BREAKING - OCTOBER NOT-SO-SURPRISE: APS Sent 2nd Mega Check To Boost GOP AG Candidate Mark Brnovich; Also, Last Minute Check Supporting Ducey

Arizona's Politics confirmed today that the state's largest utility, Arizona Public Service, sent a 2nd mega-check ($250,000) to the semi-dark money Republican Attorneys General Association ("RAGA") in October in order to boost the campaign of Attorney General-elect Mark Brnovich.  The October 3 contribution brought its investment in the race to $425,000.

RAGA ended up spending more than $3,000,000 on the Arizona campaign, helping Brnovich defeat Democratic nominee Felecia Rotellini 52.8-47.0%.  The Democratic counterpart only spent less than $1.3M.

You might recall that RAGA messed up its previous IRS filing, indicating that APS parent Pinnacle West Capital Corp. had contributed $175,000 on September 15, yet reported an aggregate year-to-date of $425,000.  Arizona's Politics inquired about the apparent discrepancy; while RAGA did not respond, it did amend the report.  We speculated then that there had been a $250k contribution made between the 9/30 cutoff and the 10/15 filing, but neither RAGA nor PinnWest would confirm.

Confirmation arrived late last night at 11:30pm, when RAGA filed its post-election report just under the deadline.  Turns out that PinnWest made the quarter-million dollar contribution on October 3.

APS was not the only Arizona contributor to the persistent advertising barrage knocking the Democratic candidate.  Susan McGroder - an attorney at law firm Gallagher & Kennedy - gave $10,000.  Randy Kendrick - an attorney whose husband is managing owner of the Arizona Diamondbacks - contributed $25,000, as did Shamrock Foods.  Other Arizona corporations contribute to both RAGA and DAGA (a potentially troublesome issue).

***

APS ALSO gave $50,000 to the RGA on October 29, supporting Treasurer/Gov-Elect Doug Ducey's race. (RGA just filed yesterday, too.)

Arizona Public Service acknowledged last year that it contributed to groups working on the net metering issue before it came before the Arizona Corporation Commission (the government agency that regulates APS and other utilities).

APS/Pinnacle West is also widely believed to be behind a massive amount of dark money spending in campaigns this year for seats on the Corporation Commission, Secretary of State (one unsuccessful Republican candidate - Justin Pierce - has a father already on the Corporation Commission.

APS has neither denied nor confirmed those dark money contributions.  The contributions to RAGA and the RGA uncovered by Arizona's Politics were the first (and, only) substantive* and publicly-disclosed election contributions.

  raga 8872 post-gen 120414

  rga 8872 post-elec 120414

* APS and Pinnacle West have made small contributions this election cycle to the GOP's House Victory Committee ($5,000, May 20) and Senate Victory Committee ($5,000, May 31), and to the LD21 Republican Committee ($1,000, July 31).

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Rep. Gosar Votes "Present" On Immigration/Executive Action Bill, Joins Hardliners Steve King, Raul Labrador In Worrying That It Was Move To "Pacify" Right Wing

Arizona Rep. Paul Gosar (R-CD4) bucked the prevailing House GOP position and voted "present" this afternoon on the GOP response to President Obama's executive action on immigration.  The measure passed the House 219-197. He worried that it was designed to pacify hardliners.

The rest of Arizona's delegation voted along party lines.  Only seven Republicans opposed the simple resolution (see, below) and only three Democrats voted in favor.

Gosar, Iowa Rep. Steve King, and Idaho Rep. Raul Labrador cast "present" votes, and 15 members did not vote.

Gosar was quoted by Roll Call as saying after the vote: “I believe in the principle; I also want to make sure this isn’t a cover,”

The Senate is unlikely to vote on today's measure.

* * *
Text of H.R. 5759:
A BILL

To establish a rule of construction clarifying the limitations on executive authority to provide certain forms of immigration relief.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Executive Amnesty Prevention Act of 2014'.

SEC. 2. RULE OF CONSTRUCTION.

(a) In General- No provision of the United States Constitution, the Immigration and Nationality Act, or other Federal law shall be interpreted or applied to authorize the executive branch of the Government to exempt, by Executive order, regulation, or any other means, categories of persons unlawfully present in the United States from removal under the immigration laws (as such term is defined in section 101 of the Immigration and Nationality Act). Any action by the executive branch with the purpose of circumventing the objectives of this statute shall be null and void and without legal effect.

(b) Effective Date- This Act shall have effect retroactively, and shall apply to any such exemption made at any time.

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UPDATE, #AZ02 MCSALLY/BARBER RECOUNT: Judge Denies Barber Motion To Allow Campaign Observers And To Hand Count Early Ballots

The Barber campaign was unsuccessful in its attempt to allow observers from the Barber and McSally campaigns to observe the recounting of ballots, and to hand count early ballots in addition to those cast on election day.  Maricopa County Superior Court Judge Katherine Cooper today denied the two-prong motion for "clarify(ing)" those procedures, saying that they "deviate from the procedures" set forth in statutes and the manual.

GOP challenger Martha McSally holds a 161-vote lead over Rep. Ron Barber (D-CD2) heading into the recounting of ballots, which is set to begin today.

The Barber Motion to Clarify was filed on Monday (posted again below), the McSally campaign responded the next day and Barber filed a reply yesterday.

Here is the short ruling from Judge Cooper filed this morning:

  120414 M E Denying Clarify Motion

  2014.12.01 Barber_s Motion to Clarify Recount Procedures

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READ: U.S. Constitution REQUIRES Lawmakers Handle Redistricting, Says Arizona Legislature In Its Supreme Court Brief

The Arizona Legislature filed its brief with the U.S. Supreme Court today (Tuesday), explaining that the U.S. Constitution requires the lawmakers to handle Congressional redistricting and forbidding Arizona voters from changing that process.

The 59-page brief (posted below) was prepared by former Solicitor General Paul Clement, and makes the case that because the Constitution says that "the Legislature" sets the laws regarding its Congressional elections, the Arizona Constitutional amendment passed by voters in 2000 (Proposition 106) to set up the Independent Redistricting Commission was unconstitutional.

Four of the five AIRC members are appointed by legislative leaders (from a pool vetted by a non-partisan committee), they choose a fifth member, and the Commission then sets the district boundaries for both Congressional and state legislative districts.  The Legislature has the ability to make recommendations, but the Commission is not required to accept them.

The Legislature's legal challenge came after the contentious redistricting following the 2010 census, and complains that the *new* process removes them "completely" from its Constitutional "right". ("The Legislature has been completely deprived of that power....")

The AIRC now has until January 16 to file its brief.

(A second challenge to the redistricting boundaries is also sitting with the Supreme Court. The Justices have not yet decided whether or not they will accept the appeal in Harris v. Arizona Independent Redistricting Commission.)

  Arizona Legislature v. Arizona Independent Redistricting Commission, Appellant Brief by arizonaspolitics

(Tempe election law attorney Paul Weich contributed this article.)

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READ: Arizona Supreme Court Says It's Not Group To Consider What Computer Program Recounts #AZ02 Votes, Maricopa Superior Court Judge Is

(Updated 5:15pm: Arizona's Politics received the Supreme Court Order dismissing the Special Action. It is published at the bottom of this article.)

In an afternoon telephonic hearing, the Arizona Supreme Court informed attorneys for voters, the Barber and McSally campaigns, and the government that it would not consider the Special Action filed Monday afternoon by Pima and Cochise County voters.

The Special Action crossed paths with the judicial proceeding opened yesterday in Maricopa County Superior Court (details below), and it is likely that the issues raised in the Special Action will be raised there.

The Special Action was filed by Tucson attorney Bill Risner* on behalf of voters from different parties and different counties.  The crux of the petition was that Arizona law requires the recount to be conducted by a different vote tabulation program and/or by hand.

Risner tells Arizona's Politics that he and his clients are investigating their legal options after the Supreme Court's dismissal.

Pima and Cochise counties have until December 16 to recount the ballots for CD2, and a court hearing is set for 10:00 a.m., December 17.

  Arizona Supreme Ct Order Dismisses Special Action

*Risner has long been active in cases involving immigrants' rights, Border Patrol issues, and election law issues for the Pima County Democrats. 


(Election law attorney Paul Weich contributed to this article.)

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READ: Ultra-Tight McSally/Barber Election Recount NOT Necessarily Delayed By Voters' Complaint To Adjust Computer Program/Process; December 17 Is Targeted Decision Date

UPDATED, 4:50pm: In an afternoon telephonic hearing, the Arizona Supreme Court informed attorneys for voters, the Barber and McSally campaigns, and the government that it would not consider the Special Action filed Monday afternoon by Pima and Cochise County voters.  The Special Action crossed paths with the judicial proceeding opened yesterday in Maricopa County Superior Court (details below), and it is likely that the issues raised in the Special Action will be raised there.


The ultra-tight election contest between GOP candidate Martha McSally and Rep. Ron Barber (D-CD2) will NOT necessarily be delayed by a new lawsuit filed by CD2 voters to change the programs to recount the ballots.

Maricopa County Superior Court Judge Katherine Cooper has set a Court hearing for December 17 (10am) on the results of the recount. (See, Order, published below)

  Order for Recount

Complaint:



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Gov-Elect Doug Ducey Chooses APS Dark Money Man Kirk Adams Chief of Staff

After an election campaign marked by the surreptitious dark money bankrolling by Arizona's largest utility - Arizona Public Service ("APS"), you might be surprised to see Gov.-Elect Doug Ducey name one of APS' dark money managers as his incoming Chief of Staff.  Or, you might not.

Ducey today named former Arizona House Speaker Kirk Adams to be his first Chief of Staff when he takes over the 9th floor next month.  Since an unsuccessful run for Congress in 2012, Adams has been tightly connected with political consultant Sean Noble AND has helped APS semi-secretly oppose net metering when the Arizona Corporation Commission was wrestling with it last year.

Ducey and Adams also teamed up in the fall of 2012 to funnel $925,000 of dark money into the campaign opposing the state sales tax ballot measure. Their investment in defeating that education-related measure and a concurrent $575,000 dark money investment in defeating the open primary measure were both successful.

Ducey lauded Adams today as having "accomplishments, talent and knowledge are second-to-none."

Adams was President (and one of the directors) of Americans for Responsible Leadership in 2012, when it was one of the primary dark money vehicles of the Koch brothers' political network. During that time, California went after ARL for what it called "political money laundering"; Adams was no longer President when California reached a settlement with ARL (and sister organization Center to Protect Patient Rights) to pay a $1Million fine in the incident.  Neither Ducey, Adams nor Noble have ever acknowledged where the money came from to defeat the Arizona ballot measures, although Ducey was State Treasurer at the time.

Adams then became founder and sole director of Prosper, Inc., filed as an educational non-profit.  APS then gave Prosper an undisclosed amount of money (totaling in the six figures between Prosper and Noble partner 60 Plus Association) to get involved attacking "net metering" and solar firms, as the Corporation Commission was preparing to consider the contentious issue. (Prosper has not filed any campaigning disclosures with the Arizona Secretary of State, Adams has not filed with the Secretary of State as a lobbyist, and no record of a non-profit filing with the Internal Revenue Service was found.)

To present a couple of additional data points that almost complete the circle, Adams' past close allies 60 Plus Association and Center to Protect Patient Rights (nka American Encore) - also both Sean Noble operations and/or partners - were Ducey's two largest dark money supporters in the gubernatorial campaign.

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WATCH: Rep. Barber Questioning DHS Secy Jeh Johnson Today Re: Border Security, Immigration Reform

Arizona Rep. Ron Barber (D-CD2) questioned Department of Homeland Security Secretary Jeh Johnson this morning regarding border security and immigration reform.

Barber focused on how the Obama Administration's executive actions regarding illegal immigration meshed with the McCain-Flake* comprehensive immigration reform package.  Johnson replied that the Administration's actions furthered some goals of that legislation but could not encompass others - including border security.

Barber advocated for more federal oversight on the border in southeastern Arizona - as opposed to several miles back - and for aerostat and radar coverage.  Johnson agreed that the aerostats are an integral part of the Administration's toolchest, and that he would like to come back and visit with area ranchers again next year, if they will have him.




* As Barber referred to it. It is the comprehensive immigration reform bill that Arizona Senators John McCain and Jeff Flake were instrumental - part of a gang of seven - in moving through the Senate in 2013.  It has not been brought up for a vote in the GOP-controlled House.

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