Some counties are reporting ballot return rates of about 20 to 30% in the primary election as the deadline to request and return early ballots approaches. Maricopa County is seeing a 33-36% return rate, according to a post on X from Richer. Data from Yavapai and Pinal counties sent to our reporter showed 27% and 23% return rates, respectively. Pima County brought up the rear with a 21% return rate as of July 17. Voters have until Friday to request early ballots and must mail them back by July 23. If ballots are not mailed back by then, they can be dropped off until July 30. Maricopa County saw nearly 300,000 ballots returned by July 17, according to Richer, while Pima County had more than 73,000 ballots returned by the same date. Yavapai and Pinal counties each saw nearly 29,000 early ballots returned in the same time period. Pima County provided a breakdown of ballots requested by party, which showed that more Independent voters requested Democratic ballots than Republican ballots.

Judge Randal Warner said he intended to rule on whether attorney Jennifer Wright can withdraw from Lake’s case. Wright, who was initially general counsel on the case and then transitioned to represent Kari Lake for Arizona, filed a motion to withdraw after the campaign committee for Lake gubernatorial run was terminated in line with state law, leaving Wright with “no client to represent.” Wright added she would not be able to receive payment from the committee and wrote the committee “has no assets to protect. Even if Recorder Richer were to obtain a judgment from KLA, there are no assets for Recorder Richer to liquidate.” Richer’s counsel opposed the request and noted case law holds that dissolution of for-profit corporations “does not in any way affect a corporation’s ability ‘to bring suit or be sued’” and noted Kari Lake for Arizona filed its termination statement in January. “That termination statement did not stop Wright from continuing to actively represent KLA,” Richer’s counsel, Daniel Maynard, wrote. He noted Wright participating in meet and confers, deposed Richer, responded to written discovery and served written objections to a deposition notice to the committee, and her exit from the case would complicate discovery from the committee. In reply, Wright noted Lake, who was the sole chair, officer and director, is named and represented in the same action. Warner said he would rule on the motion soon.

Ortiz’s only opponent in the LD24 senate race, Mario Garcia, who is running as a Democrat, had no money in his campaign fund as of June 30th, according to second quarter finance reports. Garcia loaned himself $5,022.37 in February and $20,220 in May. The company that Garcia was using for political consulting, Strategic Political Marketing, announced on April 19 that it was no longer representing him as a candidate because Mario had lied to them about attending a Kari Lake fundraiser. Despite this, Garcia spent $11,700 on print advertisements in May and an additional $1,549 on mailers. In June, Garcia paid $3,400 to Sergio Arellano for consulting services. The address listed on the finance report for Arellano is also the address for The King’s Barber Shop and Salon in Phoenix. Garcia spent his last money on more mailers in June. He did not respond to our reporter’s request for comment by our deadline. Ortiz raised $74,271 in the second quarter and finished with $64,146 on hand. Ortiz’s highest donation of more than $10,000 came from The PAC for America’s Future, and her highest expense was $9,989 on mailers. Ortiz also has the endorsement of the current LD24 Senator, An Hernandez, who is leaving the Legislature to run for Phoenix City Council.

In a status conference today, counsel for Lake and Richer agreed to push the deadlines to allow more time for document discovery. The initial deadline to close discovery was August 30, but the parties agreed to push the close of discovery to Jan. 23. Per the latest scheduling order, the parties must complete document production by Oct. 4, disclose witnesses by Nov. 1, complete depositions by Dec. 3 and complete expert depositions by Jan. 23. The parties also met today to hash out another discovery dispute over allegedly inadequate disclosure statements by Lake. Counsel for Richer asked the court to have Lake identify who they intend to have testify and about what they intend to testify. Lake’s counsel noted they had not decided whether to call witnesses but noted they did not intend to call Lake. Richer attorney Janine Lopez noted they intended to call anyone who may have helped put together defamatory posts and statements, “anyone who may have pushed back” on Lake’s claims of election fraud, any fundraising or political consultants on whether “this strategy of defaming Richer would help her politically or financially” and people from Lake’s personal life. She noted Lake’s husband, Jeffrey Halperin, in particular, given his “constant presence on campaign” and videotaping public and private conversations. William Fischbach, attorney for Halperin, pointed out ahead of the akerconference’s close that in his deposition of Richer, he told Lake’s counsel that the county does “real time tracking of social media perception of county officials,” which he said will show “exactly the impact on Richer’s reputation.” Fischbach added, “This may alter the case a bit.” Judge Randall Warner asked Richer’s counsel to submit a list of lacking disclosures, and he confirmed he would sign off on the latest scheduling stipulation.

Hobbs visited the San Carlos Apache Reservation Thursday to receive a briefing on the state’s response to the Watch Fire after it was deemed 100% contained earlier this week. The governor was joined by officials from the Department of Forestry and Fire Management, the Division of Emergency Management and the San Carlos Apache Tribe. “We are in the heat of the wildfire season, and it is critical that communities affected by these devastating fires have the resources they need to keep residents safe,” Hobbs said in a press release. The Watch Fire burned more than 2,000 acres and destroyed 13 houses after starting on July 10. Officials believe the cause of the fire was arson and are investigating. Hobbs’ visit comes days after Mayes joined a coalition of attorneys general advocating for extreme heat and wildfire smoke events to be eligible for major disaster declarations by the Federal Emergency Management Agency. “Extreme heat and wildfire smoke events are devastating because of their severe impact on public health and the environment, yet they are not currently recognized as major disasters by FEMA,” Mayes said in a press release this week.

The Ninth Circuit Court of Appeals allowed a law requiring recorders to reject federal voter registration applications without documentary proof of citizenship to go into effect. The law only applies to state registration forms. Voters can still register with the federal form without documentary proof of citizenship. A panel of judges at the appellate court granted Petersen, Toma and the RNC’s emergency request for a temporary stay on an order enjoining the enforcement of the law.  With the stay, the panel further consolidated and expedited appeals and set a deadline for briefs for cross appeals on July 25. “This is a victory for election integrity in Arizona. 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,” Petersen said in a statement. “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.” Editor’s note: This story has been corrected.

A Yavapai County judge heard arguments over whether the legislative referral allowing judges to serve indefinitely given “good behavior” and incorporating legislative oversight into the commission on Judicial Performance Review can stand given a claim it improperly amends more than one facet of the Arizona constitution. Judge John Napper heard arguments from Progress Arizona, a group working to campaign against the retention of two state supreme court justices, and an attorney for Petersen and Toma. James Barton, attorney for Progress Arizona, argued the resolution cannot stand as it improperly amends two sections of the Constitution by changing the retention election process and inserting legislative oversight into the Commission on Judicial Performance Review. Barton said the legislative oversight piece also raises separation of powers concerns. Though he was not arguing a separation of powers claim to the court at this point, Barton highlighted the two provisions as “qualitatively different.” Barton said,  “The fact that one has this dramatic constitutional concern and that the other does not, is further evidence of the fact that these are different amendments.” He further claimed requiring a voter to cast a ballot on a measure encompassing both changes would constitute “log-rolling.” But Langhofer pointed out that past voter-approved amendments in the realm of judicial retention have, like the most recent referral, been limited to a single article of the Constitution and covered commissions, retention processes and membership of the commission. “These things have all historically been a part of the package.” Napper took the matter under advisement.

PHOENIX – Attorney General Kris Mayes today filed a lawsuit against Cummins, Inc. (“Cummins”) and FCA US, LLC (“FCA”) for allegedly defrauding Arizonans by falsely advertising and selling thousands of so-called environmentally friendly, low-emission “super clean” vehicles, without disclosing to consumers that the vehicles had illegal emissions defeat devices installed in them and were not clean trucks at all. More than 23,600 Arizonans own these “super clean” Cummins and FCA trucks. The lawsuit claims that Cummins and FCA marketed and sold diesel trucks to Arizonans as “super clean” alternatives, suggesting they were more powerful and efficient than gasoline vehicles, without the same negative environmental impact. These false advertisements and material omissions led Arizona consumers to pay a premium for these vehicles under the belief they were making an eco-friendly choice. “Deceptive practices that harm our environment and deceive consumers will not be tolerated,” said Attorney General Mayes. “By promoting their vehicles as eco-friendly while secretly violating emissions standards, Cummins and FCA have betrayed the trust of Arizonans and violated our state’s consumer protection laws. I am committed to holding these companies accountable and ensuring that justice is served for the people of Arizona.” Diesel vehicles are generally more expensive than gasoline vehicles but are known for being more powerful and fuel-efficient. However, diesel engines are more harmful to the environment, with higher emissions. To meet emissions regulations, compromises in power and performance are necessary. The lawsuit alleges that the defendants used illegal defeat devices on model year 2013-2019 Dodge RAM 2500 and 3500 trucks with 6.7-liter engines to bypass EPA emissions testing, ensuring these vehicles passed the tests but did not comply with emissions standards during normal operation. Cummins and FCA also marketed their trucks as having efficient and powerful engines with adverse environmental consequences. They falsely claimed compliance with EPA emissions requirements. In reality, due to illegal defeat devices, these vehicles were neither “clean” nor eco-friendly and did not comply with EPA emissions requirements without repairs. These illegal defeat devices caused the vehicles to emit increased levels of nitrogen oxides (NOx). The Department of Justice estimates this resulted in thousands of tons of excess NOx emissions. NOx pollution contributes to smog formation, which is linked to respiratory and cardiovascular health issues and death. Cummins, the engine designer and manufacturer, allegedly knew its diesel engines included these illegal defeat devices and software. They failed to disclose this when applying for Certificates of Compliance to sell these vehicles in the United States, including Arizona. The complaint seeks injunctive relief, restitution, disgorgement, civil penalties, plus fees and costs. If you believe you have been the victim of consumer fraud, you can file a consumer complaint by visiting the Attorney General’s website . If you need a complaint form sent to you, contact the Attorney General’s Office in Phoenix at (602) 542-5763, in Tucson at (520) 628-6648, or outside the Phoenix and Tucson metro areas at (800) 352-8431. A copy of the complaint is available here.

Kelly and the delegation met with outgoing President Andrés Manuel López Obrador, President-elect Claudia Sheinbaum—who will be sworn-in as Mexico’s first female president on October 1 st —, Secretary of Foreign Affairs Alicia Bárcena, the Minister of Finance and Public Credit Rogelio Ramírez de la O, and other Mexican dignitaries. The legislators also attended a reception with Mexican business leaders hosted by U.S. Ambassador to Mexico Ken Salazar.  “At a moment of change in Mexico as they prepare to inaugurate their first woman president, this visit was valuable to deepen cooperation on issues like migration, security, trade, and economic development that are critically intertwined with the United States,” said Kelly. “Mexico is one of our most important economic partners, and we see it every day in Arizona with cross-border commerce and travel along our ports of entry that we are working to upgrade. I look forward to partnering with President-elect Sheinbaum and her cabinet to address our shared challenges as we continue strengthening the historic relationship between both of our nations.”  On Monday, Kelly and the delegation held a meeting with President López Obrador to discuss regional coordination on economic projects, U.S.-Mexico engagement to address migration, improving security in the region, and efforts to address drug trafficking along the border, particularly of fentanyl. Ambassador Salazar and Secretary Bárcena were part of the conversation.  On Tuesday, Kelly and the group spoke to President-elect Claudia Sheinbaum about measures to address migration and security along the countries’ shared border. Kelly took the opportunity to raise the importance of both countries working together to strengthen port infrastructure in Arizona, which Kelly funded through the Bipartisan Infrastructure Law.  That same day, the delegation visited a Catholic-run migrant shelter in Mexico City that serves families, women, and minors. In talking to staff, Kelly heard about the aid provided to migrants and asylum seekers and learned more about changes in the current migration flow at the shelter.  In addition to Kelly, the delegation included Senators Tom Carper (D-DE), Todd Young (R-IN), and Laphonza Butler (D-CA), as well as Representatives Joaquin Castro (D-TX-20), Lou Correa (D-CA-46), Jesús “Chuy” García (D-IL-4), Vicente Gonzalez (D-TX-34), Sydney Kamlager-Dove (D-CA-37), Greg Stanton (D-AZ-4) and Juan Vargas (D-CA-51).

Phoenix, Ariz. – The Arizona Corporation Commission is aware of Liberty Utilities (Litchfield Park Water and Sewer) Corp. customers’ concerns regarding the implementation of Stage 2 of the utility’s Curtailment Plan Tariff. The Commission is actively monitoring the situation and working with Liberty Utilities on this matter.  Our Utilities Division staff has been meeting regularly with the Company through the summer to ensure that Liberty Utilities remains in compliance with the Commission’s Decision and Rules to avoid a repeat of what occurred last summer. Liberty Utilities notified the Commission on July 8, 2024, that it planned to activate Stage 2 on July 9, 2024, of the updated Curtailment Plan, which allows the utility to ask its customers to VOLUNTARILY conserve water in response to increased water demand and extreme temperatures.  The Company also called on the interconnection with the City of Goodyear to supplement their own water supplies, which is part of the plan that the Commission approved in February.  It is the Commission’s understanding that this is a temporary measure.   Liberty Utilities is making progress in improving its water system, addressing previous low water pressure incidents and has shared with the Commission its plans to invest in new infrastructure to increase its water system supply in the coming months. To view documents related to this issue, go to the Commission’s Online docket at https://edocket.azcc.gov and enter docket W-01427A-24-0001.