CD3 race results so close automatic recount triggered

Posted on by Yellow Sheet Report Staff
Only 42 votes now separate Yassamin Ansari and Raquel Terán in the race for an essentially assured congressional seat in Democrat-leaning CD3. Ansari has maintained a lead since results started pouring in on July 30 but saw the margin shrink to a tenth of a percentage point with the release of final unofficial election results on Monday. The race now heads to an automatic recount under state law. Under a recently revised statute, races go to recount when the margin between two candidates is equal to or less than a half percent. After the Secretary of State canvasses the election, the office will then petition the Maricopa County Superior Court for a recount. The court would then set a deadline to return results. Maricopa County, which houses CD3, is set to canvass election returns on Monday, August 12. The SoS office is set to canvass the primary election on August 15. Whoever is declared winner of the race after the recount would run through an easy general election, given the district’s heavy blue tilt . Both candidates put out statements Monday shortly after Maricopa County posted final unofficial results. Ansari said, “While we are confident this lead will hold, it is important to let the vote-counting process fully play out through an automatic recount, and we welcome the process ahead.” In her statement, Terán highlighted that she is “just 42 votes behind.” She said, “Especially in Arizona, we know that Democracy is worth waiting for, and it is critical that every vote is counted.”

Governor weighs investigating Horne over loss of $29 million

Posted on by Yellow Sheet Report Staff
Hobbs said her office is contemplating an investigation into the loss of $29 million in federal funds by the Arizona Dept. of Education. Her statement follows reporting from the Arizona Republic , which Horne claims in a letter sent Tuesday is “false” and warrants a retraction. On Monday, the Republic’s Nick Sullivan reported the department had to return a total of  $29 million to the federal government after failing to spend the funds, resulting in cuts to school improvement grants for about 150 to 200 schools. The money had to be obligated by Sept. 30, 2023, but the department did not notice the funds had expired until March 2024. In a public and subsequent letter to the publisher, Horne said the story was incorrect because it did not assign blame to the prior administration. In his letter to the Republic , Horne claimed the reverted funds were supposed to be allocated during FY2021 and FY2022, under former Superintendent Kathy Hoffman. “The mishandling and failure to notify districts of correct allocations with time for them to properly plan and spend the money resulted from an error by an employee of my predecessor before I took office,” Horne said in a statement. “This person told the schools they had smaller allocations than they had.  We were constantly on the phone urging districts to spend as much of the money properly as they could.” Hobbs said her office was “ looking at options right now, including the possibility of an investigation into what happened.” She told reporters Monday, “The bottom line is that it is unconscionable that students that are struggling are now missing out on additional assistance because we just forfeited these funds. We should be doing everything we can to invest in our public schools, and once again, Superintendent Horne has failed to do that.” Horne said in response, “It’s easy. Our predecessor missed a deadline. That’s what she’ll find if she does an investigation.” He continued, “ She would be investigating her friend Kathy Hoffman, and I think she might be reluctant to do that.” 

NCSL: Swatting, catalytic converters and redistricting anchor ‘Lightning Round’ session

Posted on by Krista Kano

Georgia Sen. John Albers, R-Roswell, shared how his family was the victim of “swatting,” when someone makes a phony 911 call that results in a response from a SWAT team. 

In Albers’ case, an individual called local police for a domestic dispute at the senator’s home when he and his wife were out of the state. Fifteen police officers responded to his home when only his son was there. 

“When you have 25 vehicles out on a Code 3, a lot of bad things can happen,” Albers told attendees at the National Conference of State Legislatures summit in Louisville, Kentucky. 

Maryland Sen. Cheryl Kagan, D-Montgomery, said each swatting call can cost $15,000 to $25,000. 

Albers said several other high-ranking officials in Georgia were also targeted, and earlier this session, the Georgia General Assembly passed a bill to increase penalties. 

Maryland passed its version last year, Kagan said, which was controversial because of “challenges with juvenile justice.” 

“I call myself a pragmatic progressive, and people on my left were worrying about increasing penalties,” she said. “It’s a challenge, but it’s a crime. We’ve got to make sure people know about it and hopefully that’s part of the disincentive.” 

All 50 states have penalties for swatting, but no federal legislation has been enacted. Thirty-three states have some level of felony penalty, usually when causing injury or death. Twenty-one states provide the ability to seek restitution for costs incurred. 

Catalytic converters

Virginia tackled rampant catalytic converter thefts not by going after the perpetrators but by eliminating the market, Senate Minority Leader Ryan McDougle, R-Hanover, said. 

The exhaust emission control devices in motor vehicles were quick and easy to steal and were being sold for $1,500 to $3,500, he told NCSL attendees.

While the parts themselves hold little value, the metals are in high demand, he said. 

Addressing the crime as a larceny had evidentiary challenges, so Virginia lawmakers instead focused on the resale market. 

“If you weren’t acting for a motor dealer, or scrap metal, if you didn’t have a registration or it wasn’t new, then it’s assumed you were possessing it illegally,” he said of catalytic converters. “After that went into place, it [theft] went from being a scourge to dropping dramatically.” 

“It’s an effective tool,” he continued. “It’s not eliminated, but it’s reduced substantially and we’re no longer getting calls in our office like we did before.” 

One negative side effect, he said, was that surrounding states saw an increase in catalytic converter thefts because there was no longer a market in Virginia. 

The Ohio House in June passed a proposal, HB 328, aimed at curbing catalytic converter thefts. The current version, which awaits Senate action, requires additional record keeping and reporting and imposes a $10,000 to $50,000 penalty on business entities that violate those requirements, among other provisions. 

Redistricting

Attorneys involved in Ohio’s and New York’s redistricting litigation explained the challenges faced in their respective states and how other states have handled redrawing their maps. 

Frank Strigari, former chief legal counsel for the Ohio Senate, noted that Michigan has faced significant issues since a newly established independent commission was put in place.

“Basically, the people that were on that commission didn’t have any experience,” he said. “Their system was meant to be that way, but because they didn’t have experience, they had to rely on experts, consultants and all types of people, which, you can imagine, come with all sorts of partisan agendas.” 

Ohio voters will decide whether to establish a similar body in November following a heavily litigated process.

“In Ohio and New York, we didn’t have the greatest success, even with well-intended reforms,” Strigari said. “I don’t know if there’s really, truly a panacea for this type of issue, especially when politics are involved. You can try to take the politics out of it, but it’s impossible to do that.”

He said it is his personal opinion that redistricting should remain in the hands of state legislatures and advised against placing the process within state constitutions.

“You’ll just constantly change the state constitution to try to make the process perfect, but it will never be perfect,” he said. “It’s not a good idea.” 

Strigari and Jeff Wice, special counsel to the New York Legislature, advised lawmakers to begin planning now for the 2030 Census by making updated data easily accessible for constituents and thinking about the future system for public input and maps. 

Krista Kano is a staff writer for Gongwer Ohio/State Affairs. Reach her at [email protected] or on X @krista_kano. 

Judge strikes down part of voting manual over free speech rights

Posted on by Yellow Sheet Report Staff
A Maricopa County Superior Court judge  ruled on Monday that a provision elaborating on prohibited conduct around voting locations in the Elections Procedures Manual constitutes “speech restrictions in violation of our Arizona Constitution, misstates or modifies our statutes, and fails to identify any distinction between guidance and legal mandates.” Maricopa County Superior Court Judge Jennifer Ryan-Touhill weighed in on the comprehensive lawsuit filed by the Arizona Free Enterprise Club and American First Policy Institute against the EPM and pieced through each challenged provision, weighing a motion from the state to dismiss from the and a motion from the plaintiffs for preliminary injunction and amended complaint. AFEC and AFPI moved for a preliminary injunction against what they dubbed the “speech restriction,” a section of the EPM prohibiting “any activity by a person with the intent or effect of harassing, or conspiring with others to do so, inside or outside the 75-foot limit at voting locations,” and listed out behaviors that could potentially constitute harassment. The manual lists what could fall under harassment, including “aggressive behavior, such as raising one’s voice or taunting a voter or poll worker, using insulting or offensive language to a voter or poll worker, intentionally disseminating false or misleading information at a voting location, directly confronting, questioning, photographing, or videotaping voters or poll workers,” among other examples. Ryan-Touhill noted the list included instances of free speech. “What, for example, constitutes a person communicating about voter fraud in a harassing manner? Or, for that matter, ‘posting’ a sign in an intimidating manner? How does a person either do this behavior—whatever it means—or avoid it?” Ryan-Touhill wrote. “And what content printed on a t-shirt might be offensive or harassing to one and not another? What if the t-shirt says, ‘I have a bomb and I intend to vote!’? Where does the Secretary draw the line?” She further pointed out harassment has “a very specific” legal definition with ties to state statutes not referenced in the EPM. She noted, even if the EPM correctly referenced state statutes, it still is “expanding criminal liability for acts that may not otherwise fall under” state law. In addressing the state’s argument that the threat of prosecution is low, she found that “even in those situations where criminal liability is not a realistic outcome … a person may nevertheless be removed from the polling location and unable to cast their ballot.” Ryan-Touhill then pivoted to the state’s contention that the provision is merely guidance, akin to a “see something, say something” policy. She referenced the specific comparison the state drew to the Sky Harbor security program, which advises people to report suspicious activity, but noted the EPM does not contain any mention of “guidance” or “examples” and generally fails to delineate “concrete, legal” prohibitions on conduct. “(A) person does not have a constitutional right to fly in an airplane. A person has a constitutional right to vote,” Ryan-Touhill said. Though Ryan-Touhill found AFEC and AFPI successful on the “speech restriction” count, she dismissed challenges to one-time requests for ballots to be sent out of state to a voter, the EPM’s voter registration section, the effective date and use of temporary addresses on the active early voting list and early-voter signature verification procedures. She declined to dismiss challenges to a rule requiring recorders put a voter who attests to residing outside the county on a jury questionnaire on inactive status, instead of canceling their registration, a provision allowing some grace to circulators who make an error on their registration forms and language allowing the SoS to grant an extension to absent military or overseas voters. In a statement, the SoS said he intended to appeal Ryan-Touhill’s ruling as it pertains to the speech restriction and the counts that were unsuccessful in being dismissed. “ This changes nothing with regard to existing statutes. It is still illegal to electioneer, take photos, and intimidate voters within the 75-foot limit. The EPM is intended to ensure procedures are the same across the state, regardless of which county a voter resides. This maintains the integrity of our elections and ensures that all Arizonans can vote freely. While we respect the court’s decision to halt certain speech restrictions, implementing a preliminary injunction for the general election would be too far-reaching,” the statement from the SoS read. Andrew Gould, an attorney for AFEC and AFPI, called the speech restriction portion of the ruling a “resounding victory for free speech, particularly in the context of political speech.”

Primary election in July? Recipe for low turnout

Posted on by Yellow Sheet Report Staff
Arizona’s early primary election date saw lower turnout than both the 2022 and 2020 election. Unofficial results from the Secretary of State’s office indicate just more than 31% of registered voters participated in the election. Nearly 35% of registered voters participated in the 2022 primary, and 36% of voters participated in 2020’s primary election. No county saw a participation of more than 50% of registered voters. The closest was Yavapai County at 45% turnout. GOP consultant Douglas Cole said he believed moving the primary date to July 30 as a result of Ch.1, Laws 2024 (H2785 – primary; identification; canvass; recounts; ballots), may have led to lower turnout from recent years. “It just changes people’s behavior when you move it,” Cole said. “Especially in Arizona in July.” He added another factor is a lack of competitive races that would draw out voters. Kari Lake’s gubernatorial primary race in 2022 against Karrin Taylor Robson was much closer than her recent victory over Mark Lamb for U.S. Senate while other state executive offices featured competitive primaries in 2022. Maricopa County had a 30% turnout, and Pima County had a 31% turnout. Yuma County only saw one in five registered voters participate in the primary election. Independents also vote at lower rates in primary elections. “We consistently see very low turnout from people who are registered as Independent or party not declared,” Maricopa County Recorder Stephen Richer said prior to the election on July 26. “I think some people have said it’s a mix of the candidates and the amount of money that is being spent. I think some people say there’s a little bit of political fatigue.” Almost all voters in Maricopa County voted by casting an early ballot, according to a county news release. Final tallies indicate 95% of voters cast early ballots.

Another victory for our citizen-led campaign, another step forward for Arizona

Posted on by Yellow Sheet Report Staff
Today, Arizona for Abortion Access prevailed in yet another challenge to our historic, citizen-led campaign, this time defeating the meritless challenge to the 200-word summary that appeared at the top of the petition sheets more than 820,000 Arizona voters signed. We aren’t surprised by this win because our opposition’s arguments had no basis in Arizona law and were nothing more than false political talking points. If our opposition appeals, we are confident we will prevail just as we are confident we will win at the ballot box this November.

OUR VOICE, OUR VOTE ARIZONA PAC CELEBRATES ARIZONA PRIMARY WINNERS, EYES NOVEMBER ELECTIONS

Posted on by Yellow Sheet Report Staff
Phoenix, AZ – Candidates endorsed by Our Voice, Our Vote Arizona (OVOV) PAC, won races up and down the ballot in last week’s primary elections. The endorsed winners include candidates for office ranging from the U.S. Senate to Chandler city council.  OVOV PAC invested over $530,000 in independent expenditures to support state Representatives Oscar De Los Santos and Junelle Cavero and Chandler City Council candidate OD Harris, all of whom won their primaries. “These victories are not only electoral wins; they are declarations of our community’s power and commitment to a progressive future for Arizona,” said Sena Mohammed, executive director of Our Voice, Our Vote Arizona. “We are thrilled to see such capable leaders ready to champion our values. Today we celebrate these victories, and tomorrow we’re back to work as we prepare for the November elections. This is only the beginning of our journey to build the Arizona we deserve.” Arizona will, once again, be at the center of the political universe this fall. Democrats need to flip just two seats in both the State Senate and House of Representatives to gain control for the first time in more than three decades. And the state is once again crucial to the battle for control of the White House and U.S. Senate. More than 100 canvassers gathered at OVOV’s main office early in the morning on Election Day to distribute literature and mobilize voters. This initiative was a part of the organization’s “Power of Us” campaign aimed at registering and mobilizing new voters belonging to the “New American Majority.” As part of that campaign OVOV will knock on 1 million doors and contact every registered Black voter in the state before November’s general election. Already, the team has knocked on nearly 200,000 doors toward that goal. “These efforts are just the tip of the iceberg” Mohammed added. “With the November elections less than 100 days away, our team is ramping up our efforts to ensure every potential voter is registered and ready. This is our pathway to change.”

 

OUR VOICE, OUR VOTE ARIZONA PAC ENDORSED CANDIDATES WHO WON JULY 30TH PRIMARY RACES United States Senate
  • Rep. Ruben Gallego
Arizona State House
  • Rep. Oscar Del Los Santos
  • Rep. Junelle Cavero
  • Rep. Stephanie Stahl Hamilton
Arizona State Senate
  • Analise Ortiz
  • Senator Priya Sundareshan
Arizona City Council
  • OD Harris – Chandler City Council

 

Our Voice, Our Vote Arizona continues to push civic engagement efforts forward, emphasizing the importance of community involvement and active participation, particularly from Black and Brown voters, in shaping the political landscape of Arizona. The ‘Power of Us’ campaign will continue with its statewide community town halls, strategic influencer partnerships, and voter mobilization events to ensure strong turnout in November.

Democracy should not be bought. Living United for Change in Arizona vows to await a recount to ensure every voter can have their voice heard in historic CD3 race for Raquel Terán

Posted on by Yellow Sheet Report Staff
With yesterday’s results, we know the historic race for Congressional District 3 will be subject to an automatic recount with margins as close as .01 percent or just 42 votes. Therefore, as advocates for a free and fair democracy, we expect a count that includes every last vote because we know every voter deserves to have their voice heard.

 

This continues to be a historic, grassroots campaign supporting Raquel Terán. Young, first-time voters, parents and people of color fueled this campaign, who turned out under extreme weather conditions because they knew what was at stake in this election. These are the same voters who have witnessed Raquel building community power for the last decade – standing up for immigrants, students and the community across CD 3. 

 

The district was inundated with outside money and influence from MAGA extremists and billionaires. These billionaires poured millions into the race for their dark money special interests, attempting to drown out the voices of the very community Terán’s opponent is seeking to represent, and elect a MAGA-funded outsider who is disconnected from the values and needs of the district. Despite that spending, Raquel supporters showed up and the vote-count is now separated by just a few voices, which means this historic campaign for the first Arizona Latina Congresswoman has triggered an automatic recount.

 

Alejandra Gomez, Executive Director, LUCHA said in a statement: “For the past 16 years, I have witnessed Raquel’s influence and her mentorship. More than trying to become the first Arizona Latina Congresswoman, she’s a friend. She’s a mentor and a mother. She’s our neighbor and a community leader. Everywhere she has gone, she continues to build up her community. Because of that, Terán’s campaign was endorsed early on by our LUCHA members and is rooted in genuine service and advocacy for working families. She has a proven track record of standing up to right-wing extremists and fighting for justice. With yesterday’s news, the campaign goes into a recount, and the work will continue. We remain steadfast in our commitment to building grassroots power and will continue to fight against MAGA extremists and outside influence in our state.”

 

Final Unofficial Results from the 2024 Primary Election Posted

Posted on by Yellow Sheet Report Staff
Aug. 5, 2024 (Phoenix, Arizona) – Maricopa County Elections has tabulated every legal vote cast in the 2024 Primary Election and posted final unofficial results at Results.Maricopa.Vote . Results are not official until the Maricopa County Board of Supervisors canvasses the election. Final election results for the 2024 Primary Election, included 739,564 ballots cast, representing 30.57 percent of eligible voters. More than 2.4 million voters were eligible to vote in this election. Final tallies show that 95 percent of voters participated by casting an early ballot:
  • Ballots cast by mailing in or dropping off a ballot or voting early in-person at a Vote Center: 664,672
  • Election Day In-person Voting: 74,892 (includes provisional ballots that were tabulated)
Other Election Facts:
  • Maricopa County Elections offered 222 Vote Centers to serve voters throughout the county
  • More than 2,500 bipartisan members of the community were hired and trained to administer the Primary Election
  • 1,125 individuals voted under the Uniformed or Overseas Citizens and Absentee Voting Act (UOCAVA)
  • 188 Large-Print Ballots were cast
  • 17 individuals voted by Braille Ballot
The Post-election Logic and Accuracy Test is scheduled for Tuesday, August 6, at 2 p.m. The Maricopa County Board of Supervisors is scheduled to canvass election results on Monday, August 12, 2024.

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