Initiative Groups File Lawsuit to Allow for Online Signature Collection

by | Apr 13, 2020 | Uncategorized

In an effort to save their failing ballot measure campaigns, a coalition of liberal organizations have gone to state and federal court to be granted the ability to collect initiative signatures online. Among the groups looking to change the signature collection process are proposals to double the state income tax, increase taxpayer funding for political campaigns, enact same day voter registration on election day and roll back school choice options for parents and students.

Their main argument is that the Covid-19 pandemic was an unforeseen circumstance that requires special relief and that since online signature collection is allowed for candidates, a similar process must be provided for ballot measures as well. Neither argument holds merit and should be rejected by the court.

Their lawsuits assert that under the current social distancing/shelter-in-place requirements, it is not possible for them to safely acquire the necessary signatures prior to the filing deadline in July. That may or may not be true, but if lack of time is truly an issue that is a problem that they created for themselves.

No one disputes that collecting the minimum signatures required to qualify for the ballot is a tall task (237,645 for statutory measures, 356,467 for constitutional changes), which is why the constitution provides 20 months to anyone looking to submit an initiative to the ballot.  That is more than enough time to gather signatures and to plan for any unforeseen circumstance, including a pandemic.

Instead, most of these groups decided to wait until this spring to go the streets, ignoring the risk associated with such an approach. The court should not bail them out for choosing not to use the lengthy collection timeframes afforded to them under current law.

The other obvious problem with their request is that online signature collection for initiatives would violate the state constitution.  While plaintiffs and supporters of an online signature platform frequently cite that candidates can collect their signatures online, they ignore the fact that Article 4, Section 1 of Arizona’s constitution prescribes the signature collection process for ballot measures.

Specifically, the constitution requires that all signatures collected must be “attached to full and correct copy” of the measure, that every sheet is “verified by the affidavit of the person” circulating the petition, and that all signatures collected are “signed in the presence of an affiant.” For the court to allow such a process to occur would require a complete rewrite of the constitutional framework for initiatives that was drafted by our state founders.

Hearings on both cases are scheduled to be heard next week. Democrat Secretary of State Katie Hobbs, who likely supports all of the liberal ballot measures being proposed, announced that she would not defend the law and is ready and willing to create an online process for ballot measures.

Thankfully the legislature decided to step in and intervene to defend our election laws against this frivolous lawsuit. Additionally, Governor Ducey came out strongly against the suit and made it clear that his office would not use any of his emergency powers during the pandemic to provide relief. So now it is up to the courts to decide whether pandemics can be used as an excuse to ignore the rule of law.

Protecting Ourselves From Government Abuse During COVID-19 Pandemic

by | Apr 2, 2020 | Elections, News and Updates, Regulatory

It is difficult amid the chaos and unpredictability surrounding our Country’s new COVID-19 reality to think about what life will look like when this crisis subsides.  Yet it is during the most difficult of challenges when nations decide if they will surrender their fundamental values in exchange for the promise of security. 

Whether our leaders argue that drastic times call for drastic measures, the ends justify the means, or promise that everything will go back to normal after the crisis abates – it is imperative that there are voices questioning, “what will our Republic look like after the storm passes?”

Afterall, as reasonable or necessary as some measures appear to a fearful populace, many in our ruling class want to make sure to not  let a good crisis go to waste.

The New York Times recently highlighted several chilling examples of major constitutional and human rights violations being adopted in democratic nations with lightning speed and little resistance:

  • Right to Privacy – Infringement Through Draconian Surveillance: In Israel the Prime Minister has authorized tracking citizens through cellphone data they developed for counterterrorism efforts. They are tracing citizens’ every movements and can even throw people in prison for up to six months for defying isolation orders.
  • Right to Access the Ballot Box: Fair and free elections are a cornerstone of any democratic republic.  The “interim President” of Bolivia has suspended their presidential election, unilaterally seizing a longer term and denying citizens a basic right to choose their leader.  Hungary’s Prime Minister has legislation drafted that is likely to be passed which among many infringements also includes the ability for him to suspend all elections and referendums.  How his government ever peacefully wrest this power away from him again is left unanswered in the legislative package.
  • Freedom of the Press and Speech:  Several countries are violating basic free speech rights and persecuting journalists that publish “dissenting” or “false” information contrary to the government.  Hungary again is an offender, allowing the public prosecutor to imprison people for up to five years for disseminating what they consider false information. 
  • Right to Assembly: Our friends overseas in Great Britain sprinted out legislation that allows their ministries to ban pubic gatherings with little oversight as well as potentially detain and isolate people indefinitely.  In the United States, democrats pushed hard to include language in the COVID-19 relief package that would force non-profits and charitable organizations to disclose their donors, a practice that has been ruled unconstitutional by the US Supreme court in NAACP VS Alabama.
  • Right to a Speedy Trial and Habeas Corpus: Israel Prime Minister Netanyahu has shut down courts supposedly in the name of public health.  It also conveniently serves his own interests as he was scheduled to stand trial for corruption charges.  The United States’ Department of Justice has tried similarly dangerous tactics, requesting Congress give them the authority to indefinitely detain someone during an emergency as well as suspend court proceedings pre and post arrest and trial.

These infringements are hitting close to home in Arizona.  Shortly after the crisis began, several mayors unilaterally declared a state of emergency without notifying Governor Ducey or their fellow council members. Some used these powers to close businesses and limit hours, often with no consideration with how disruptive it would be for employers to comply with a patchwork of restrictions varying city to city.  

Even after Governor Ducey wisely stepped in and established a uniform policy for the entire state, Coral Evans of Flagstaff has willfully and publicly defied state law.  She has unilaterally closed city salons and similar services in obvious defiance of the Governor’s Executive Order which preempts cities from employing more restrictive orders than outlined by his administration.

The bottom line is that citizens need to keep a close eye on the trade-offs government officials will be asking us to make.  The fearmongering being stoked by some politicians should be looked upon with suspicion, especially when their solutions involve long term power grabs, endless bailouts or indefinite shutdown orders. As scary as Coronavirus may be, ceding our rights and freedoms to a permanent police state is a much bigger threat.

Managing the Coronavirus Crisis While Not Crashing Arizona’s Economy

by | Mar 27, 2020 | News and Updates

Entering the second week of forced closures and social distancing to mitigate the spread of Coronavirus, Arizona small business owners and employers are doing their best to cope with the economic shutdown. It appears most in Arizona are following the restrictions enacted by State and local government and, in some cases, sacrificing their lively hoods in the hopes that this will stop the spread and save lives.

Unfortunately, many employers and employees will not survive much longer under the current shutdown. Over 3.3 Million people have already filed for unemployment, a catastrophic figure that will continue to rise over the next couple of weeks. We are reaching the point that a serious discussion needs to occur on how and when we reopen our economy in a safe and practical way.

Despite what some have suggested, having a discussion on the dangers of a long-term economic shutdown is not immoral or some ploy by selfish corporations or the rich wanting people to die in the pursuit of money. The truth needs to be said: if a shutdown continues much longer the US economy will descend into a depression that will threaten every facet of our lives and bring immeasurable pain, suffering and death to countless Americans.

The damage will be permanent and it will affect everyone. Thousands of businesses will be gone. Tens of Millions unemployed, many of which that were living paycheck to paycheck. Life savings wiped out.  Supply chain disruptions and rationing of basic goods and essential services. Widespread hunger and homelessness. Increases in suicide and social disorder as local and state governments buckle from a collapsing tax base.

And anyone that thinks that the Federal government can step in and provide for the masses during a shutdown, think again. For some perspective, Congress is close to passing a $6 Trillion Dollar Coronavirus aid package, $4 Trillion of which will be liquidity provided by the Federal Reserve. This is an obscene amount of money, much larger than any spending bill passed in US history. Yet that amount equals roughly only 3 Months of US GDP. Suffice to say, if our economy remains in hibernation for too long it will be the Federal Government in need of a bailout.

Some of our elected leaders appear to understand this, despite the insane pressure from various groups to ignore all economic consequences for their actions. Governor Ducey has taken reasonable steps to try to balance concerns between mitigating the epidemic and our economic survival. His executive order provided broad guidelines to allow some businesses to safely operate while working with Hospitals and medical professionals to ramp up for any potential outbreaks. His order also stopped local governments from setting up their own lockdown restrictions, a much needed intervention to prevent a patchwork of different social distancing standards throughout the state that would have been impossible for businesses to comply with.

Unfortunately, some politicians are using the crisis to sow panic and fear throughout the state for political purposes. The biggest offender is Senator Kyrsten Sinema. Earlier this week she partnered with Chuck Schumer and Nancy Pelosi to block the Coronavirus relief package in an attempt to lard it up with unrelated liberal policies. Now there are reports that she is holding discussions with business leaders in the state and providing them with apocalyptic scenarios about having to accept another great depression.

Putting our country into a depression is no way to handle any epidemic and will only make the situation worse. South Korea has contained the outbreak and they did this without any widespread lockdown. There is no reason that the US cannot do the same.

President Trump is right. We need to start thinking about when we start working again. A goal of Easter may be ambitious, but that should be a date political leaders in Arizona strive for to start opening up our economy. Arizona will prevail in this fight, but only if we ensure that we don’t destroy the economy in the process. 

Arizona Covid19 Update: State Budget and Executive Orders

by | Mar 26, 2020 | Misc, News and Updates

Amid the chaos of the Covid19 pandemic, Arizona lawmakers have proceeded with conducting the state’s business.  Monday March 23rd, the legislature officially passed an $11.8 Billion budget as well as a targeted Coronavirus relief package.  They then adjourned until April 13th or until the President of the Senate and Speaker of the House call them back to reconvene.

The “skinny budget” that passed was a simple baseline budget with a small amount of growth baked into the formulas in order to keep agencies operational.  There were no ornaments on this Christmas tree.

In fact, though it seems like everyday a new bit of disheartening news breaks, the state’s unusually trim budget is definitely a silver lining.  This is likely the most conservative budget passed by the legislature in a decade.  Considering all the big government bills, special interest tax credit programs, and local pork projects that were moving through the system and were likely to be packed into the budget – passing a skinny budget was a win for taxpayers.

In addition to finalizing the budget, lawmakers also passed two bills to address specific issues with the Coronavirus – closure of schools and unemployment benefits.  The bill related to public school closures included provisions to not require schools to make up for normally required days, extending state-wide assessment deadlines and requiring districts to continue to pay their employees through the crisis.  The bill for unemployment benefits was an emergency measure that allowed the state to establish alternative unemployment insurance benefits for people specifically impacted by COVID19.

The budget and these bills now sit on the Governor’s desk and await his signature.

Meanwhile, the executive branch has been coordinating with the Department of Health on policies to curb the impacts of COVID-19.   Here are some of the steps their administration has taken sequentially:

  • March 11th – Governor issued Executive order declaring a State of Emergency.  The order allowed ADHS to waive licensing requirements for healthcare officials, allowed the state to access emergency funds and gave the state emergency procurement authority.  It also required insurance providers to cover out of network providers for tests and treatment of COVID-19.
  • March 15th – In conjunction with Kathy Hoffman the Superintendent of Public Instruction, ordered the closure of all schools.
  • March 17th – Issued new guidelines for restaurants, child care providers and nursing homes for social distancing and recommended gatherings of more than 10 people be cancelled or delayed.
  • March 19th – Activated the National Guard to assist grocery stores and food banks.
  • March 19th – Issued three Executive Orders: 1. Delaying requirements to renew drivers licenses and permits by 6 months (September 1, 2020); 2. Required the closure of bars, movie theaters and gyms.  The Order limited the operations of restaurants as well as gave them the ability to deliver alcohol off premises; 3. Required the delay of elective surgeries to conserve personal protective medical equipment.
  • March 20th – Executive Order expanding access to unemployment benefits to individuals impacted by COVID-19.  The Governor’s office also extended the filing deadline for state income taxes to July 15th, mirroring the extension at the federal level.
  • March 20th – Extended the closure of all schools by another 2 weeks; through April 10th.
  • March 23rd – Executive Order issued to preempt cities and towns ability to supersede the Governor’s emergency protocols including closures of businesses.  He also defined which entities and businesses and government services would be considered “essential.”
  • March 24th – Exempted Certified Registered Nurse Anesthetists (CRNAs) from federal regulations requiring them to be supervised by a physician.  This has been an issue debated at the legislature for the past several years.
  • March 24th – Executive Order delaying evictions for renters specifically impacted by COVID-19.
  • March 25th – Expanded telemedicine services and prohibited regulatory boards from requiring in-person examinations prior to the issuance of prescriptions.

Many of the executive orders issued represent vast deregulatory strides.  Issues that have been highly contested for years such as expansion of telemedicine, allowing prescriptions to be issued without an in-person examination, and the waiving of licensure for medical professionals outside of the state are being swiftly implemented out of necessity.  Despite the unfortunate circumstances that have precipitated these changes, they are a benefit to the state and to Arizonans.  These regulatory roll backs and a lean state budget are a few silver linings for which we can all be grateful.

Senator Kyrsten Sinema Pushes for Liberal Wish List in Coronavirus Relief Package

by | Mar 24, 2020 | Misc, News and Updates

Over the weekend Republicans and Democrats in Washington were working toward an agreement on a Coronavirus relief package to assist businesses and employees being hammered by the economic shutdown. A bipartisan deal was close until at the last second Democrats moved to block the legislation, followed by an announcement by House Speaker Nancy Pelosi that she would be drafting her own package.

The reason for the opposition? Democrats are trying to use the bill to pass their wish list of radical reforms! Some of the demands from democrats include:

  • Mandated Climate Change Studies
  • Increased fuel emission standards for airlines
  • Diversity reporting for corporate boards
  • Expanded collective bargaining power for unions
  • Same day voter registration
  • All mail-in elections
  • Elimination of all debt at the post office
  • Retirement plans for community newspaper employees
  • Study on all climate change mitigation efforts by all businesses benefiting from the legislation

Looking at this absurd list of demands from Pelosi and Schumer brings clarity to what House Majority Whip Rep. James Clybern meant when he said that the Coronavirus crisis, “is a tremendous opportunity to restructure things to fit our vision.”

They don’t care that none of these items help patients, hospitals or the regular person currently sitting at home waiting for this to end. They see an opportunity to exploit the process and will try to bully Trump and Republicans into accepting their demands.

Make no mistake, every democrat sees this as a political opportunity to implement the Bernie Sanders plan, including Senator Kyrsten Sinema. Earlier this week she joined the democrats in blocking the Coronavirus relief package and then tried to spin it to be about providing enough help to small business and the health care community.  How exactly does eliminating the debt at the Post Office and mandated diversity on corporate boards keep small businesses open?  How does implementing the Green New Deal help hospitals fight Coronavirus?

It was a shameful display and exposed every Democrat in Washington. They may talk about the need to fight the current crisis, but when it came time to act it turns out that expanding union power clout is more important to them. Even Sen. Sinema was seduced by this power grab and went along.

Republicans have rightfully excoriated Democrats over their antics, and so far have not given in to their demands. They must hold firm—the public will understand why they are rejecting the liberal wish list and will hold them accountable. Not even the compliant media will be able to save them—although they will try.