The Ninth Circuit Court of Appeals reversed an earlier decision, which allowed a state law that barred those who fail to provide documentary proof of citizenship from registering on state voter registration rolls to go into effect. In a 2-1 decision, Judge Kim McLane Wardlaw and Judge Ronald Gould, both Clinton nominees, reversed an earlier unanimous ruling from a separate appellate panel. That decision stayed the portion of the district court’s order enjoining the law. Judge Patrick Bumatay, a Trump nominee, dissented. The majority found the decision from the prior panel created confusion ahead of an election for voters and election officials alike.  “Parties, including the State of Arizona, its Attorney General, and its Secretary of State, sounded the alarm that such an intervention would ‘only create confusion and chaos for voters and election officials alike,’” the order states. “Their warnings proved prescient.” Under the prior ruling, the panel found election officials would simultaneously face a felony for failing to reject a state form without documentary proof of citizenship, per the new law, and a misdemeanor for failing to comply with the EPM, which requires election officials to accept registration applications of otherwise qualified applicants who did not provide documentary proof of citizenship. The panel cited the Purcell principle, which advises against changing election rules in the eleventh hour of an election, and claimed the prior panel “overlooked this fundamental principle of judicial restraint, resulting in manifest injustice to voters and elections officials alike.” Under the Ninth Circuit’s reversal, voters who fail to provide documentary proof of citizenship can now register with a state form. But they cannot vote in state elections – only federal elections – while voters who had proof of citizenship on record with the DMV but failed to provide additional documentary proof of citizenship to register to vote were eligible to vote in all elections. Under the past order, both of those voter groups were barred from registering with the state and could only register as a federal-only voter.  “All Arizonans must now navigate an arcane web of shifting and confusing rules that will without a doubt dissuade some who are otherwise eligible and willing from exercising the fundamental right to vote,” the panel wrote. In the dissent, Bumatay found the plaintiffs did not demonstrate an adequate enough interest that would outweigh the “State’s interest to protect the integrity of its elections free from judicial interference.” He noted the district court’s failure to find any evidence to show the documentary proof of citizenship requirement will “impede any qualified voter from registering to vote or staying on the voter rolls… nor any evidence that Arizona’s election-law statutes ‘impose an excessive burden on any specific subgroup of voters.’” In a statement, Petersen said he would be taking the case to the U.S. Supreme Court and plans to file an emergency stay application in the upcoming week. He accused the Ninth Circuit of engaging in “judicial warfare to carry out their extremist liberal agenda.” Petersen said, “We will seek assistance from the Supreme Court to ensure only American citizens are voting in our elections.”

A Maricopa County Superior Court judge heard arguments over whether to strike down the Arizona for Abortion Access Act initiative for using a “misleading” summary.” Judge Melissa Julian, a Ducey appointee, heard from attorneys for Arizona for Abortion Access and Arizona Right to Life, which claimed omissions in the measure’s 200-word summary deceived voters. Jen Wright, attorney for Arizona Right to Life, said that it is “not a moral case,” but noted the group’s contention is about “whether or not the proponents met the statutory requirements of including a description on the petition that accurately betrayed the principal provisions of the Act.” She pointed to case law that requires the summary to be an “elevator pitch” with its aim discernible to an average person. She said in most places, the summary “accurately, albeit selectively quoted the language of the act, an average reasonable person is not equipped to parse through a legalistic word salad, to understand the measure’s principal provisions.” Wright said, in the broader picture, the summary did not fully encapsulate the act’s purported ability to curtail past and prevent future abortion regulation. But in pointing to past case law, Julian added the description of an act does not have to be impartial, nor include potential consequences. “It just has to be accurate in describing principal provisions,” Julian said. “Isn’t that another way of saying that they should have included the consequences in the act?” But Wright claimed the “basic thrust” was misleading to most people. In terms of addressing Wright’s claims of legalese, Julian asked, “So the argument then is that the description cannot quote the text of the proposed initiative measure itself if the initiative measure uses legalistic terms?” Wright said, “A description is not to just simply recite a law that is going to be interpreted in 10 different ways. It’s to say what the basic thrust of the measure is, and to give the person a quick understanding so that they can make an informed decision.” Austin Yost, attorney for Arizona for Abortion Access, claimed the plaintiffs do not like the policy underlying the initiative. “It hopes that voters will reject it,” Yost said. “It has a right to express those views in the political arena and in the court of public opinion, but it has no claim to relief in a court of law.” Yost contended the description quotes much of the initiative itself and “does not obscure any of those provisions.” He called it a “textbook example” of a statutorily-compliant ballot measure provision. In referring to the specific omissions, Right to Life took issue with, namely “treating” before health care provider and “good faith decision.” Yost noted there are “always going to be omitted words,” but the main aim of the initiative was still clear. “You’re applying a reasonable person standard here,” Yost said. “I don’t think any reasonable person would read this description and think somebody might be making a bad faith judgment about whether health care is necessary or not.” Julian took the matter under advisement and said she planned to issue a ruling by Monday.

PIMA COUNTY, August 2, 2024 – The Pima County Department of Environmental Quality (PDEQ) is issuing a ground-level Ozone Action Day for the Tucson metropolitan area today. Individuals who are especially sensitive to ozone air pollution may experience shortness of breath, coughing, throat irritation, wheezing, and breathing discomfort.  If you are especially sensitive to ozone, you may want to limit your level of exertion outside between noon and sunset when elevated levels of ozone pollution are more likely to occur. Intense physical outdoor activity causes heavier breathing, which allows ozone to penetrate deeper in the lungs. Those who are most likely to be sensitive to ozone include children, adults who are active outdoors, people with respiratory diseases, and certain individuals who have an unusual sensitivity to this particular pollutant. Those people who are feeling symptoms should seek medical attention, if necessary. There are many types of emissions that generate ground-level ozone. Motor vehicle exhaust, industrial and power plant emissions, gasoline vapors, chemical solvents, as well as natural sources, emit oxides of nitrogen (NOx) and volatile organic compounds (VOC) that form ozone in the presence of intense sunlight and heat.  Actions to reduce the production of ground level ozone:

• Reduce driving – combine errands into one trip.
• Ride the bus, walk, bike, or share a ride with friends and family.
• Avoid idling your vehicle’s engine.
• Re-fuel your car after dark or during cooler evening hours when vapors are less likely to form ozone.
• While re-fueling, always stop at the click.
• Make sure your gas cap is tightly sealed after re-fueling.
• Avoid using gas-powered lawn and gardening equipment.
• Check your tire pressure monthly and keep tires properly inflated for peak performance.
• Conserve electricity to reduce emissions from power plants.
• Use low-VOC or water-based paints, stains, finishes, and paint strippers and ensure that they are sealed properly.

PDEQ’s Clean Air Program educates Pima County residents about the potential health effects associated with elevated levels of air pollution and promotes actions to reduce air pollution. PDEQ monitors air pollution in our region at 16 air quality monitoring sites. Real-time air pollution levels are available online at the PDEQ website . To receive Air Pollution Action Day advisories, sign up here .

WASHINGTON – The National Republican Congressional Committee (NRCC) released the following statement on Arizona’s 1 st Congressional district primary election results: “Arizonans trust Representative David Schweikert to keep fighting to end the border crisis, combat inflation and lower taxes. Scottsdale and Phoenix voters will re-elect Congressman Schweikert to continue protecting their security and prosperity. Amish Shah is an extreme liberal who endorsed Bernie Sanders’ socialism and repeatedly voted against border security. Arizonans will reject Shah’s extreme plans to dramatically raise their taxes, rip away their health insurance and exacerbate the border crisis.” – NRCC Spokesperson Ben Petersen Background:

• Amish Shah backed Bernie Sanders’ socialist government takeover of health care that would rip away Arizonans’ private insurance and replace it with socialist waiting lists.
• In the state legislature, Amish Shah repeatedly voted against tougher border security, fueling the historic border crisis Arizona now faces.
• Amish Shah promised to dramatically raise taxes on Arizona families and businesses in 2025.
• Amish Shah endorsed Border Czar Kamala Harris after Harris praised defunding the police, backed abolishing ICE and called to decriminalize illegal immigration.

August 1, 2024 (Phoenix, Arizona) – Maricopa County Elections has posted additional unofficial results for the 2024 Primary Election.

695,357 ballots are included in the update, which represents 28.74 percent of eligible voters. This update reflects votes cast through Election Day, including approximately half of the early ballots dropped off at Vote Centers on Election Day.   Following today’s result’s post, approximately 93 percent of the ballots cast in this election have been counted. There are approximately 46,100 ballots left to tabulate. They fall into the following categories:

• Estimated ballots ready to process and tabulate: 41,500
• Estimated ballots left to be signature cured: 4,500
• Provisional ballots left to research and process: 100

Election workers continue to process provisional and other ballots that require additional verification before they can be counted. The last day voters can cure a signature issue or provide identification for a conditional provisional ballot is Sunday, Aug 4, 2024, at 5 p.m. Find Maricopa County’s election results at Results.Maricopa.Vote . To learn more about how Maricopa County tabulates results, visit CountingBallots.Maricopa.Vote .

Phoenix, Ariz.— At the Arizona Corporation Commission’s Integrated Resource Planning Workshop on July 31, 2024, Commissioner Nick Myers repeatedly emphasized the priorities of reliability and affordability.   The Commission requires Load Serving Entities, including Arizona Public Service Company (“APS”), Tucson Electric Power Company (“TEP”), UNS Electric (“UNSE”), and Arizona Electric Power Cooperative (“AEPCO”) to submit an Integrated Resource Plan (“IRP”) every three years. In their IRPs, each utility identifies the resource mix they believe will meet the energy needs of their customers over the next 15 years, as well as include an action plan for the next five years.    At the July 31 IRP Workshop, the vertically integrated utilities highlighted in their presentations their projected load growth, the resource portfolios analyzed, their selected portfolio, and the estimated revenue requirement for each of the portfolios.    Through his questions to the utilities, Commissioner Myers wanted to ensure each utility had in fact analyzed a least-cost, technology neutral portfolio without regard for the utility’s self-imposed emissions reduction goals, as required in Decision No. 78499. Moreover, he questioned whether these utility goals may have resulted in the selection of a more costly or less reliable resource portfolio.   “IRP planning is a complicated process that involves the analysis of various scenarios, multiple iterations, and complex projections. It is critical that the Commission understands what a utility’s plan is going forward and addresses any possible discrepancies or inconsistencies so that Arizonans can feel comfortable that their air conditioning will remain on and at an affordable rate,” stated Commissioner Myers.    Utilities filed their 2023 IRPs on August 1 and November 1, 2023, in Docket E-99999A-22-0046 . Commission Staff is currently reviewing the IRPs and expects to bring a memorandum and proposed order for the Commission’s review by the end of August 2024.    “Reliability and affordability will continue to be my highest priorities,” stated Commissioner Myers in his closing remarks, “we absolutely cannot afford to have blackout and brownouts in Arizona.”   For more information, please contact Amanda Hasty at [email protected] .   A recording of the Workshop can be found here:  https://azcc.granicus.com/player/clip/6039?view_id=3&redirect=true

PHOENIX – Sections of northbound Interstate 17 in north Phoenix, westbound Interstate 10 near Sky Harbor Airport and southbound Loop 101 in the East Valley are scheduled to be closed this weekend (Aug. 2-5) for freeway improvement projects, according to the Arizona Department of Transportation. Drivers should allow extra travel time and consider alternate routes while the following weekend restrictions are in place:

• Northbound I-17 closed between Happy Valley Road and Loop 303 from 10 p.m. Friday to 5 a.m. Monday (Aug. 5) for pavement improvement project. Northbound I-17 on-ramps at Deer Valley and Pinnacle Peak roads also closed. Allow extra travel time. Primary Detour: Traffic will detour on westbound Happy Valley Road to northbound Lake Pleasant Parkway and eastbound Loop 303. Note: Consider traveling during early morning or later at night. Please avoid detouring on streets that are designed for local traffic.
• Westbound I-10 closed between US 60 (Superstition Freeway) and I-17 (Split interchange) near Sky Harbor Airport from 10 p.m. Friday to 4 a.m. Monday (Aug. 5) for the I-10 Broadway Curve Improvement Project. Westbound I-10 on-ramps at Elliot and Baseline roads closed. Westbound US 60 narrowed to one lane between Rural Road and I-10. Westbound US 60 on-ramps at McClintock Drive, Rural Road and Mill Avenue closed. Detours: Consider exiting westbound I-10 to eastbound Loop 202 (Santan Freeway) or eastbound US 60 to reach northbound Loop 101 (Price Freeway) and westbound Loop 202 (Red Mountain Freeway) to reach I-10 beyond the closure. Note: Drivers in the southeast Valley/Chandler area also can consider using westbound/northbound Loop 202 (South Mountain Freeway) as an alternate route to avoid the closure. For more information visit i10BroadwayCurve.com.   
• Southbound Loop 101 (Price Freeway) closed between US 60 (Superstition Freeway) and Loop 202 (Santan Freeway) in Tempe from 9 p.m. Friday to 5 a.m. Monday (Aug. 5) for lane striping. Southbound Loop 101 on-ramps at University Drive and Broadway Road also closed. Allow extra travel time. Detours: Consider exiting southbound Loop 101 ahead of the closure and using the southbound Price frontage road. Drivers also can consider using southbound Dobson Road or McClintock Drive to travel beyond the closure.
• Southbound I-17 frontage road closed between Bethany Home and Camelback roads from 5 a.m. to 5 p.m. Saturday and Sunday (Aug. 3-4) for paving. Southbound I-17 on-ramp at Bethany Home Road and southbound off-ramp at Camelback Road closed. Detour: Consider using southbound 27th Avenue. 

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. R eal-time highway conditions are available on ADOT’s Arizona Traveler Information site at az511.gov , the az511 app (download for Apple or Android devices) or by calling 511.  

Phoenix, Ariz. –  The Arizona Corporation Commission hosted its Integrated Resource Planning Workshop on Wednesday, July 31, 2024.  Arizona’s regulated electric utilities, including Arizona Public Service (APS), Tucson Electric Power (TEP), UNS Electric (UNSE), and Arizona Electric Power Cooperative, Inc. (AEPCO) delivered detailed presentations to the Commission and stakeholders.  Integrated Resource Plans (IRPs) are created to help predict future energy needs and identify resources to meet them over the next 15 years and are usually conducted every three years.  They take into account factors like population growth, economic growth, new technologies, and weather.  The ACC prioritizes grid reliability, stability, and affordability goals.   Resource Planning Advisory Council (RPAC) members, such as Western Resource Advocates (WRA) also provided presentations on their assessments of the IRP’s and asked tough, clarifying questions of the utilities. In its presentation to the Commission, APS representatives said it expects its peak demand and energy needs will grow by 2.4% and 3.7% a year, respectively, driven by data center growth, large industrial customer growth and electric vehicle adoption.   APS anticipates its peak demand will ultimately increase by 40% – reaching nearly 11,400 MW by 2031 and increasing to about 13,000 MW by 2038.  APS laid out its plans to add more than 3,000 MW of solar and wind power, along with about 2,800 MW of battery storage by 2027.    TEP anticipates its customers will require nearly 4,000 MW of electricity by 2038, while UNSE plans to expand its energy portfolio by nearly 780 MW.  TEP’s IRP calls for adding 2,240 MW of wind and solar power, 1,330 MW of energy storage and 400 MW of natural gas-fired generation.  TEP expects its peak load will grow by about 1.2% a year to 2,800 MW in 2038.    APS said the least expensive option in retiring the coal-fired Four Corners power plant early was to wait until 2031.  TEP plans to fully retire about 900 MW of coal-fired generation by 2032.   Both TEP and APS told the Commission, they plan to use natural gas resources that can ramp up quickly during the day when customers need electricity the most and make use of existing infrastructure to maintain customer affordability as they transition to renewable energy, battery storage and potentially new technology.   The workshop serves as a technical conference to inform the Commission and Utilities Division staff as they prepared their Recommended Order for Commissioners’ review and acknowledgement at a future meeting.     Public comments may be filed to eDocket in this matter. All documents and IRP presentations can be viewed at https://edocket.azcc.gov/ under Docket E-99999A-22-0046.

WASHINGTON – U.S. Congressman Juan Ciscomani (AZ-06) was recognized as a 2024 “Hero of Main Street” by the National Retail Federation ( NRF) last week for his work to advance public policy that encourages a vibrant and healthy retail sector.    “The retail industry is a key driver of Arizona’s economy, providing valuable goods and services, and supporting over one million jobs,” said Ciscomani. “I am honored to be recognized as a ‘Hero of Main Street’ and will continue to pursue common sense efforts that support business, promote growth, and strengthen employment opportunities.”    The “Hero of Main Street” award was created by NRF in 2013 to recognize a bipartisan group of lawmakers for their support of the retail industry’s public policy priorities. Award eligibility is based on key votes, bill sponsorship and advocacy to advance the industry’s priorities. Earlier this year, the Lugar Center and McCourt School of Public Policy at Georgetown University Bipartisan Index ranked Congressman Ciscomani as the most bipartisan member of Arizona’s Congressional House delegation .     Retail is the nation’s largest private-sector employer, driving the U.S. economy and creating jobs in communities throughout the country. In Arizona, retail supports more than 1 million local jobs and contributes more than $49.5 billion in economic activity.     “The retail industry directly impacts every congressional district in the United States, providing goods, services and American jobs,” said NRF Executive Vice President of Government Relations David French. “NRF is honored to recognize Rep. Ciscomani as a ‘Hero of Main Street’ for their continued support of the retail industry through legislative action and leadership.”     Last week, the NRF honored Ciscomani and 264 other members of the House and Senate as “Heroes of Main Street” during their Retail Advocates Summit in Washington, D.C. 

PHOENIX, ARIZONA— A major legal battle to protect the integrity of our elections within Arizona is ensuing after two liberal judges at the Ninth Circuit Court of Appeals engaged in judicial warfare Thursday and overturned the voices of four other judges who ruled in favor of an Arizona law requiring proof of citizenship to cast a ballot. On August 1, a three-judge Ninth Circuit panel (by a vote of 2 to 1), through a “highly irregular and strongly disfavored” procedural maneuver, vacated an emergency stay decision issued unanimously (by a vote of 3 to 0) by another Ninth Circuit panel on July 18 in Mi Familia v. Adrian Fontes. This decision will now effectively allow any individual in Arizona to use a state form to register to vote, without providing proof of citizenship, in order to cast a ballot in federal races like U.S. President and Congress. Shockingly, federal law does not currently require citizenship documentation to vote in federal elections. This lawsuit stems from radical Left activists, some of which are from outside of Arizona, opposing two laws passed by the Republican-controlled Legislature back in 2022 restricting voters who don’t provide documentation confirming they are in fact legal citizens of the United States. Without Congress taking action to implement federal laws safeguarding against non-U.S. citizens from casting a ballot, the sanctity of our democratic process for legal U.S. citizens remains in grave danger. As a result of the egregious August 1 ruling by two Ninth Circuit judges, Senate President Warren Petersen is taking the case to the U.S. Supreme Court and will file an emergency stay application in the upcoming week. “This is just another example of why the radical Ninth Circuit is the most overturned circuit in the nation,” said Senate President Warren Petersen. “They routinely engage in judicial warfare to carry out their extremist liberal agenda that’s contrary to the laws our citizens elected us to implement. We will seek assistance from the Supreme Court to ensure only American citizens are voting in our elections. If this principle is not followed, democracy as we know it, and as our Founding Fathers intended, is in jeopardy.”