by admin | Oct 31, 2019 | Misc, News and Updates
After failing last year to
qualify a measure forcing disclosure of contributions to non-profit
organizations and eliminating donor privacy, Terry Goddard is back peddling a revised
iteration of “Outlaw Dirty Money.” This
time dubbed “The Voters Right to Know Amendment,” the proposal would change the
Arizona Constitution to require the disclosure of the “original source” of all
major contributions used to “influence Arizona elections.”
Major contributions are defined
as $5,000 or more in a single campaign, $20,000 for statewide campaigns or
$10,000 for all other campaigns in an election cycle.
The issue is easy to speak to on
a superficial level – convincing voters they have “a right” to know who is
spending in elections sounds appealing to people on the left and the right of
the political spectrum. However, lying
just below the surface are insidious motivations and consequences.
Coerced disclosure
Encourages Government Corruption
Predating the drumbeat for
private non-profits to publicly out the individuals who support them, there has
existed extensive campaign finance laws aimed to disclose the financial support
candidates receive who are running for public office. Money candidates directly receive is treated
differently than organizations because elected officials who are a part of the
government have a duty to reveal potential financial conflicts of
interest. More importantly, laws already
exist against corruption such as quid pro quos, bribes, and financial
fraud. These are the appropriate laws
that keep politicians honest. These are
the laws that effectively weeded out 7 Arizona lawmakers in the infamous
1991 AZSCAM scandal.
In contrast, individuals freely
and privately associating with organizations that share their common beliefs and
want to share their views with voters is not corruption. It is free
speech.
And protecting this right is
important given the track record of harassment and intimidation directed toward
individuals attempting to exercise their 1st amendment rights. This isn’t a theoretical argument; there are several
documented cases of private citizens being targeted for supporting a cause
or organization. One such example
occurred 61 years ago under National
Association for the Advancement of Colored People (NAACP) vs the State of
Alabama. In this case the state
was arguing they had “a right” to the membership list of the NAACP to determine
if the organization was doing business in the state. In the tumultuous throws of segregation, the
true purpose was for the government to create an “enemies list” of financial
contributors by which they could exert their coercive power and intimidate
members into abandoning the cause.
More recently, in 2015 the Wisconsin
Supreme Court ruled in favor of protecting every citizens’ First
Amendment right by determining a three year investigation by the state into
conservative groups was illegal. In the
commonly dubbed “John Doe” investigation, government regulators gnashing for
names of their political enemies actually ambushed non-profit leaders in the
early dawn hours at their homes, crashing into rooms where children slept in an
effort to find donor lists.
This is why transparency is only
a virtue when applied to government and privacy is a virtue when applied to
citizens. That’s why public record
laws only apply to government and not private citizens. Though the proponents of Goddard’s proposal
strive to confuse voters with seedy sounding language like “dark money,” they
cannot point to a single instance where knowing which individuals support what
political speech led to the uncovering of a violation of law or “corruption”.
HOWEVER, there are masses of real-life examples of similar disclosure laws
being used to attack, intimidate, and compel private citizens.
Goddard’s Initiative
Doesn’t Know What Laundering Means
Lastly, the “Voters Right to Know
Amendment” falsely equivocates laundering with the innocent and lawful act of
individuals giving money to non-profits and organizations with which they
align. As an attorney, Goddard should
know money laundering (which rightfully so is already a crime), involves
concealing money obtained illegally by transferring it through
legitimate businesses. This is an attempt by Goddard to implicate honest
individuals with a constitutional right to spend their money however they like
without the scrutiny of government. Imagining
every private citizen donor as a potential criminal with nefarious intentions
is just wrong. Not to mention
criminalizing anonymous speech is a perversion of justice – there are no
victims in non-disclosure– only victims when the right to privacy is violated.
At the end of the day, initiative’s
like Goddard’s are a dangerous threat to every citizen’s right to privacy, free
speech and association. It concentrates
more power into the hands of the government and erodes some of our most basic
democratic principles. Proponents have
flimsy intellectual arguments and catchy rhetoric – but behind them is
government target list and a loaded gun.
Hopefully, their third attempt to fool voters is equally
unsuccessful.
by admin | Oct 17, 2019 | Misc, News and Updates
The City of Phoenix is addicted to wasting millions of dollars on
antiquated train systems. So much so
that they are constantly looking for more people to subsidize the ever-growing
and inevitable rising costs.
Their new target? Phoenix
Sky Harbor patrons who Uber or Lyft to the airport.
Even though ridesharers have absolutely no need to take the Sky
Train at Sky Harbor, that hasn’t stopped city officials from implementing a 200 percent increase on the current $2.66
fee for them to pick up and drop off passengers.
Under the current proposal the Phoenix Council voted on October 16th,
passengers would see a $10 round trip cost increase by 2024, making Phoenix one
of the costliest airports in the country for residents to rideshare.
A fee to cover the rideshare companies’ impact on roads and curbs
is understandable. However, forcing
their customers to subsidize a train they don’t use is little more than social
engineering. Currently, many people find
it more affordable to uber to the airport than to park their car. The real goal of this policy: force people to
use the train by making the alternative less economically desirable. Afterall, if the issue was equity as argued
by proponents, elected leaders would require a fee on users of the Sky Train
not the ridesharers. Additionally,
rideshare patrons will get a discount off their fee if they use the Sky Train
to the 44th St Station.
Just like downtown Phoenix light rail, city officials are
constantly looking for creative ways to force people onto their trains to make
the millions they waste on a system people barely use look less like a
boondoggle.
by admin | Oct 3, 2019 | Elections, News and Updates
After the Arizona Free Enterprise
Club successfully advocated for initiative reform to crack down on circulator
fraud and abuse, groups have been manically organizing to file their ballot
initiatives before the new
law
took effect August 27th 2019.
Just eking in on August 26th
was an initiative funded by California big-union Service Employees
International Union-United Healthcare Workers (SEIU-UHW). SEIU is best known in Arizona for picketing
at hospitals as well as their failed attempt to qualify a ballot initiative in
2016 to cap hospital executives’ pay. The
political group formed to push the effort is “Healthcare Rising Arizona” which is
perhaps fitting considering the inevitable rising costs the passage of this
initiative would cause.
The unions plan to sell the
measure to voters by codifying in Arizona statute provisions of Obamacare that
prohibit discrimination based upon pre-existing conditions. Additionally, it would
address ‘surprise billing’ by prohibiting hospitals and ambulance services from
charging an out-of-network patient above what their in-network cost sharing is,
and mandates specified reimbursement rates for insurers to pay facilities,
ambulances and providers.
The reality is that protections
for pre-existing conditions and ‘surprise billing’ already exist in Arizona. In fact, two years ago Arizona lawmakers passed
legislation to create a dispute process for consumers who
receive a surprise bill.
So why would a California labor
union spend millions to run a campaign in Arizona to pass laws that already
exist?
The answer is the immediate 5
percent pay raise for all direct care hospital workers (including nurses,
janitorial staff and food prep staff) that would go into effect upon
passage. Although the proponents admit
these would be substantial costs that would likely be passed onto patients, it
is a convenient way to set the stage to put Big Union bosses in charge of wages
and benefits negotiations. Furthermore,
no data suggests that hospital workers are under paid; especially in Arizona
where cost of living is affordable.
Finally, the initiative would
increase regulatory burdens on private hospitals and require the Arizona Department
of Health Services to levy major fines for falling short. Increased red tape means higher
administrative costs getting passed on to the consumer.
If Americans and especially
Arizonans have learned anything from Obamacare it is that government intrusion
into healthcare complicates the system, increases costs, and decreases
choice.
Although there is still plenty of
time for proponents to collect signatures for the 2020 ballot, they won’t have
to comply with new commonsense requirements to qualify circulators and ensure
they’re not felons. It is likely
therefore that bad actors and paid union members will flood the streets for the
237,000 required signatures. Hopefully
voters will have a healthy sense of skepticism when approached with another
big-government solution to their healthcare.
by admin | Sep 23, 2019 | Elections, News and Updates
Frustrated by efforts to reduce
election fraud and initiative abuse, a coalition led by a petition gathering
firm and several Democrat operatives have decided to run
an initiative. Dubbed the “Democracy and Accountability Act,” their
proposed ballot measure would roll back several key election reforms, including
the current prohibition on ballot harvesting in Arizona.
For those not familiar with
ballot harvesting, this is a tactic used by labor unions and paid canvassers to
go door to door and collect early ballots from voters. Often, political
operations will go to apartment complexes or other high-density areas and ‘harvest’
ballots in key races, where a few votes might make a difference.
Ballot harvesting is incredibly
intrusive and runs counter to the American tradition of a secret ballot. Unlike
polling locations on election day where advocates are required to stay 75 feet
from the voting stations to give voters privacy, activists and other hired guns
can directly engage and pressure citizens while they are voting at their
homes.
It also is an invitation for
voter fraud, especially given the fact that Arizona is predominantly an early
voter state. Ballot harvesting pressure tactics have
been documented, and both parties have been found to abuse the process.
Given the opportunity for mischief, Arizona wisely banned the practice in 2016
and limited early ballot returns to immediate family members.
There is no reason to bring
ballot harvesting back, unless the goal is to manipulate the election process
and to make money for political operatives and unions that run these
operations.
It also explains why the
initiative includes several changes to the registration requirements for paid
petition circulators as well. For years, petition firms have opposed any
reforms that would prevent initiative fraud and abuse, primarily because it
holds paid circulators accountable for wrongdoing (and by extension, the
petition firms that hire them).
That’s bad for business, so their
solution was to remove the requirement that the Secretary of State review the
paid circulator registration forms for accuracy and to eliminate all penalties
for skipping town and ignoring lawfully issued subpoenas during signature
challenges.
The backers of this measure
likely know that bringing back ballot harvesting and encouraging paid
circulator registration fraud will not be popular with voters. In order to
avoid this uncomfortable discussion, they included additional language that
would crack down on potential conflicts of interest by politicians at the
legislature.
Though we appreciate the concern
petition firms have about corruption and conflicts of interest at the
legislature, it rings rather hollow when they are simultaneously looking to
increase corruption (and profit) at the ballot box.
It is too early to say whether
this measure will have enough money and support to qualify for the ballot. Even
if it does, we are confident that voters won’t have too much trouble seeing
through this obvious attempt to undermine the integrity of Arizona’s electoral
process.
by admin | Aug 29, 2019 | News and Updates, Tax
Arizona’s
economy has been on fire. In
just the last year the Grand Canyon state has created 75,000 jobs and Maricopa
county leads the
nation in population growth.
The state is more productive than
ever too. Arizona
now ranks third fastest growing GDP in the country; outpacing
heavy weights such as California, Florida and Texas. Arizonans are enjoying a better standard of
living as well with an over $61,000 median household income.
This tremendous boom is a direct
result of lawmaker’s decisions to keep tax burdens low and to create an
environment where businesses can thrive.
And yet the tax-and-spend lobby wants to squander this
prosperity by reversing the very policies that got us here.
A group led by the Helios
Foundation has unveiled
a proposed measure that would impose a $1 Billion dollar property
tax hike AND a $500 million dollar sales tax increase. It would be by far the
largest property tax increase in Arizona history and be extremely punitive
toward job creators in the state.
And just like its “Invest
in Ed” predecessor, this tax hike is entirely unnecessary. Due to pro-growth polices and historic
federal tax reform, Arizona has enjoyed record tax revenues and
budget surpluses the last two fiscal years.
Most of this surplus has been put
toward education. In the last 18 months the legislature and Governor Ducey have
pumped nearly $1.5 Billion in new spending into K-12 education,
most of which has gone toward the ‘20by2020’
teacher pay plan, the continued restoration of district additional assistance,
new school construction and results-based funding. And even after all that spending there was
enough left over to structurally balance the budget and leave $1 Billion in the
rainy-day fund.
Not surprisingly, none of this
additional K-12 funding has satisfied the education spending lobby, which is
why we are back at square one talking about another tax hike. It doesn’t seem to matter that Arizona
has been making tremendous gains in student performance over the
last decade or that how you
spend the money is far more important than how much is being
spent.
Arizona is on the right path and
changing course now would be a mistake. That’s why taxpayers should be wary of proponents
peddling major tax hikes claiming our schools are in shambles. Instead, we should continue to grow and
diversify our economy, invest in school choices that increase competition and
improve educational outcomes, and demand higher standards. Afterall, you get far more juice out of the
economy by growing it – not by squeezing it.
by admin | Aug 21, 2019 | Misc, News and Updates
It has been interesting to watch
supporters of light rail try to explain away its exploding cost and how
projects such as the South Phoenix extension have turned into reckless
boondoggles for taxpayers.
As has been reported by
multiple news outlets, the cost for South Phoenix rail extension has tripled in
three years to $1.35 Billion dollars. At $245 million per mile it is now one of
the most expensive rail projects in the country. And with the Federal
Government reducing
their funding share to 39%, Phoenix taxpayers are now on the hook for
an additional $400 million in cost overruns.
Now a little-known comedian named
Hasan Minhaj has decided to enter the fray, putting out a short
video attempting to demonstrate why light rail isn’t such a bad
deal after all. In doing so he inadvertently provided more evidence on the
absurd cost of the South Phoenix rail project and why other transit options
(such as expanded bus, dial-a-ride, ridesharing, etc.) would make much more
sense.
His first critique is that
opponents to light rail have ignored their economic development benefits for
the community. This is simply not true.
Maybe during his extensive
research on the issue Mr. Minhaj missed the fact that our organization already
looked into Valley
Metro’s $11 Billion-dollar economic development claim and
discovered that it was a sham. Virtually every project on their list was either
government funded/subsidized or had nothing to do with light rail. Unless, that
is, Mr. Minhaj wants to argue that QuikTrip gas stations, car washes, the
Phoenix Police forensic lab, the Maricopa County Sheriff Office and a Tesla
Auto Dealership were built because of light rail.
He then complains that our
organization and others have messed up by overstating the actual costs of light
rail. Using an uncited, non-existent transit “industry standard,” Mr. Minhaj
declares that the true cost for the South Phoenix project is only $14 per
rider. He arrives at this figure by calculating the number of projected
boardings over the next 30 years (105 million) and divides that into the cost
of the project.
One small problem: he
confuses riders with ridership. These are not all unique
individuals, unless Mr. Minhaj believes that the entire population of Arizona,
California, Texas, Virginia and Florida all plan to visit South Phoenix and
ride the light rail. Perhaps for educational reasons people will flock to the
area to see how many small businesses light rail has bankrupted, but we doubt
it.
Now Mr. Minhaj is correct that
the projected daily boardings for the South Phoenix extension is 9,600. It is a
figure that some light
rail opponents have used to determine that it would be cheaper
to buy every rider a Tesla than expand light rail ($1.35Billion ÷ 9,600 riders =$140,000). In
reality they were being way too forgiving—since actual daily unique riders will
be half that amount (around 5,000), the true cost is closer to $280,000 per
rider. Forget Teslas, it would be cheaper to buy every rider a condo than
build the South Phoenix extension.
This doesn’t mean that the $14-dollar
figure Mr. Minhaj arrives at isn’t significant. Thanks to him, taxpayers now
know that they will be paying at least $14 to move someone up to 5 miles in one
direction on the light rail ($2.80 per mile).
Given that the average 5-mile uber/lyft ride is around $10, it
would be cheaper to issue 100 million rideshare vouchers over the next 30 years
than it is to build the South Phoenix project.
We give Hasan Minhaj credit for
trying to inject some humor into the light rail debate. It is too bad that he
assumes that opposition to costly light rail is only because of some deep
seeded irrational hostility to transit or involves an evil Koch brother hiding
behind every bush.
Light rail is simply too costly
and will end up consuming the city’s transportation budget if expansion is not
stopped. That doesn’t just mean canceled road repairs, but reduced bus and
dial-a-ride service as well. There are better options available, and we intend
to continue to advocate for transportation solutions that benefit all
residents, not just the 1% of the population that use light rail.
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