Election agencies say it’s not too late to replace Biden on the ballot

Posted on by Yellow Sheet Report Staff
The SoS and county elections departments say there’s still time for Biden to be replaced on ballots in Arizona if he were to bow out of the presidential race. According to reporting from Votebeat that was confirmed by our reporter, the SoS says general election ballots must be finalized by Aug. 30. The Maricopa County Recorder’s Office says its ballots will be finalized by Aug. 22 in order to send ballots to citizens and members of the military overseas. The Pima County Elections Department also has a late August deadline, and Director Constance Hargrove says a change in nominee before then should not have a major impact on the department or the ballot. Biden is facing increased calls from Democrats to step down, including from Arizona Democrats Stanton and Grijalva. During a Thursday press conference that was widely-viewed as a chance for Biden to prove his fitness for office, the president mistakenly called Harris “Vice President Trump.” Earlier Thursday, Biden mistakenly called Ukraine President Volodymyr Zelensky “President Putin.” The gaffes have led more Democrats to call on Biden to step aside, and some Democratic donors say they will freeze donations until he’s off the ticket. Other Arizona Democrats like Hobbs and Ruben Gallego are supporting the president so far, but Hobbs told reporters Biden needs to reassure voters.

AG asks court to dismiss suit that cites non-existent school

Posted on by Yellow Sheet Report Staff
Mayes filed motions to dismiss the second legal challenge to dual language lodged at the Creighton Elementary School District and claimed the parent plaintiff, represented by Horne’s wife, has no tie to the district and therefore lacks standing to bring the suit. Patricia Pellett, a parent represented by Carmen Chenal Horne, sued Creighton in March and alleged violations of a statute that requires students learning English must be taught in English. The lawsuit came shortly after a Maricopa County superior court judge dismissed Horne’s mirror challenge to dual language, finding the superintendent lacked authority, standing and a justiciable claim. After Horne’s lawsuit was dismissed, he portended future lawsuits from parents who he said had a right to sue for enforcement of the same English language learner law. Nathan Arrowsmith, assistant attorney general, claimed Pellett’s complaint is merely a “lightly edited version of the Horne lawsuit.” Arrowsmith argued Pellett misunderstands the right of action provision and claimed the parent must have a student entitled to English instruction within said district. “Ms. Pellett does not live in the Creighton District and she does not have a child attending a Creighton school – let alone a child that is entitled to SEI education from a Creighton school,” Arrowsmith wrote. He noted Pellett, an Arizona citizen and parent of a Scottsdale High School student, failed to allege any true harm. “Even assuming the truth of these allegations (and ignoring the fact that Scottsdale High School does not exist), the Complaint lacks even the slightest suggestion that Ms. Pellett or her son are, or even could be, harmed” by Creighton’s dual language program. And even if the court did find Pellett had standing, Arrowsmith noted she failed to file a notice of claim 80 days prior to filing the suit, per state law. “Ms. Pellett has failed to establish standing, failed to comply with the notice of claim statute, and failed to even allege a claim upon which relief can be granted,” Arrowsmith wrote. “Accordingly, the Attorney General respectfully requests that the Court dismiss Plaintiff’s Complaint with prejudice.”

Lake appeals to the state Supreme Court in last-ditch effort

Posted on by Yellow Sheet Report Staff
Lake took her election challenge back to the Arizona Supreme Court to again try her improper signature verification claim and attempt to seek additional relief after raising new “evidence” of Maricopa County’s alleged failure to conduct “statutorily-compliant” logic and accuracy testing. The Arizona Court of Appeals unanimously rejected Lake’s second appeal and found “new evidence” underpinning her motion for relief could have been discovered before the trial, her claims of “false testimony” by Maricopa County Elections director Scott Jarrett was “at best… a misunderstanding between an attorney and a witness,” and the trial court correctly weighed the evidence in front of it. Lake challenges the same in her petition to the Arizona Supreme Court and argues the “trial court evaluated evidence under presumptions favoring Maricopa.” She asks the Arizona Supreme Court to mandate proper standards for signature comparison and “either set aside the election or proportionally strike 275,000 ballots” and declare Lake the winner of the 2022 governor’s race.

Republicans push to make ballot envelopes part of election records

Posted on by Yellow Sheet Report Staff
The AZGOP,  Arizona Free Enterprise Club and an election integrity nonprofit group are appealing their loss in a lawsuit aimed at seeing ballot affidavit envelopes excluded from voter registration records. In September, Yavapai County Superior Court Judge John Napper initially declined to dismiss the suit and found the ballot affidavit envelope did not meet the definition of a registration record under state law. But in his latest ruling in April, Napper granted summary judgment in favor of SoS Fontes and deemed the affidavit envelopes to be part of the registration record. He noted the 2024 EPM explicitly incorporates envelope signatures into the voters’ “registration record” and new laws “outright adopt language directly from the 2023 EPM,” using the phrase “registration record.” Napper’s ruling also addressed a challenge to unmanned drop boxes. He found the 2023 EPM also created a process for counties to use drop boxes with requirements that they be “staffed” but not necessarily monitored at all hours. AZGOP, AFEC and the nonprofit RITE filed a notice of appeal on June 6 and is now set to proceed through the Arizona Court of Appeals Division 1.

Dem money flowing to LD17

Posted on by Arizona Legislative Report Staff

Photo by Capitol Media Services Democrats are pouring money into LD17 to try and unseat Wadsack, Jones or McGarr. According to Thursday's Arizona Democratic Legislative Campaign Committee news release, both Democratic Senate candidate John McLean and House candidate Kevin Volk raised over $100,000. Last election, Democratic candidates raised $37,000 and lost in close House races that surprised many. McGarr and Wadsack haven’t filed campaign finance reports yet for quarter 2, but Jones raised $20,000 in the period. The three Republicans all raised similar numbers in quarter one. McGarr raised $14,000, Wadsack raised $10,000 and Jones raised $8,000. A June 25 news release from the Republican State Leadership Committee, which is equivalent to the ADLCC, acknowledged Republicans won’t be able to match the “constellation of national Democrat organizations that spend on state legislative races dollar for dollar,” but the organization is spending $38 million on legislative races in states that could see legislative control flip in the election, like Arizona. Sundareshan, who moonlights as the ADLCC chair, participated in a press conference with the national Democratic Legislative Campaign Committee on Wednesday and said the uncertainty of the Biden campaign and recent calls from Congressional Democrats for the President not to run are not affecting ADLCC’s strategy at the state level. “Despite how people might feel about the federal government or federal candidates, state legislative candidates are the people on the doors, they're inspiring voters by telling their real stories and their real motivations about why they’re running for office,” Sundareshan said. “I continue to be very excited about what our state legislative candidates can do.”

HCR2060 battle lines getting drawn

Posted on by Arizona Legislative Report Staff

An awareness effort in opposition of Prop. 314 – formerly HCR2060 (Border; benefits; fentanyl; illegal entry) – has already entered full swing while its constitutionality is being weighed in Maricopa County Superior Court. Members of the National Hispanic Caucus of State Legislators and business leaders spoke against the measure on Thursday and compared it to similar legislation across the country, while emphasizing the need for more federal immigration action. “This year, we have seen an important increase in toxic rhetoric around immigration, especially around undocumented immigrants, around asylum seekers,” Utah Rep. Angela Romero, president of the National Hispanic Caucus of State Legislators, said. Immigration reform should be centered around processing asylum seekers, and there has been a “lack of work to fix our immigration system for political gain,” Romero said. “We’re seeing this unfold on a state level,” Romero said. The panel pointed out the similarity between Prop. 314, Texas’ SB4 and Oklahoma’s HB4156. “As a longtime leader in the Arizona business community, I want to really commend President Biden for the actions that he took recently to grant work permits to spouses of US citizens and ‘Dreamers,’” John Graham, a board member of the American Business Immigration Coalition, said. “Common-sense, compassionate action is economically crucial and morally right. It stands in stark contrast to the promises we’ve been hearing about mass exportations and mass deportations in state-level bills here in Arizona as well as around the country.” While Graham said he appreciated Biden’s recent executive order, he said he “hopes to see more” from him and both parties in Congress. What separates Arizona’s GOP-backed immigration policy from that of other states is that it is being turned to voters, Bravo noted. “HCR2060, now Prop 314, continues the false narrative that there is an invasion at Arizona’s southern border by mixing language from (Texas’) SB4 with language about E-verify and the transfer and sale of non-American fentanyl,” Bravo said. The legal challenge of Prop. 314 and whether it violates the single-subject rule kicked off in a hearing on Monday, and attorneys for Republican legislators said it did not violate the rule. Notably, Arizona’s Pop. 314 would not go into effect, if approved by voters, until enforcement of Texas’ SB4 is settled by the courts.

Rogers sticking by her ‘maintenance guy’ or ‘crew chief’ or whatever Slaton did in ‘Nam

Posted on by Arizona Legislative Report Staff
Arizona Police Association Executive Director Joe Clure confirmed to our reporter the association hasn’t withdrawn its endorsement of Rogers. Both endorsements to Cook and Rogers, who are running for the same seat, are still standing. Rogers made an appearance on the KMOG radio show Thursday and answered a question from a listener and backtracked on Slaton’s military service. She said he was a “maintenance guy” or a “crew chief” that flew in Vietnam. The radio caller said he was a pilot in Vietnam and a crew chief would never have flown in combat missions and Slaton has said he’s a Vietnam combat veteran. “I, just to conclude, fully support Steve Slaton to be alongside me in the Arizona Legislature. Period. Dot. End of sentence,” Rogers said on KMOG . According to Slaton’s Quarter 2 campaign finance report, which he filed on Thursday, his campaign has spent $48,000 in operating expenses to the Florida-based Go Right Strategies, a campaign consulting firm that employs Rogers’ nephew Spence Rogers as its president.

Lewis reflects on work of Kansas African American Affairs Commission, says progress was elusive

Posted on by Matt Resnick

The Kansas African American Affairs Commission is losing a key cog with the imminent departure of long-serving member Anthony Lewis. 

Lewis was hired in 2018 as the Lawrence school district’s first Black superintendent but will soon leave for the same role at Durham Public Schools in North Carolina. 

The Legislature created the commission through a 1997 bill to undertake advocacy work around public policy issues directly affecting the African American community. Three of the commission’s seven members are appointed by the Governor’s Office and the remainder by legislative leadership. Lewis also served on the now-defunct Governor’s Commission on Racial Equality and Justice, whose formation came on the heels of the high-profile murder of George Floyd in 2020. 

Gov. Laura Kelly lauded Lewis for his contributions to racial equity. A gifted speaker, Lewis delivered a keynote address at last month’s inaugural Juneteenth ceremony at the Kansas Statehouse. 

“Throughout his time on the Kansas African American Affairs Commission and the Commission on Racial Equity and Justice, Dr. Lewis has been an exemplary leader and provided the commissions with great insight thanks to his extensive experience in education,” Kelly said in a statement sent to State Affairs. “I wish him luck in his future endeavors.”

Lewis: Progress was ‘minimal’ 

Lewis praised Kelly for “swiftly” assembling the Commission on Racial Equality and Justice during a period of major racial unrest. But as far as addressing racial disparities in the Sunflower State, Lewis said he found progress to be elusive during his time on the commissions. 

“It was minimal,” he said. “But we were trying to put some structures in place for our long-term advocacy work while also continuing to collaborate with our Black legislative caucus.”

He cited a reluctance on the part of conservative supermajorities in the House and Senate to act on issues pressing to the African American community. Lewis also drew attention to “organized efforts and playbooks” he said are being deployed throughout the country “to try and dismantle our work and take us back hundreds of years.”

“It makes the work much more difficult and frustrating,” he said. “It seems like when we’re taking two steps forward, we get knocked five steps back.” 

All levels of government, Lewis said, need to provide “courageous leadership” to break down racial barriers and “create a more equitable and just society.”

Rep. Stephen Owens, R-Hesston, said he disagrees with any characterization that the Legislature isn’t doing enough to address racial disparities. He pointed to the Legislature’s unanimous passage of a bill reforming Kansas’ civil asset forfeiture laws. The laws governing civil asset forfeiture had long been viewed by some as disproportionately impacting low-income and minority residents of the state. 

Owens said he spearheaded the reform efforts that now “disproportionately impact African Americans in a positive way.” 

“There is a lot of great work that we do that may not be specific to what one person wants, but is beneficial to Kansans,” he said. “I always keep an open mind and an open heart to any issues that are brought forward to me. It’s also incredibly important that the commission continues to meet and work with the Legislature.” 

Lewis said the Commission on Racial Equality and Justice conducted research and submitted reports on issues such as policing practices and racial profiling. The reports produced recommendations for the Legislature, as well as other state and local agencies. The commissions also studied topics such as K-12 education policies impacting minority students, Black maternal health rates and economic development. 

A bill banning state colleges from using diversity, equity and inclusion practices for hiring and admissions proved divisive for those advocating on behalf of the African American community. Lewis called the legislation, which went into law without Kelly’s signature, a setback. 

Owens, however, disagreed. 

“The best candidate is who we should hire — regardless of race, religion, color creed or sexual orientation,” he said. “Our universities should be hiring the best candidate because they are the best candidate.”

Policy-wise, Lewis oversaw one of the most progressive school districts in the state. For example, Lawrence Public Schools has a carefully crafted equity and inclusion plan. 

“That policy holds me as a superintendent and our staff accountable for moving the needle as it relates to academics for all racial subgroups,” Lewis said. “So I think Lawrence is farther along than other areas of the region, but there’s still work to be done.” 

Lewis said that soon after arriving in Lawrence, he took part in a two-day training seminar focused on a Glenn E. Singleton publication that offers a roadmap for achieving racial equity in schools. 

“That’s unheard of in many school systems,” Lewis said. 

“There are K-12 school systems across the state that are not allowed to use words like ‘diversity,’ ‘equity,’ and ‘inclusion’ — at all. So that’s disheartening,” Lewis said. “And you have elected school board members and people running for school boards with the purpose of dismantling some of this work.” 

As he readies for his departure to North Carolina, Lewis said the Kansas African American Affairs Commission needs to remain undeterred by recent legislative setbacks.

“This work not only affects us today but should also impact future generations,” he said. “Because I always say, ‘Our kids are watching and listening,’ so what type of model are we serving for them?”

Stacey Knoell, executive director of the Kansas African American Affairs Commission, said attempting to make racial justice issues a focal point in the Legislature has been “challenging” the past few years. She said many recommendations arose from Lewis’ work on the commissions. The lack of legislative support, Knoell said, “is not reflective of his efforts,” but rather a reflection of House and Senate inaction.

“He’s been invaluable,” Knoell said, “and has remained actively involved in trying to move the needle on racial justice issues.” 

Sen. David Haley, a member of the Legislature’s African American caucus and longest-serving senator, commended Lewis for his “commitment to equality for all students irrespective of economic background.” 

“Lawrence’s loss is Durham’s gain,” he said.

Haley, D-Kansas City, said the Kansas African American Affairs Commission’s best efforts have been “tamped down, if not entirely muted” and the rise of “buzzwords or buzz initials” related to topics such as diversity, equity and inclusion as well as critical race theory perpetuate racism. 

“These buzzwords become dog whistles,” he said. 

Said Owens, “There are 125 in the House and 40 in the Senate that ultimately take recommendations from subcommittees, bodies and various other organizations — many of which are not adopted. Just because one subcommittee makes a recommendation and it doesn’t get passed doesn’t mean the Legislature is muting their voice.”

Matt Resnick is a statehouse reporter at State Affairs Pro Kansas/Hawver’s Capitol Report. Reach him at [email protected].

Senate Appropriations Committee Approves Subcommittee Chair Sinema’s Military Construction & VA Improvement Bipartisan Legislation

Posted on by Arizona Legislative Report Staff
WASHINGTON – The U.S. Senate Appropriations Committee approved bipartisan legislation that Arizona senior Senator Kyrsten Sinema introduced investing $148,876,000,000 in American defense, the U.S. Department of Veterans Affairs (VA), and related agencies. This funding will be critical for American national security and veteran and servicemember quality of life.   As Chair of the Senate Appropriations Subcommittee on Military Construction, Veterans Affairs, and Related Agencies, Sinema secured $90 million for a water treatment plant at Marine Corps Air Station (MCAS) Yuma, $62 million for the Special Operations Forces Free Fall Advanced Training Complex at U.S. Army Yuma Proving Ground (YPG), $3.8 million for transient barracks planning and design at MCAS Yuma, $6 million for minor construction of a new Radar Operations and Maintenance Facility at YPG, and $7 million to complete the main entry complex at Morris Air National Guard Base in Tucson. Sinema also included language supporting infrastructure investments at Davis-Monthan Air Force Base to facilitate the incoming power projection wing.   “This bill represents bipartisan support for our servicemembers and veterans and their families. It enhances our military readiness and the quality of life for servicemembers and their families, and funds quality care and benefits for our nation’s veterans,” said Sinema, Chair of the Senate Appropriations Subcommittee on Military Construction, Veteran Affairs, and Related Agencies.   For American military construction, Sinema’s legislation provides $19.3 billion for critical infrastructure requirements that support American servicemembers at home and abroad – including funding for airfield and shipyard improvements, training ranges, and hangars. The legislation funds troop and family housing, child development centers, schools, and other quality of life facilities. Sinema also worked to include funding that addresses PFAS contamination at Base Realignment and Closure installations. Sinema welcomed feedback from other Senators who have heard from military installations in their states about critical infrastructure requirements and, as a result, included over $1.3 billion in military construction projects in her legislation.   For the VA, Sinema’s legislation allocates over $129 billion to provide health care for 9.2 million veterans and benefits to nearly 7 million veterans and their families. Sinema ensured her legislation enables the VA to hire additional claims processors to address the claims backlog – including claims resulting from expansions of eligibility related to toxic exposures and claims enabled under the Sinema-shaped PACT Act . Sinema also included a number of other policy priorities, including a longitudinal report on alternative therapies, innovations in wound treatment technologies, improving criteria for colorectal cancer screening, availability of nonaddictive opioid alternatives, funding for Neurology Centers of Excellence, and ensuring veterans have continued access to dialysis services. Funding all of these critical services will ensure American veterans receive the care and benefits they have earned through their service to our nation.   For related agencies, Sinema’s legislation provides funding for the American Battle Monuments Commission, the U.S. Court of Veterans Appeals, the Armed Forces Retirement Homes, and Arlington National Cemetery – including construction funding to ensure Arlington National Cemetery may continue to operate for decades to come.

Weekend Freeway Travel Advisory (July 12-15) – Phoenix Area

Posted on by Arizona Legislative Report Staff
PHOENIX – Improvement projects will require closures along stretches of Phoenix-area freeways, including Interstate 17 and Loop 101 (Price Freeway) this weekend (July 12-15). The Arizona Department of Transportation recommends drivers allow extra travel time and plan to use detour routes while the following freeway restrictions are in place:
  • Southbound I-17 closed at Jomax Road from 9 p.m. Friday to 5 a.m. Monday (July 15) for pavement improvement project, with traffic detouring on Jomax Road off- and on-ramps. Southbound I-17 also narrowed to one lane between Loop 303/Sonoran Desert Drive and Jomax Road. East- and westbound Jomax Road will be closed at I-17. Allow extra travel time and be prepared for merging traffic. Note: Please avoid detouring on streets east of I-17 that are designed for local traffic.
  • Northbound Loop 101 (Price Freeway) closed between Loop 202 (Santan Freeway) in Chandler and US 60 (Superstition Freeway) in Tempe from 9 p.m. Friday to 5 a.m. Monday (July 15) for a pavement improvement project. Detours: Consider using westbound I-10 and eastbound US 60 as an alternate freeway route to reach northbound Loop 101.
Schedules are subject to change due to inclement weather or other factors. ADOT plans and constructs new freeways, additional lanes and other improvements in the Phoenix area as part of the Regional Transportation Plan for the Maricopa County region. Most projects are funded in part by Proposition 400, a dedicated sales tax approved by Maricopa County voters in 2004. Real-time highway conditions are available on ADOT’s Arizona Traveler Information site at az511.gov , the az511 app or by calling 511. 

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