by admin | Aug 31, 2023 | Elections, News and Updates
The federal government and state governments across the country should be doing everything they can to ensure election integrity going forward. Over the past few years, the Arizona legislature has taken this to heart. But the Left has been fighting against every legitimate election reform that comes from conservatives. Not only are they filing lawsuits in court, but they’ve been deploying a new tactic that threatens the First Amendment.
Lawsuits Against Election Integrity Bills
In 2021, the Arizona legislature passed, and then-Governor Ducey signed into law SB 1485—a law designed to clean up Arizona’s early voter list. Then in 2022, state lawmakers followed that up with HB 2243 (to ensure regular voter list maintenance) and HB 2492 (to ensure that only U.S. citizens are voting in our elections).
These are commonsense laws that everyone should be able to get behind, but the Left gave up commonsense years ago. So, multiple groups including the Biden administration, the Democratic National Committee (DNC), and a consortium of liberal organizations filed two separate lawsuits against these bills—one over SB 1485 and the other over HB 2243 and HB 2492. Both cases are currently in district court, and the good news is that no injunctions have been issued. That means all these laws remain in effect. But the Left isn’t satisfied with just filing lawsuits. Instead, they have deployed a new strategy to target conservative groups.
A Fishing Expedition to Harass the Club and Other Conservative Organizations
While the Free Enterprise Club is not a party to either lawsuit, we have now been served with two subpoenas (here and here) demanding that we hand over all documents, communications, legislative correspondence, and lobbying strategy. On top of that, they want information related to any election activity and expenditure information from the last six years. And they didn’t just stop with a subpoena to the Club. They also issued a subpoena to Club Vice President Aimee Yentes. It’s outrageous, but not completely surprising—the Left has been deploying this lawfare tactic around the country.
The last couple of years, liberal groups and the U.S. Department of Justice have started serving dragnet nonparty subpoenas on conservative organizations to see what private information, if any, they might be able to pry loose. In one circumstance, they went after a group in Alabama called Eagle Forum, a small nonprofit with only one full-time employee and one part-time employee. So why is the Left going after Eagle Forum? Because the group dared to exercise their constitutional rights to stop gender altering “medical treatment” to minors.
These attacks from the Left on conservative organizations and the First Amendment are out of control. That’s why the Club is fighting back. With the help of the Goldwater Institute, we have filed a motion to quash the first subpoena and will be doing the same with the others. The Left cannot be allowed to bully groups into surrendering personal information or strategy documents. And they certainly should not be allowed to attempt to trick a judge into enforcing their ridiculous subpoenas against private groups that are not even a party to the litigation. It’s a dangerous abuse of power, and if the Left is allowed to get away with it, it’s a direct threat to the future of the First Amendment.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
by admin | Aug 24, 2023 | Elections, News and Updates
The people of Arizona deserve elections that are both accessible and secure—where it is easy to vote and hard to cheat. It is the duty of the legislature to pass bills that ensure this, the Governor to sign those bills into law, and the Attorney General to enforce those laws.
But the Secretary of State’s role is different. This elected official is supposed to provide an Elections Procedures Manual (EPM) that provides impartial direction to county recorders to ensure uniform and correct implementation of election law. But just like his predecessor in this role before him (now-Governor Katie Hobbs), our current Secretary of State Adrian Fontes has filled his EPM with unlawful provisions. (Maybe Adrian Fontes just really likes the possibility of being sued.)
Fontes’ EPM Is in Direct Conflict with HB 2492
Only U.S. citizens should be voting in our elections. That’s why the Arizona legislature passed, and then-Governor Ducey signed into law, HB 2492 in 2022. This law cracks down on state voter registration applications that do not include proof of citizenship. It requires counties to check multiple databases for evidence of citizenship when an individual submits a federal application without proof. And it requires counties to reject those federal applications if they find evidence that the individual is, in fact, not a U.S. citizen. Additionally, it makes proof of citizenship a requirement to vote early by mail in any election and to vote in Presidential elections.
All of this is intended to safeguard our state’s voter rolls, and as Secretary of State, Adrian Fontes should be producing an EPM that is consistent with this law. But Chapter 1 of his EPM draft is riddled with provisions that are in direct conflict with the requirements enshrined by this duly enacted bill. And that’s not the only problem.
The EPM Draft Conflicts with New Voter Maintenance Laws
In 2022, the Arizona legislature also enacted several new requirements—like HB 2243—to ensure regular voter list maintenance is completed by counties in a uniform, nondiscriminatory manner so that only qualified voters are actively registered to vote. But once again, Fontes’ EPM contains provisions that conflict with the requirements under these new laws.
For example, in one footnote in the drafted EPM, Fontes aims to prohibit counties from using the SAVE database for any list maintenance purpose. But this conflicts with A.R.S § 16-165(I) which requires the county recorder to compare those who are registered to vote who have not provided satisfactory evidence of citizenship with the SAVE database.
Then, there’s the issue of the Active Early Voter List. In 2021, lawmakers passed, and then-Governor Ducey signed into law, SB 1485. This law requires county recorders to remove any voters registered on the Active Early Voter List who have not cast a ballot during two consecutive election cycles and have not responded to notification from the recorder that they wish to continue to participate. So, how does the EPM handle this? It simply ignores it, which as Senate President Warren Petersen pointed out perpetuates the issue of ballots being sent to homes of voters who may have moved or don’t want to participate in the process any more—therefore allowing an increased opportunity for ballots to get into the hands of unintended individuals.
Other Issues in the EPM
If those issues aren’t enough, Fontes isn’t done yet. His draft EPM doesn’t mention any provisions or procedures related to SB 1362, which was passed and signed into law in 2022 and establishes a framework for tabulating early ballots that are dropped off on election day. It directly conflicts with A.R.S § 16-127 which established that individuals who have not provided satisfactory evidence of citizenship are not eligible to vote in Presidential elections. And it conflicts with the plain language of A.R.S § 16-550 which requires the signature on the affidavit envelope for active early voters to be compared to the signature of the voter in the voter’s registration record.
The list of issues is plentiful, and we could go on and on. But it’s important to note that Fontes attempted to rush this version of the EPM through by deliberately shortening the typical public comment period from one month to two weeks in hopes that most of this wouldn’t get caught by the public. But the Arizona Free Enterprise Club was on top of it and submitted public comments on these issues and more before the shortened deadline.
Now, Adrian Fontes needs to take the necessary actions to fix the EPM and produce a neutral one that is consistent with state law. And if he doesn’t, the Arizona State Senate should follow through on its threat to take legal action against him.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
by admin | Aug 18, 2023 | News and Updates, Regulatory
For years, the Arizona Corporation Commission (ACC) has been the stomping ground for the left to push its Green New Deal Agenda. In fact, it was just over two years ago when the commission quietly released its plan to impose California-style energy mandates in our state. Their goal was to ban fossil fuels and require most electricity companies to provide “clean” energy by 2050. Thankfully, the commission voted down these energy mandates in January 2022. But that hasn’t stopped the left from trying to find other ways to exploit the ACC.
One of their latest efforts has centered on Tucson, where they tried to push Prop 412 to create a taxpayer slush fund for Green New Deal pet projects. After a concerted effort to fight back with facts and inform the people of Tuson about what Prop 412 would mean for them, it was defeated. But the left wasn’t done yet.
As part of its Green New Deal agenda, Tucson Electric Power (TEP) also asked the ACC for rate hikes to subsidize electric vehicles (EV) that strain the grid and increase the risk of blackouts. TEP has been offering owners of electric vehicles (and them only) special, low electricity rates. They also give EV owners an additional five percent reduction for certain surcharges, just for owning an EV. These artificially low rates are to encourage EV owners to charge their cars overnight because TEP worries that charging during the day will crash the grid and cause blackouts.
This is not only unreasonable, but it’s unfair. Non-EV owners should never be forced to subsidize the cost of EVs or pay for incentives that attempt to protect the grid from the strain EVs put on it.
That’s why Commissioner Nick Myers proposed several amendments to the proposed rate hike to roll back subsidies for EVs. And the Free Enterprise Club helped lead the charge to get several TEP customers to email and show up at the commission hearing to oppose the EV subsidies.
While TEP did end up getting a rate hike, eight amendments from Commissioner Myers were adopted, resulting in a reduced rate increase for TEP customers. Among the amendments adopted were:
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- An elimination of the unfair subsidy benefiting EV owners.
- A requirement to refund customers any unused Demand-Side Management Surcharge funds remaining after December 31, 2023.
- A modification of TEP’s rate plans to encourage off-peak vehicle charging.
Because of these efforts, the estimated bill increase for TEP customers will be lower than originally proposed. And that’s a big win for ratepayers. After all, if someone wants to own an electric vehicle, it is within their right to do so. But EV owners should be the ones responsible for paying for the costs associated with the necessary infrastructure improvements. And they certainly should be paying for any excessive demand placed on the grid—not getting discounted rates.
Now, ratepayers in Tucson will have a little less money taken from their wallets, and this victory is another example of why it’s so important to stay informed, get involved, and fight back.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
by admin | Aug 11, 2023 | Elections, News and Updates
Clean and accurate voter rolls are a cornerstone to safe and secure elections. And they are required by both state and federal law. Section 8 of the National Voter Registration Act (NVRA) specifically obligates states to conduct a general program that makes a reasonable effort to remove the names of ineligible voters from the official lists of eligible voters due to death or change of residence. The U.S. Supreme Court even backed this up in its 2018 decision in the case Husted v. A. Philip Randolph Institute.
But Arizona’s current Secretary of State Adrian Fontes and its former Secretary of State (now Governor) Katie Hobbs have failed to perform the necessary voter list maintenance. And right now, 14 Arizona counties are in violation of Section 8 of the NVRA.
Four Arizona Counties Appear to Have More Registered Voters Than Voting-Age Adult Citizens
A simple comparison of the data gathered from the U.S. Census Bureau’s 2017-2021 American Community Survey with the most up-to-date count of registered voters available from the Arizona Secretary of State is quite eye-opening. When you compare the registered voter count to the survey, it shows that Apache, La Paz, Navajo, and Santa Cruz Counties all have greater than 100% voter registration!
This means that in each of those counties there are more registered voters than eligible voters, and last time we checked, that’s impossible. Clearly, Arizona’s voter rolls are not being properly maintained, but this data alone isn’t the only cause for alarm.
Nine Arizona Counties Have Suspiciously High Voter Registration Rates
According to the Census Bureau, the current national voter registration rate is 69.1 percent. And Arizona’s voter registration rate was 76.4 percent in 2020 and 68.6 percent in 2018. Yet somehow, nine counties in Arizona currently have voter registration rates that exceed 90 percent of their citizen voting-age populations, including: Cochise, Coconino, Gila, Maricopa, Mohave, Pima, Pinal, Yavapai, and Yuma. On top of that, Graham County also outpaces the national voter registration rate with over 80 percent voter registrations.
If you’re keeping count, that means 14 of Arizona’s 15 counties have abnormally high—or in four particular instances, impossibly high—voter registration rates. Discrepancies like this can’t possibly be attributed to above-average voter participation. Instead, they are clear evidence of Arizona’s failure to provide accurate voter rolls, and something must be done.
Adrian Fontes Has 90 Days to Comply with the NVRA
Retaining voter rolls that are bloated with ineligible voters harms the electoral process, heightens the risk of election fraud, and undermines public confidence in elections. That’s why Arizona Free Enterprise Club President Scot Mussi, in partnership with the Honest Elections Project, sent a pre-litigation notice letter to Secretary of State Adrian Fontes earlier this week. Fontes is being given 90 days to correct the violations we identified and must remove anyone from the official voter list who is ineligible to vote in a county, including those who changed residence, died, or are presently incarcerated.
If he fails to comply, Fontes will face a federal lawsuit because having accurate voter rolls is imperative to conducting an election with integrity. And if Adrian Fontes is going to take his job as Secretary of State seriously, he must secure our elections and ensure that Arizona voters are confident in the results, regardless of the outcome.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
by admin | Aug 9, 2023 | Misc, News and Updates
The Arizona Free Enterprise Club is proud to release our 2023 Legislative Scorecard. Over the course of the 2023 legislative session, the Club tracked and engaged on more than 60 bills, resulting in more than 35,000 emails sent to lawmakers from nearly 15,000 activists across the state. Our 2023 scorecard (View House Scorecard and Senate Scorecard) includes votes taken on 25 bills in the House and 30 bills in the Senate that cover priority issues for the Club and grassroots conservatives.
This year presented a unique challenge. For most of the legislative session, the caucuses in the House and Senate were unified, and there was less bad policy that made it onto the floor for a vote in either chamber. That’s a good thing, but it does make it difficult to distinguish the views of members when there are fewer contentious votes. There were, however, a few key difference-making votes.
For example, the Club has long opposed refundable tax credits for corporations, and similar to previous sessions, this year the Senate voted on SB1562, increasing the refundability for a portion of the program and making the other portion of the existing nonrefundable R&D tax credit refundable. You can find out more about why we oppose this idea here. Additionally, the House Appropriations Committee voted to increase and extend the Club opposed Low Income Housing Tax Credit program, which you can learn more about here. Most impactful, however, was a Prop 400 plan opposed by the Club and supported by MAG that was passed the last day of session as SB1102. These bills had the largest influence on lowering scores in both chambers.
We also scored dozens of bills supported by the Club. This includes bills to strengthen the integrity of our elections, cut taxes, and protect children from sexually explicit materials, and referrals to the 2024 ballot that will limit the power granted to the Governor during a state of emergency (HCR2039), protect our primary elections (HCR2033), and protect our ballot against initiatives bankrolled by out of state special interests to put liberal policies on the ballot (SCR1015).
A full list of bills scored in this year’s scorecard can be found here, and the full methodology, including the weighting of each bill, for the House can be found here and for the Senate can be found here.
Given the rigorous criteria in the Club’s 2023 and past years’ scorecards, the top performing legislators distinguished themselves as faithful conservatives in the caucus. These members consistently fight for limited government, free market principles, low, smart, and fair taxes, and individual liberties. The Club Top performers in the Legislature who have earned a lifetime ‘A’ in 2023 included:
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- Representative Neal Carter (LD15)
- Representative Joseph Chaplik (LD3)
- Representative Justin Heap (LD10)
- Representative Laurin Hendrix (LD14)
- Representative Rachel Jones (LD17)
- Representative Alex Kolodin (LD3)
- Representative David Marshall (LD7)
- Representative Cory McGarr (LD17)
- Representative Steve Montenegro (LD29)
- Representative Barbara Parker (LD10)
- Representative Jacqueline Parker (LD15)
- Representative Michelle Peña (LD23)
- Representative Austin Smith (LD29)
- Representative Beverly Pingerelli (LD28)
- Representative Travis Grantham (LD14)
- Representative Gail Griffin (LD19)
- Senator Jake Hoffman (LD15)
- Senator Anthony Kern (LD27)
- Senator Janae Shamp (LD29)
- Senator Justine Wadsack (LD17)
- Senator Warren Petersen (LD14)
- Senator JD Mesnard (LD13)
- Senator Wendy Rogers (LD7)
You can view the 2023 Legislative Scorecard for the House here.
You can view the 2023 Legislative Scorecard for the Senate here.
Help Protect Freedom in Arizona by Joining Our Grassroots Network
Arizona needs to have a unified voice promoting economic freedom and prosperity, and the Free Enterprise Club is committed to making that happen. But we can’t do it alone. We need YOU!
Join our FREE Grassroots Action List to stay up to date on the latest battles against big government and how YOU can help influence crucial bills at the Arizona State Legislature.
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