Thursday, April 30, 2020

ARIZONA ELECTION CHALLENGES - Big and Small, Updated through April 30

Here is the complete, updated spreadsheet of election challenges from around the state. This is currently updated as of 5pm, April 30.

Thursday night update: Boyd Dunn's counsel indicates that they WILL appeal his removal to the Arizona Supreme Court. Details here.

And, here is the separate article on the challenge against State Rep. Shawnna Bolick. No word yet on whether the decision that she will remain on the ballot is going to be appealed.

It includes all of the cases from Maricopa County Superior Court - which handles statewide, multi-county, and county wide cases. It also includes cases from other counties that were provided to Arizona's Politics/AZ Law by readers or officials.

If you have info on any cases - from any county - that are not listed here, please email me all of the necessary data (and a link, if available) to Paul.Weich.AZlaw @ gmail.com. Ditto if you have updates on the spreadsheet.





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Dunn Removed But Not Done Yet, Bolick Still On Ballot, Arpaio Case Thrown Out, Martinez Reprimanded, More (ARIZONA'S POLITICAL SHORTS

It was a big news day over on our sister site, AZ Law. However, almost all of those articles are also right at home on Arizona's Politics. So, here is a rundown.*

1) BREAKING: Shawnna Bolick To REMAIN On Ballot For Key State House Seat (READ Decision)
Arizona State Rep. Shawnna Bolick will remain on the August and November ballots, ruled a Superior Court judge this morning. Her nomination papers had been challenged as being false because she used a private mailbox store address on her petitions and nominating paper, instead
of the "actual residence address."

--more--

2) BREAKING: Arizona Supreme Court Reprimands Juan Martinez For Ethical Misconduct In Three Older Cases (READ Opinion)
In a unanimous 6-0* ruling, the Arizona Supreme Court has reprimanded well-known prosecutor Juan Martinez for ethical misconduct committed in three 10-15 year old murder trials. The reprimand overrides a disciplinary hearing panel's determination that attorneys' ethics rules were not breached by Martinez's comments. The State Bar indicates that it is "pleased" with today's opinion.

--more--

3) BREAKING: No $300M In Damages, As Another "Frivolous" Arpaio Defamation Case Dismissed; Counsel Says Judge "Politicized" Matter
Former Maricopa County Sheriff Joe Arpaio lost another round in his ongoing efforts to collect hundreds of millions of dollars against media entities yesterday, when a District Court Judge called his latest case against Rolling Stone magazine and the Huffington Post "frivolous" while dismissing the case.

--more--

4) BREAKING UPDATE: Not Done Yet - Corporation Commissioner Boyd Dunn Will Appeal Removal To Supreme Court
UPDATE, 8:30pm: Boyd Dunn *will* appeal Judge Brodman's decision to remove him from the ballot. Dunn's attorney, Jack Wilenchik, tells AZ Law that the judge erred by combining the challenged signatures from each of the two separate lawsuits.

--more--

*As some friends and readers have pointed out, we do tend to overuse the word "breaking". However, we use it if we are the first outlet to be reporting a current news event. Since we are a very minor news site, we believe it is important to note when we are providing fresh reporting instead of just rewriting someone else's article.

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Wednesday, April 29, 2020

Revised Stay At Home Order For Arizona


*





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Friday, April 24, 2020

WATCH: President Trump's Full Musing On Disinfectant (ARIZONA'S POLITICAL SHORTS)

10:50am: WATCH: President Trump's Full Musing On Disinfectant

Here is the full clip of President Trump musing about researching injecting disinfectants to clean the lungs, from the April 23 news conference. (On April 24, he explained that it was a sarcastic response to a reporter. That is incorrect. (He gave a sarcastic response to Phil Rucker about UV light later in the event.)

*

9:00am: LAST DAY: "Conversations Between the Bars" - Vote For Best NAU Research Poster Presentations

"Conversations Between the Bars: The Criminal Treatment of Mental Illness In One Arizona Jail"

Everything has gone virtual over the past several weeks. But, this one actually makes sense. Through this coming Friday, all of us can click on links and peruse poster presentations from NAU students who have researched a wiiiiiiide variety of topics. On some of them, you can even listen to the student give a 3-minute explanation of the research.

I may be biased, but the presentation by one of my daughters is the best. At least, after virtually walking through the poster gallery, I can safely say that it is one of the most germane to both Arizona's Politics and Arizona's Law!

Here is the link to her temporarily-halted research on the experiences of persons with mental illness in a northern Arizona jail - from the perspectives of former inmates and those who work there. She lists some potential improvements that could be made.

At this link, you can read the poster and listen to her explanation, and then you can vote for the "People's Choice" award. (They will separately be judged by faculty, etc.)

Here, you can peruse the gallery of some 900(!) posters, although it looks like most did not record a shpiel.

I cast my vote for "Conversations Between the Bars". But hey, you make up your own mind!

(And, if you have any questions/comments/suggestions that might improve her study when it resumes, I'd be happy to pass them on. Email me at "Paul @ ArizonasPolitics .com".)

If you would like to show your appreciation for Arizona's Politics reporting, please consider donating to our pool to support OTHER journalism-related nonprofits.  

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Thursday, April 23, 2020

BREAKING: House Passes Coronavirus Relief IV, Biggs Leads Handful Of "No" Voters (ARIZONA'S POLITICAL SHORTS)

2:30pm: BREAKING: House Passes Coronavirus Relief IV, Biggs Leads "No" Votes

The U.S. House of Representatives overwhelmingly passed and sent the fourth Coronavirus Relief Package to get inked by President Trump's sharpie, by a vote of 388-5. Arizona Rep. Andy Biggs (R-CD5) led the handful of Representatives voting "no" on the $484B measure. 

During the voting process, Biggs - the current chair of the Freedom Caucus -  tweeted that he is concerned about the national debt and the national security implications. He has long had a "debt clock" on his website - which he has kept there despite the ballooning of the national debt during the Trump Administration.

The measure passed the Senate by a voice vote. It adds $321B to the Paycheck Protection Program (forgivable loans for small businesses), $75B to hospitals, $25B to increase testing for the virus, and $60B for emergency disaster loans to small businesses.


Here is a link to the text of today's "Paycheck Protection Program and Health Care Enhancement Act", and here is the official summary.


11:00am: BARELY OFF-TOPIC, and PERSONAL: "Conversations Between the Bars" - Vote For Best NAU Research Poster Presentations

"Conversations Between the Bars: The Criminal Treatment of Mental Illness In One Arizona Jail"

Everything has gone virtual over the past several weeks. But, this one actually makes sense. Through this coming Friday, all of us can click on links and peruse poster presentations from NAU students who have researched a wiiiiiiide variety of topics. On some of them, you can even listen to the student give a 3-minute explanation of the research.

I may be biased, but the presentation by one of my daughters is the best. At least, after virtually walking through the poster gallery, I can safely say that it is one of the most germane to both Arizona's Politics and Arizona's Law!

Here is the link to her temporarily-halted research on the experiences of persons with mental illness in a northern Arizona jail - from the perspectives of former inmates and those who work there. She lists some potential improvements that could be made.

At this link, you can read the poster and listen to her explanation, and then you can vote for the "People's Choice" award. (They will separately be judged by faculty, etc.)

Here, you can peruse the gallery of some 900(!) posters, although it looks like most did not record a shpiel.

I cast my vote for "Conversations Between the Bars". But hey, you make up your own mind!

(And, if you have any questions/comments/suggestions that might improve her study when it resumes, I'd be happy to pass them on. Email me at "Paul @ ArizonasPolitics .com".)


If you would like to show your appreciation for Arizona's Politics reporting, please consider donating to our pool to support OTHER journalism-related nonprofits. http://bit.ly/AZpDonate 

We welcome your comments about this post. Or, if you have something unrelated on your mind, please e-mail to info-at-arizonaspolitics-dot-com or call 602-799-7025. Thanks.

Wednesday, April 22, 2020

BARELY OFF-TOPIC/PERSONAL: "Conversations Between the Bars" - Vote For Best NAU Research Poster Presentations (ARIZONA'S POLITICAL SHORTS)

11:00am: BARELY OFF-TOPIC, and PERSONAL: "Conversations Between the Bars" - Vote For Best NAU Research Poster Presentations

"Conversations Between the Bars: The Criminal Treatment of Mental Illness In One Arizona Jail"

Everything has gone virtual over the past several weeks. But, this one actually makes sense. Through this coming Friday, all of us can click on links and peruse poster presentations from NAU students who have researched a wiiiiiiide variety of topics. On some of them, you can even listen to the student give a 3-minute explanation of the research.

I may be biased, but the presentation by one of my daughters is the best. At least, after virtually walking through the poster gallery, I can safely say that it is one of the most germane to both Arizona's Politics and Arizona's Law!

Here is the link to her temporarily-halted research on the experiences of persons with mental illness in a northern Arizona jail - from the perspectives of former inmates and those who work there. She lists some potential improvements that could be made.

At this link, you can read the poster and listen to her explanation, and then you can vote for the "People's Choice" award. (They will separately be judged by faculty, etc.)

Here, you can peruse the gallery of some 900(!) posters, although it looks like most did not record a shpiel.

I cast my vote for "Conversations Between the Bars". But hey, you make up your own mind!

(And, if you have any questions/comments/suggestions that might improve her study when it resumes, I'd be happy to pass them on. Email me at "Paul @ ArizonasPolitics .com".)


If you would like to show your appreciation for Arizona's Politics reporting, please consider donating to our pool to support OTHER journalism-related nonprofits. http://bit.ly/AZpDonate 

We welcome your comments about this post. Or, if you have something unrelated on your mind, please e-mail to info-at-arizonaspolitics-dot-com or call 602-799-7025. Thanks.

Monday, April 20, 2020

AZ State Rep. Shawnna Bolick Facing Court Charges She Filed "False" Papers, Using Mail Drop Instead Of Residential Address; Seat Targeted By National Dems (READ, Complaint)

UPDATE, 4/29 at 4pm: Superior Court Judge Scott McCoy heard oral arguments this afternoon on whether Rep. Shawnna Bolick's nomination papers are false papers that should disqualify her from being placed on the August and November ballots. Judge McCoy took the matter under advisement.

The parties stipulated to the facts of the case - which are presented below - and agreed that the issue is purely a legal one. Representing Bolick, attorney Kory Langhofer noted that he had argued to the Arizona Supreme Court four years ago that using a private post office box in place of the required "actual residence address" was disqualifying. He lost that argument then, Langhofer stated.

Langhofer also noted that Bolick is also in the position of having a right to keep her address confidential because she is married to Supreme Court Justice Clint Bolick, and that she should not have to invite bad things to happen to her family. Attorney Jim Barton retorted that the Representative knows how to apply to the Court to shield her address from public record and that she did not make any attempt to do so here.

***

One nomination challenge filed in Maricopa County Superior Court today might draw national attention. Incumbent State Rep. Shawnna Bolick (R-LD20) finds herself as the defendant today, primarily for using a UPS Store mailbox instead of her actual residential address on her nomination papers and petitions.

The challenge was filed by Judith Lohr, who is represented by Jim Barton, an attorney well-known for representing labor and Democratic interests.

If Bolick is knocked off of the ballot, her seat would be very likely to flip to the Democrats. Fellow incumbent Anthony Kern and newcomer Democrat Judy Schwiebert would be the two candidates on the ballot, unless someone collects enough signatures to make the ballot as an independent. The top two finishers in November are the Representatives for the north Phoenix district.

The nomination paper requires an "actual residence address" and a certification that the information is true and correct. The petitions that she circulated also require the "actual residence address". Bolick used a UPS Store mailbox on Bell Road on those papers, although she lives elsewhere. (Edited to eliminate the name of the street that the recorded documents show she lives on.)

Bolick is married to Clint Bolick, a Justice on the Arizona Supreme Court. As such, he - and presumably, she - are entitled to keep their residential property information confidential. However, there is a (confidential) court process to accomplish this and documents recorded earlier this year indicate that they have not availed themselves of those statutory rights. (And, just using a mailbox store would not be the proper way to exercise that necessary right, either.)

LD20 is one of three State House districts where local and national Democratic groups have indicated that they would focus their efforts. (The other two are LD17 and LD6.) If the Democrats flip two of the three, that would give Democrats control of the State House for the first time in many years.

A trial on the challenge is scheduled for next Wednesday.

Arizona's Politics has asked Rep. Bolick for a response and will update as needed.

For a look at the rest of the election challenges filed in Maricopa County Superior Court in the past week, please click here.

To read the Complaint filed against Rep. Bolick, please visit our sister site, Arizona's Law.






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HEADED TO COURT: Corporation Commissioners On the Hot Seat; Court Challenges Against Arizona Candidates

We are keeping track of the court challenges filed against various statewide and local candidates. Today is the deadline for the challenges to be filed, and common challenges are against the validity of petition signatures or residency.

Updated as of 4:30pm, on Thursday. H/t's to Lisa Marra (Cochise County Elections Director), Brad Carlyon (Navajo County Attorney's Office) and Stephen Richer for providing additional cases. We will update tomorrow with cases from YOUR county, IF you email them to me! (Paul @ ArizonasPolitics.com)

The Republican primary battle for the Corporation Commission seats are currently the ones to watch, with David Farnsworth, Boyd Dunn, and Nick Myers all on the hot seat. That is three of the six Republicans who filed for the three seats up for election.

Another interesting case to watch was filed this afternoon, and aims to remove incumbent Republican Shawnna Bolick from the ballot in the LD20 House race. If successful, this would leave only fellow GOP incumbent Anthony Kern and newcomer Democrat Judy Schwiebert on the ballot for the two seats. The case is filed by an attorney known for representing labor and Democratic interests, Jim Barton.

A case filed late this afternoon is one filed by PIO for former Sheriff Joe Arpaio, Chris Hegstrom. Arpaio is trying to regain his Sheriff's badge, and Hegstrom is challenging the petitions filed by Mike Crawford, a Glendale police officer. Hegstrom filed without an attorney.





If you need further information about any of these cases, feel free to drop us an email (Paul@ArizonasPolitics.com).

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Friday, April 17, 2020

UPDATE: Enter the Appeal - Initiative Groups Ask 9th Circuit To Permit Online Petition-Gathering

The two initiative groups which lost their bid to force Arizona's Secretary of State to permit online signature-gathering in light of the pandemic social distancing orders have quickly appealed to the 9th Circuit Court of Appeals.

U.S. District Court Judge Dominic Lanza ruled against Arizonans for Fair Elections and Healthcare Rising AZ on Friday, saying that the Arizona Constitutional provision requiring initiative signatures to be gathered "in the presence of" a circulator cannot be ignored, even as the state has an E-Qual online system for digitally signing candidate petitions.

The groups wasted no time in filing the appeal this morning, a good move considering that the deadline to turn in more than 237,000 valid signatures is (still) July 2.

As noted in the original article, a separate effort by other groups circulating initiative positions is in front of the Arizona Supreme Court and is headed for a likely decision near the end of this month.


***
Late this afternoon, U.S. District Court Judge Dominic Lanza dismissed an effort by two groups circulating petitions to force the state of Arizona to open up its online signature platform to allow the initiatives to gather signatures in light of the coronavirus pandemic.

A similar effort in state court is still outstanding.

Finding that the language of Arizona's Constitution - drafted more than 100 years ago - requires that the initiative petition must be a "sheet... signed in the presence of" the circulator must be respected.

"Enter the coronavirus," writes Lanza. It prompted plaintiffs to challenge the statutes written pursuant to the Constitution while not challenging the language of the Constitution itself. At the hearing earlier this week, Plaintiffs argued that opening up Arizona's E-Qual signature platform would substantially comply with the constitutional language.

Judge Lanza was not having it.

"Not only does this argument seem questionable, but Plaintiffs are effectively asking a federal
court to make a guess about an unsettled question of state law and then, based on that guess,
overturn a century-old state-law election rule. This outcome would be distressing from a federalism perspective and is precluded...."

Earlier today, the state of Arizona and the plaintiffs unloaded on each other in post-argument pleadings. The state asked Judge Lanza to refer the constitutional question to the Arizona Supreme Court if it was inclined to grant plaintiff's relief. "One cannot “substantially comply” with a (constitutional) requirement by obliterating it."

Attorney General Mark Brnovich explained it to Arizona's Politics/Arizona's Law this way: "We all share a common concern for public safety during this pandemic, but you can’t use a health crisis to disregard our state constitution. My job is to defend the law, and it is ultimately up to policymakers to decide whether they want to expand access to E-Qual, not the courts or the Secretary of State.”

The separate action already in front of the Arizona Supreme Court will likely be decided near the end of April.

More than 237,000 valid signatures turned in before July 2 are required for an initiative to be placed on the November ballot, and more than 356,000 for a proposed constitutional amendment petition.

The coronavirus response has made it extremely difficult to collect sufficient numbers of petition signatures.

The Court's Order is posted on our sister site, Arizona's Law.


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Wednesday, April 15, 2020

GOTTA LEVEL: It's Easier Than Ever To PEVL! (Easy ways to register to vote, update your address, sign up for PEVL, etc.)

In these uncertain times, there is no reason not to request to be on Arizona’s Permanent Early Voting List (aka “PEVL”). You will receive an early ballot that you can then mail in. (BONUS: If you then prefer to vote in person, you can still do that, instead. You simply keep your options open.)  

Here are some of the many ways that YOU can join the list today!

1) Service Arizona! This statewide government service mostly known for helping with vehicle registration and Motor Vehicle Department stuff is now a great place to go to make sure you're registered to vote AND receiving a ballot in the mail. This link goes right to their voter registration start page. 

It was not easy to get the MVD system working so well with the counties' voter registration databases and the Secretary of State's Office. In fact, court battles were fought to make this happen. Take advantage of it.

2) Secretary of State's portal to request early ballot, from every county. This went live in May, after many of the options below were compiled. Very convenient.

3) Maricopa County Recorder's: The Recorder's Office has made it even more simple to check to see if you are already on their PEVL. If you are not, here is a fillable form that you can then print out and mail in. (If you live outside Maricopa County, you could probably use this form and mail it to your own County Recorder's Office.)

4) Pima County Recorder's: This form is not fillable, but it is easy enough to print out, fill in and mail back. In fact, print it out double-sided, fold it over (tape it to seal) to protect your private information and you do not need to use one of your hoarded envelopes.

5) Pinal County Recorder's: Here is their fillable form for you to mail in.

6) Your County Recorder's website. Here's a list of contact information.

7) Voter registration form! If you haven't yet registered or need to change your registration, and you're having trouble logging in to Service Arizona, print out this Voter Registration form and mail it in to YOUR County Recorder's Office. (Sorry, the form is not fillable.)

Have any questions? We're happy to help. Email us (info-at-ArizonasPolitics-dot-com) or direct message us on Twitter (@AZs_Politics).



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UPDATE: Schweikert Legal Fees For Ethics Investigation Near $1 Million Mark, 69% Of Contributions Go To Bills

The 2-year investigation into ethics violations by Arizona Rep. David Schweikert continues to take its toll on his campaign. More than two-thirds of the monies he raised in the last quarter of 2019 went to paying legal debt, and he incurred nearly $77,000 in new bills from four different law firms.

Schweikert's campaign has now racked up $985,932 in legal fees since the investigation began. The House Ethics Committee is continuing its investigative work behind closed doors into a multitude of alleged violations. Schweikert (R-CD6) has long stated that the ordeal surrounding minor allegations was on the verge of being wrapped up.

To make matters worse, a sixth law firm began billing the campaign this year. It is unclear from the campaign's FEC filing today how Ashby Law is now involved.* The legal bills this quarter were higher than the $57,011 received in the previous quarter, but are still less than any other full quarter since the investigation ramped up in the latter half of 2018.

Schweikert raised $220k during the first three months of this year, but paid out $273k. His cash on hand thus dropped to $226,287. And, that number is further reduced by the nearly $100,000
($98,494) in outstanding debts.

His committee's "net worth" on March 31, 2020 was $127,793. That compares unfavorably to the $1,145,000 net worth of Democratic challenger Hiral Tipirneni, and several of the other Democratic candidates may also be close to besting Schweikert's numbers.

The investigation of Rep. Schweikert initially seemed to be principally concerned with his former Chief of Staff, Oliver Schwab. However, it broadened even after Schwab left the office, and also includes "omitted required information from annual personal financial disclosures and from his periodic campaign finance reports."

Since the committee began incurring legal fees in the second quarter of 2018, 55 cents of every dollar contributed to the campaign has gone to pay the attorneys. In 1Q20, the number was actually 69 cents of each dollar**








*Holtzman Vogel is the law firm believed to be representing the campaign committee and/or the Congressman, while Holland & Knight has been counseling a group of six employees. Wiley Rein, Venable and Berke have all been paid by the campaign committee at one point or another.
**For the 2Q18 through the present number, we calculated the legal fees incurred divided by the total amount raised. $985,932/$1,799,911. For the 1Q20 number, we used the legal bills PAID by the total amount raised, or $152,288/$220,820. The difference is that the committee finally paid a large bill incurred in 3Q19, and we used the paid amount to show how the contributions received immediately went back out the door to the law firms.


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Friday, April 3, 2020

Sen. McSally's Call To Shut Down "Wet Markets" In China Echoed Today By Dr. Fauci (ARIZONA'S POLITICAL SHORTS)

12:30pm: In her telephonic town hall yesterday, Arizona Senator Martha McSally emphatically told listeners that China should not be allowed to re-open their "wet markets". Such a location is where the current pandemic is believed to have started.

Today, Dr. Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, made that call loud and clear. "It boggles my mind how when we have so many diseases that emanate out of that unusual human-animal interface, that we don't just shut it down. I don't know what else has to happen to get us to appreciate that."

McSally did indicate in the town hall that she had been on a conference call with Dr. Fauci earlier in the day. And, the subject of the wet markets was raised by fellow Senator Lindsey Graham (R-SC). Fauci reportedly called it a "crazy decision" to reopen them.

The wet markets are only one aspect of the pandemic response that Senator McSally has been devoting some of her attention to; in addition to the Arizona issues and the latest Congressional rescue package, she also has set her sights on forcing China to forfeit $1T worth of U.S. Treasuries and calling for the diretor of the World Health Organization to resign for "parroting" and "praising" China.


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BREAKING: SuperPAC Starts Hitting McSally On Fox News For Early Covid-19 Remarks, CDC Vote (WATCH AD)

An anti-McSally SuperPAC begins airing a new ad on CNN and Fox News tomorrow, hammering the Arizona Senator for her March 6 remarks that not going on Spring Break would be "too much of a panicked reaction."

The 30-second spot from the union-backed committee starts airing tomorrow, with a "five-figure buy". (The ad is embedded below.) It follows their distinctive early January effort that featured a "McSally's" burger joint with yellow arches. The SuperPAC's full name is Middle Class Fighting to Restore Arizona’s Unity and Decency, although it goes by its acronym.

In addition to the Spring Break remarks, the ad focuses on a vote she cast in the House in 2017 that would have cut $1B from the CDC's budget, and it juxtaposes it with her telling a TV interviewer this year that "we've increased funding to the CDC and the NIH over the last couple of years."

Arizona's Politics has asked the Senator for a response and will update this article as warranted.



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