Thursday, August 8, 2013

READ: Constitutionality Challenge of Arizona's New Judicial Merit Selection Statute Gets Some "Friends", Locally and Nationally (ACLPI, Brennan Center, Justice At Stake)

Both the Arizona Center for Law in the Public Interest ("ACLPI") and the national Brennan Center for Justice and Justice at Stake filed amicus briefs with the state Supreme Court yesterday, urging the Justices to declare a new statute governing the judicial merit selection process unconstitutional.

After the voters rejected a ballot measure to amend the Arizona Constitution to increase the number of names sent to the Governor for a particular vacancy, the Arizona Legislature passed - and, the Governor signed - a statute this year doing the same thing.

The ACLPI notes that the measure's sponsor, Rep. Justin Pierce, might be correct that the Arizona Constitution permits more names to be sent, they note that the voters definitely knew what they were doing when they soundly defeated the almost-identical measure the year before.

The brief from the Brennan Center and Justice at Stake lauds Arizona's existing judicial merit selection process. ("Arizona’s merit selection system is widely regarded as succeeding in
producing excellent judges.  In its guide for best practices in merit selection, the U.S. Chamber of Commerce’s Institute for Legal Reform identifies Arizona as“lead[ing] the nation with the procedures it has put in place to fulfill the promise of true nonpartisan ‘merit’ selection.")  It suggests that allowing the new law to stand would undermine that process and violate the separation of powers (between the judicial and the legislative branches).

The state (and any amici interested in responding to the new briefs) have until next Thursday to file their responsive briefs.  The Supreme Court will then decide, without oral arguments, on August 27, whether or not to grant the special action petition and determine the case.



 


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Tuesday, August 6, 2013

WATCH: McCain: Egypt "Coup", Walks Like A Duck, Talks Like a Duck

While President Barack Obama was in the (wet) Arizona desert, Arizona Senator John McCain was in the Egypt desert.  He (and colleague/BFF Sen. Lindsey Graham) traveled there after a discussion with the President last week.  McCain spoke with reporters, talking of his meetings and urging Egypt's military to permit the democratic process to resume.

Here is some video (from CNN) of his news conference.  Reporters pressed him on his definition of a "coup".  Eventually, according to Politico, McCain said, "“I’m not here to go through the dictionary. If it walks like a duck and quacks like a duck, it’s a duck,” McCain said.




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READ: GOP Needles Rep. Sinema For Not Being On Stage With President; Sinema's Statement

Arizona Rep. Ed Pastor (D-CD7) was apparently the only Representative (out of the five Democrats) to accompany President Obama to his speech at an Ahwatukee high school today.  The National Republican Congressional Committee ("NRCC") anticipated this, putting out a release needling Rep. Kyrsten Sinema (D-CD9) - who represents the district in which the President spent his brief visit.

The NRCC (full post below) tried to make some hay out of the non-appearance of Sinema, and other swing district Democrats Ron Barber (D-CD2) and Ann Kirkpatrick (D-CD1), listing "6 Places Arizona Democrats Would Rather Be Than On Stage With President Obama".  The list included Washington, Rocky Point, and MSNBC.

Sinema did release a statement yesterday (text below the jump), saying she "hope(s) he will listen closely to what families in our community say and offer concrete and commonsense proposals to ensure families can realize the American dream of homeownership."  Her calendar was open.

Obama focused on homeownership today.


Namesake of Chandler Construction Co. Being Visited By President Obama Staunch Republican

President Barack Obama is currently in south Chandler, visiting Erickson Construction Co.  He may be holding a small fundraiser there, too.  The Erickson in Erickson Construction Co. is a solid Republican supporter, with he and his wife sending $2,000 to the Republican National Committee in the weeks before Obama's election in 2008, and supporting Arizona GOP candidates for Congress.

The Ericksons have apparently sold the company that bears their name.  However, before and after that, they have contributed to former and current Reps. Matt Salmon and J.D. Hayworth, the presidential campaigns of Bob Dole and George W. Bush, and the RNC.






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Friday, August 2, 2013

WATCH: DiCiccio Begins Airing POSITIVE TV Ads In Contentious City Council Race (with Transcript); Ad Buy 1/4 Of Fire Fighters' Opposing Ad

Phoenix City Councilmember Sal DiCiccio began airing his first re-election television ad today, and - notwithstanding the negative tone of the campaign and the currently-airing fire fighters' union's ads opposing him - DiCiccio's ad is conspicuously positive.

The ad is a straightforward recitation of what DiCiccio considers to be his greatest accomplishments during his tenure on the Council.  The transcript (as transcibed by Arizona's Politics) is below.

Documents filed by KPNX (Channel 12) with the FCC (Federal Communications Commission) indicate that the total market ad buy will be for $64,250.  That is almost exactly one-fourth the size of the ad buy by Phoenix Truth and Safety ($231,000).

Early voting began yesterday, and the ads are scheduled to run up to Election Day on August 27.


TRANSCRIPT:
Sal DiCiccio, a fiscal conservative who led the effort to ensure there were no increases in water, sewer and property tax rates.  DiCiccio is the leading voice to end Phoenix's food tax, and voted against the $137 million dollar food tax for pay raise scheme.  Sal DiCiccio created a jobs program that earned him the endorsements from the Greater Phoenix Chamber of Commerce and small business owners.  Sal DiCiccio, protecting taxpayers by improving fiscal responsibility at City Hall.  Paid for by DiCiccio for City Council.



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Thursday, August 1, 2013

WATCH: Arizona Fire Fighters' Ad Against Phoenix City Councilmember Sal DiCiccio (Transcript)

Phoenix Truth and Safety has posted the 30-second ad that began running on Phoenix TV stations today, as first reported by Arizona's Politics.  The ad is sponsored by Phoenix Truth and Safety ("PTS"), a group funded and run by the Professional Fire Fighters of Arizona.

PTS plans to spend at least $231,000 on airing the ad (or, possibly multiple ads) between the first day of early voting (today) and election day (August 27).  The ad will air mostly during news and information programs.

It recites the hotly-disputed argument lines that PTS and opponent Karlene Keogh Parks have been trying to develop the last couple of months, including taking money from developers and lobbyists and steering the money to a non-profit that he controls.  The latter was the main subject of a lawsuit filed by DiCiccio opponents which was dismissed for being the incorrect venue.

The ad features members of police and fire fighter unions, with shirts identifying them as first responders.  The transcript is below.





TRANSCRIPT:  

--Why are we against Sal DiCiccio? He keeps attacking police officers and firefighters. (Graphic: "DiCiccio: Anti-Public Safety", citing "DiCiccio email blasts and social media posts, 2011-2013")
--Typical DiCiccio.
--He took more than $200,000 from lobbyists and developers. (Graphic: "Lobbyist-Owned", citing "DiCiccio campaign finance filings, 2009-2013, www.phoenixtruthandsafety.com")
--Then, he gave most of it to a company he controls.
--Typical Sal.
--Sal controls a bunch of land by the Loop 202.  He keeps trying to steer the new freeway there.  (Graphic: "In It For Himself", citing Arizona Republic, Ahwatukee Foothills News and video interview.)
--Typical Sal.
--We support Karlene Keogh Parks.  She's independent.  A real businesswoman.  (Graphic: "Police & Fire Support Karlene")
--She's in it for the right reasons. Not for herself.  (Graphic: "Karlene:  In It For Phoenix", identifying disclaimer)
--Please join us.  Vote Karlene Keogh Parks for Phoenix City Council.

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Governor Brewer's Personal Super PAC Raises Nearly Quarter-Million Dollars In 2013; Healthcare, Construction Big Contributors (FOLLOWING MONEY IN ARIZONA'S POLITICS)

Arizona Governor Jan Brewer refilled the treasury of her personal Super PAC in the first half of 2013, partly as a result of her decision to push for expansion of AHCCCS ("Arizona Health Care Cost Containment System, aka Medicaid).  Most of the $230,000+ raised this period was in $5-10,000 chunks.  A company looking to privatize Arizona's highway rest areas also helped her raise money.

Jan PAC began the year with $214,533.95 cash on hand, and she increased that to $328,786.76 as of June 30.  Of the amount raised, almost exactly half ($116,082.05) was spent on fundraising expenses - including continuing purchases of her own book from Amazon (approximately $1,370).

As opposed to the previous year's mix of big donor solicitations and small donor direct mail efforts, Jan PAC focused on a few big fundraising events around the country, with large gifts.  The Governor has the freedom to decide how to spend the money on independent expenditures; in 2012, she focused on mailers supporting Arizona Republican Congressional candidates.

Healthcare-related big donations (>$1,000) include:
--Blue Cross/Blue Shield of AZ, $5,000 on 1/17
--Vanguard Health, $10,000 on 2/19
--I-ASIS Healthcare PAC, $5,000 on 2/20
--Lifepoint Hospital PAC, $5,000 on 2/21
--Sanofi-Aventis PAC, $1,000 on 1/9

Energy companies have also been major benefactors:
--APS, $3,631.09 on 1/9 (including in-kind for event)
--Western Refining, $5,000 on 1/16
--Pilot Oil, $10,000 on 2/11 and 4/6
--HollyFrontier Corp., $5,000 on 4/24
--Kinder Morgan, 10,000 on 4/30
--Exelon, $1,250 on 4/20
--Southwest Gas, $1,000 on 1/15

Construction and industrial companies, several of whom do business with Arizona or are seeking to, include:
--Chanen Construction, $5,000 on 1/29
--Infrastructure Corporation of America, $16,435.41 on 2/19-23 (including event)
--M&M Industries, $5,000 on 2/20
--Tratt Properties, $2,500 on 4/22
--CEMEX PAC, $5,000 on 4/16

Infrastructure Corporation of America's major donation plus hosting an event is worthy of note.  ICA recently re-submitted an unsolicited proposal to the Arizona Department of Transportation to privatize rest areas along Arizona highways.  The proposal - submitted within weeks of the contributions - is currently under consideration as a possible public-private partnership (P3).

Copart, a national auto auction company with a location(s) in Arizona, founded by Willis Johnson, continues to be a large funder of JanPAC, donating $20,000 so far this year.  Political consultants also are big contributors.

(Note: JAN PAC has consistently declined to answer Arizona's Politics' requests for responses in the past; we will make an attempt today, too, and will supplement this article with any relevant information.)

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DiCiccio Self-Declared King Of "Unsustainable Pension System", Opponent Can't Spell Own Name, And More Fun With Editing Oversights In Contentious Phoenix City Council Race (ALL IN FUN)

Outtakes are one thing - they are unavoidable errors that are caught and re-done the intended way.  Both Phoenix City Councilmember Sal DiCiccio and his opponent in this month's hotly-contested election, Karlene Keogh Parks, have recently e-mailed out uncaught mistakes that are somewhat embarrassing.

DiCiccio's campaign sent out multiple e-mail missives yesterday, but the one that caught Arizona's Politics' eye is the one (not) citing my article on the TV ad blitz starting with today's opening of early voting.  The eye-catcher - perhaps because of the copy-editing experience in my past life - was in DiCiccio's explanation (that I was really interested in) as to why the fire fighters' union is spending several hundred thousand dollars opposing him.

The second reason DiCiccio gives is quote-worthy:  "I have consistently worked to reign in the unsustainable pension system and end the practice of pension spiking." (emphasis added)

The words "rain", "rein" and "reign" probably rank very high on the list of confusing homophone trios - maybe only falling behind "to/too/two" and "your/you're/yore" - but this error actually changed the meaning of what DiCiccio wanted to say to the opposite of what he was trying to convey.

Coupled with the fact that Keogh Parks has been attacking DiCiccio's city pension (from his previous stint on the City Council), and you have an even more unfortunate error.  (Copy of the e-mail below the jump.)

However, at least DiCiccio knows how to spell his (tricky) name.  Arizona's Politics has received not one, but too two e-mails from Keogh Parks misspelling her own name in the "To" space.  While many voters might want to spell her middle name with a "u" in the middle, she - and, her campaign personnel - should be over that tendency.  (Copy of the e-mail below the jump."

BONUS:  Since Phoenix Truth and Safety is a major player in this very contentious contest - with both the ads and the signs gaining attention here, in other media and from the voters - including them in this article is appropriate.  A sentence on their home page answering the self-posed question about "why Arizona's fire fighters oppose Sal DiCiccio" always gets a chuckle:   "It has never been the fire fighter way to fight."  True, fire fighters also try to prevent fires and to get everyone to help prevent fires; but actually fighting fires that do occur is a key part of the job description.

(link to the tricky lyrics)
(e-mails below the jump)