A federal court ruled on Thursday that those registering with the state of Arizona to vote must provide proof of citizenship. Otherwise, their application will be rejected.
The Ninth Circuit Court of Appeals issued its brief ruling in Mi Familia Vota v. Fontes. In it, the court granted a stay pending appeal for the injunction barring enforcement of A.R.S. § 16-121.01(C), the provision in statute requiring proof of citizenship for voter registration applications not produced by the U.S. election assistance commission — in other words, state-issued forms.
“The district court’s May 2, 2024 judgment is therefore stayed to the extent that it bars forcement of [the statute],” wrote the court.
However, two other provisions remain blocked under this most recent ruling and the one cited from the district court.
The previous ruling declared that the National Voter Registration Act preempts registration restrictions for presidential elections and voting by mail; the LULAC Consent Decree prohibits rejections of state registration forms on the basis of lack of documentary proof of citizenship as well as residence; the Materiality Provision of the Civil Rights Act prohibits the state from implementing a checkbox asking a voter to affirm their citizenship status as well as the requirement to disclose place of birth; and the Civil Rights Act’s Different Standards, Practices, or Procedures Provision prohibits requiring county recorders to conduct citizenship checks using the USCIS SAVE system.
Senate President Warren Petersen said the ruling represented an election integrity victory.
“Only U.S. citizens should be allowed to vote in our elections. It sounds like common sense, but the radical left elected officials in our state continue to reject this notion, disrespecting the voices of our lawful Arizona voters,” said Warren. “We are grateful the court is upholding this provision in our law, and it’s time for Congress to take action to ensure only lawful U.S. citizens are voting in federal races.”
🚨BREAKING: Today, the Ninth Circuit Court of Appeals ruled in favor of election integrity! Voters in Arizona who register with the state and do not provide proof of citizenship will be rejected.
"This is a victory for election integrity in Arizona. Only U.S. citizens should be… pic.twitter.com/IjNCv9lSmz
Lawyer Marc Elias for the activists challenging Arizona’s proof of citizenship requirements, however, argued that the ruling was a win for them since it denied key portions of the Republican motion. Elias dubbed proof of citizenship measures as “voter suppression.”
“9th Circuit (with 3 Trump appointees) denies key portions of Republican motion to stay trial court victory in Arizona voter suppression lawsuit,” said Elias.
🚨BREAKING: 9th Circuit (with 3 Trump appointees) DENIES key portions of Republican motion to stay trial court victory in Arizona voter suppression lawsuit. Congratulations to my firm's clients @MiFamiliaVota and @votolatino and the voters of Arizona.https://t.co/nsXzORvttq
In addition to progressive activist group Mi Familia Vota, other parties to the case include Secretary of State Adrian Fontes (appellee), Petersen (appellant), Kris Mayes (appellant), Promise Arizona and Southwest Voter Registration Education Project (appellant).
The courts are determining whether the Arizona Republican Party may enter the case as an intervenor.
The appeal for the case was scheduled for this September.
Earlier this week, election integrity groups coordinating under America First Legal issued letters to all of Arizona’s county recorders reminding them to purge the voter rolls of non-citizen voters.
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The District of Columbia attorney general is investigating Arabella Advisors, the dark money giant operating a national funding network for leftist nonprofits, including in Arizona.
The Washington Free Beacon discovered that the DC attorney general issued subpoenas last month to Arabella Advisors, as well as its largest clients, concerning investigative reporting about tax law aversion and illegal profiteering.
Arabella Advisors manages five nonprofits that funnel dark money funds into other leftist nonprofits and initiatives: New Venture Fund, Sixteen Thirty Fund, Hopewell Fund, Windward Fund, and the North Fund. Their influence is expansive, both nationally and in Arizona.
The five nonprofits all funded One Arizona, a coalition of leftist nonprofits, who in turn funded Living United for Change in Arizona (LUCHA), Chispa AZ, Arizona Advocacy Network, ProgressNow AZ, and Mi Familia Vota. Those nonprofits used that funding to advance their causes in Arizona’s elections.
An outgrowth of the New Venture Fund’s front initiative, We Mean Business Coalition, collaborated with the Carbon Disclosure Project and World Resources Institute to create the Science Based Targets initiative (SBTi). Last November, the Biden administration proposed granting decision-making power on defense contracts to SBTi. In February a key initiative of SBTi, the Advanced and Indirect Mitigation (AIM) Platform, launched at GreenBiz 23 in Scottsdale.
Another New Venture Fund initiative, Campus Vote Project, has a presence across 41 states. In Arizona, the initiative coordinates with Arizona State University, Mesa Community College, South Mountain Community College, Northern Arizona University, Eastern Arizona College, Cochise College, Chandler-Gilbert Community College, and Phoenix College to increase voter turnout among college students.
Prior to the 2020 election, only Mesa Community College and South Mountain Community College were recognized by the dark money-originating initiative.
Also concerning higher education, the New Venture Fund created a scholarship program fund that partnered with Northern Arizona University (NAU) last year to pay illegal immigrant students’ tuition.
The Sixteen Thirty Fund was a major funder to the nonprofit Way to Win, which spent $110 million in key states, including in Arizona, to ensure Democratic victories in 2020. Way to Win served as the sponsor to Progress Arizona (formerly ProgressNow Arizona), who was led by Gov. Katie Hobbs’ ousted spokeswoman, Josselyn Berry, until at least 2021.
Those listed as running Progress Arizona, according to their latest available tax return (2021), were:
Emily Kirkland (executive director): Arizona Education Association communications director; former senior political strategist for the Colibri Collective; former director of Organizing for 350 Massachusetts and communications coordinator for Better Future Project
Ariel Reyes (director): Instituto political director; former Arizona Wins political director; former lobbyist for the Torres Consulting and Law Group
Elsa O’Callaghan (director): consultant with Prickly Pear Consulting; executive director of Arizona Democratic Legislative Campaign Committee; former staffer for California Rep. Karen Bass (D); and former Planned Parenthood Los Angeles staffer
Belen Sisa (director): unemployed DACA recipient; former Democracy Initiative campaign manager; former communications staffer for Democratic congressional candidates Victor Reyes (New Mexico) and Mike Siegal (Texas), independent presidential candidate Bernie Sanders; and former staffer for Arizona Wins and Mi Familia Vota
Alexa-Rio Osaki (director): director of Arizona Asian American Native Hawaiian and Pacific Islander (AZ AANHPI) Advocates; Arizona Coalition for Change communications director
Josselyn Berry (chairman)
The Hopewell Fund and Sixteen Thirty Fund have issued much of the funding for Opportunity Arizona. Until 2021, one of the individuals behind that organization was Dacey Montoya: a principal player in many of the dark money groups, Democratic candidates, and progressive initiatives in Arizona.
Those listed running the organization, according to their latest available tax return, were:
Ben Scheel (executive director): director of Bright Phoenix; former deputy campaign manager for Phoenix city council candidate Karlene Parks
Ed Hermes (board president): attorney; Osborn Elementary School District governing board president; vice chair of the city of Phoenix’s Vision Zero Committee; Maricopa County Superior Court judge pro tempore; and Move Osborne Forward treasurer
Josh Zaragoza (board member): political consultant involved in Phoenix City Councilwoman Yassamin Ansari’s council campaign and ongoing congressional campaign; former chief of staff to Phoenix Councilwoman Laura Pastor; and former Human Rights Campaign organizer
Monica Pimentel (board member): Arizona Latino School Board Association president; Glendale Elementary School District governing board member; Maricopa County Deferred Compensation Committee member; and former Movimiento Estudiantil Chicanx de Aztlan (MEChA) vice president
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Secretary of State Adrian Fontes appears to be in a tug-of-war with Governor Katie Hobbs to determine who is worse at their job. It’s been well-documented that since she took office, Hobbs has been off to a rough start with high-profile staff exits, breaking the veto record after killing the bipartisan “Tamale Bill,” and alienating many Democrats by signing the Republican budget. But over the past eight months, Fontes has been working just as hard in the battle to see who’s more incompetent. Not only has he failed to perform the necessary voter list maintenance—leaving 14 Arizona counties in violation of Section 8 of the National Voter Registration Act—but he rushed through a version of the Elections Procedures Manual (EPM) that is filled with unlawful provisions.
Now, Secretary of State Fontes has been dealt another major blow after a superior court judge ruled against him…
Last week, a superior court judge ruled that Secretary of State Adrian Fontes and his predecessor, now-Gov. Katie Hobbs, enforced an Election Procedures Manual (EPM) that ran afoul of voter signature verification law. The problematic EPM in question was crafted by Hobbs in 2019.
The ruling came in the case Arizona Free Enterprise Club v. Fontes. Contrary to the law, Fontes claimed to the court that the term “registration record” was ambiguous and up for interpretation — meaning, he could decide what constituted a valid signature record for the purposes of verifying the validity of a ballot signature. For that reason, Fontes said that the lawsuit against his administration should be dismissed.
Judge John Napper disagreed, rejecting the motion to dismiss last Friday; he stated that only a voter’s signature used to register to vote was valid. Napper ordered Fontes to adhere to the definition of “registration record” for the purposes of signature verification.
“Here, the langu[ag]e of the statute is clear and unambiguous. The statute requires the recorder to review the voter’s registration record. The common meaning of ‘registration’ in the English language is to sign up to participate in an activity,” wrote Napper. “No English speaker would linguistically confuse the act of signing up to participate in an event with the act of participating in the event [….] Applying the plain and obvious meaning of ‘registration,’ the legislature intended for the recorder to attempt to match the signature on the outside of the envelope to the signature on the documents the putative voter used to register.” (original emphasis included)
Fontes petitioned the court to interpret the law to mean that other documents could be included in the definition of “registration record” based on a change of the law from reading “registration form” to “registration record.” Fontes argued that “record” was a more expansive term meant to encompass a greater set of documents than “form.” Fontes also argued that the term was ambiguous and therefore up to interpretation.
Napper rejected these arguments. The judge explained that the term change only expanded the “volume of documents” for signature verification to allow for review of multiple forms comprising a registration record. Napper also declared that the statute wasn’t ambiguous at all.
“That limitation remains the same, documents are part of the ‘registration record’ only if they involved the voter’s ‘registration,’” stated Napper. “[T]he recorder is to compare the signature on the envelope to the voter’s prior registrations (the record).”
Napper also declared that the Arizona Free Enterprise Club (AFEC) correctly defined “registration record,” unlike Fontes and former Secretary of State Katie Hobbs (now governor) per her 2019 EPM. Napper ruled that Hobbs’ 2019 EPM violated the law.
“The 2019 EPM creates a process that contradicts the plain language of A.R.S. §16-550(A),” stated Napper. “Therefore, this portion of the EPM and the instruction from the Secretary do ‘not have the force of law.’”
Napper’s ruling acknowledges a major issue: in the four years of its use, Hobbs’ unlawful 2019 EPM signature verification instruction has carried “the weight of the law.”
Mi Familia Vota also intervened in the case and requested dismissal of AFEC’s lawsuit. They claimed that any real or existing issues with the EPM didn’t matter because Fontes would produce a new EPM this December that could potentially adhere to state law. Napper also rejected this argument. The judge pointed out that those in the executive branch, including Hobbs, have consistently failed to produce a valid EPM, including in 2021.
“While the production of a new EPM is statutorily required, the multiple offices of the executive branch have not consistently adhered to the statute’s dictates,” said Napper. “They were unable to produce an EPM in 2021. This is why the 2019 manual carries the force of law to this day. The Court has been unable to find any authority suggesting a case is not ripe for decision because a government actor may choose a different course of conduct in the future.” (emphasis added)
The case is ongoing, with a status conference scheduled later this month.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
Democrats used a nonprofit to engage in a partisan, multi-state campaign to flip states blue during the 2020 election, including Arizona, and plan to do so again in 2024.
Details of the effort — the Everybody Votes campaign by the Voter Registration Project (VRP) — were revealed in a new report by the Capital Research Center. According to a leaked secret draft plan, the campaign funded voter registration drives in eight swing states — Arizona, Colorado, Florida, Georgia, Ohio, North Carolina, Virginia, and Nevada — over five years beginning in 2016, seeking to register more non-white and other “underrepresented” (unmarried women, young) voters to bring registration parity to white voters.
John Podesta commissioned Everybody Votes while serving as Hillary Clinton’s 2016 campaign chairman. Podesta, a key player in Russiagate, formerly served as the Clinton White House Chief of Staff and counselor to President Obama; he co-founded and presided over Center for American Progress.
Everybody Votes succeeded in raising $190 million and registering 5.1 million people by 2022, which turned out around 1-2.7 million votes across the eight swing states for President Joe Biden in 2020. The Capital Research Center report estimated that the campaign generated over 198,600 votes in the 2020 election. Biden won in 2020 by over 10,400 votes.
“[T]he Everybody Votes campaign was blatantly partisan, developed by Democratic consultants and pushed by Hillary Clinton’s campaign manager,” stated the report.
Everybody Votes received its millions from progressive billionaires. Barbara Fried — mother of Sam Bankman-Fried, the corrupt cryptocurrency giant under investigation for fraud — co-wrote a 2020 memo for her super PAC led by fellow Stanford Law professors, Mind the Gap, advising donors to give 90 percent of their political cash to three nonprofits engaged in voter registration campaigns “most effective” for getting “additional Democratic votes,” naming Everybody Votes as one of them. Donors receive tax deductions for their contributions.
As AZ Free News reported last November, Bankman-Fried gave $27 million to a Phoenix-based PAC to turn out for Democratic candidates. The PAC’s treasurer, Dacey Montoya, is a key figure in many Democratic dark money network organizations, and received over $1 million from committees for Gov. Katie Hobbs and Sen. Mark Kelly.
NEW: My biggest story EVER, exposing a corrupt voter registration charity that may have decided the 2020 election by using $120+ million to target millions of Democratic voters in AZ, CO, FL, GA, OH, NC, VA, NV
Among the billionaires to donate to VRP were Warren Buffet ($5 million), George Soros ($10.4 million), Chuck Feeney ($2 million), the foundation of the deceased Wallace Coulter ($5 million), Barbara Picower ($4 million), Jeffrey Skoll ($1 million), and Pierre Omidyar ($500,000). Prominent dark money groups Proteus Fund, New Venture Fund, Hopewell Fund, Tides Foundation, ImpactAssets, and Fidelity Investments Charitable Gift Fund accounted for around $453 million in funds to VRP.
Arizona organizations tied into the dark money network benefited over $19.16 million from VRP: $7.46 million to Mi Familia Vota Education Fund, $1.73 million for Mi Familia Vota, $5.43 million to One Arizona, $1.82 million for Central Arizonans for a Sustainable Economy (CASE), $1.73 million for Arizona Center for Empowerment, $941,000 for Arizona Coalition for Change, and $51,900 for Rural Arizona Engagement.
Everybody Votes appears to have originated in early 2015 from a plan emailed to Podesta by the Wyss Foundation, a leftist nonprofit with a history of illegal election interference. That plan originated from Bill Roberts, board member of leftist dark money group League of Conservation Voters, within Corridor Partners, a Democratic consulting firm. In November 2015, Podesta received a copy of a similar, retitled plan originating from Robert Richman, CEO of the Democratic campaign strategy group Grassroots Solutions. VRP and Grassroots Solutions shared a D.C. address from 2016 to 2018 according to tax filings, with VRP continuing to pay consulting fees to Grassroots Solutions.
VRP picked up the Everybody Votes campaign. Formerly known as “Voting For America,” VRP was an outgrowth of Obama’s Project Vote. Project Vote was an affiliate of ACORN: the bankrupted activist network guilty of violating election laws repeatedly.
Despite having an outsized impact on the 2020 election, it wasn’t until last year that VRP publicized the Everybody Votes campaign.
VRP plans to use the Everybody Votes campaign plan again for 2024, with hiring targeted in Florida, Georgia, Michigan, Nevada, Pennsylvania, Texas, and Wisconsin in addition to Arizona.
The IRS prohibits 501(c)(3) nonprofits from engaging in partisan activity, especially that which influences election outcomes. AZ Free News documented in February how leftist nonprofits in Arizona manipulate the tax code to do just that.
Corinne Murdock is a reporter for AZ Free News. Follow her latest on Twitter, or email tips to corinne@azfreenews.com.
