a provision added under an amendment at the request of Intel Corporation, according to Hoffman.
Hoffman said that the federal government and entities bent on advancing environmental interests and policies were behind a feverish push for VMT.
“It’s called choice architecture, it’s a theory of the left. In choice architecture, you artificially alter the inputs with which people make decisions, so that the architecture surrounding those decisions changes,” said Hoffman. “You raise the price of gas to an unreasonable level, well, what’s the resulting behavior? They don’t drive as much.”
Correction: A previous version of this story incorrectly stated that Republican State Sen. Frank Carroll (R-LD28) voted against SCR1002/HCR2018. Sen. Carroll voted in favor of the resolution.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Another election integrity bill has cleared the Arizona Legislature and is awaiting final action from Democrat Governor Katie Hobbs.
On Monday, HB 2560, sponsored by Speaker Ben Toma, passed out of the Arizona House of Representatives with a party-line 31-27 vote (with one Democrat not voting and one vacant seat). The proposal “directs the County Recorder to transmit to the Secretary of State to post on a secure website: a list of all registered voters before an election, a list of all persons who voted in the election, the unaltered images of ballots used to tabulate election results and the cast vote record in a sortable format.” The Senate then substituted SB 1324 with the House version Monday, giving the legislation the green light, 19-9 (with two Democrats not voting).
Earlier in the session, the bill had been approved by the House Municipal Oversight and Elections Committee along partisan lines (6-4).
The bill had previously garnered the support of Democrat Secretary of State Adrian Fontes and Republican Maricopa County Recorder Stephen Richer. On April 7, as he was about to mark his 100th day in office, Fontes’ office released a statement on the legislative proposal, writing: “Additionally, Secretary Fontes has been a strong proponent of SB 1324, a bipartisan piece of legislation concerning ballot imaging sponsored by former Secretary of State and current State Senator, Ken Bennett. An identical bill was introduced in the House as HB 2560. The bill, which is similar to legislation passed in other states such as Colorado, would allow people to compare ballot images to a cast vote record and would help restore confidence for some voters in our elections.”
Richer had issued a statement earlier in the year on February 13, saying, “Elections work when there is openness and transparency. SB 1324 does that by creating a system where each county recorder can inform voters before and after every election about who is eligible to vote while protecting voter confidentiality. All three – the list of eligible voters, the list of who voted, and the cast vote record – will be available to anyone who wants them. SB 1324 and Speaker Ben Toma’s legislation, HB 2560, contain similar language and will further strengthen our elections by enshrining the kind of transparency that can build public trust in our elections.”
After the bill received the go-ahead from the Senate on Monday, Senator Wendy Rogers tweeted, “Great effort to restore accountability in our elections.”
