The Round Up: A Hell of a Week for the National Guard
Living up to their motto, "Always ready, always there."
Last week, the Arizona National Guard entered the forefront of political discourse, as pressing concerns involving the border, foreign drone strikes, and state sovereignty surrounded the service members. In addition to these emerging issues, leaders of both parties have been focused on the need to agree on state electoral timelines for this November. Gov. Katie Hobbs and her fellow Democrats also built on efforts initiated at the onset of the new year to rein in the state’s school voucher program, also emphasizing their desire to increase pay for all public educators in the state.
These issues, among others, have continued to highlight growing tensions both between the state and federal government, but also between Republicans and Democrats in Arizona. Given the current election year, as well as Arizona’s status as a key battleground state, it is likely that politicians will hesitate in seeking compromise across the aisle on key issues moving forward. This has been evidenced by the current election negotiation dispute, where members of both parties remain deeply entrenched despite a looming February 9 deadline for an agreement.
Response to Drone Strikes in Jordan
On Saturday, Arizona National Guard adjutant general Major General Kerry Muehlenbeck provided an update following the January 28 drone attack near the Syrian border in Jordan which took the lives of three service members, and injured forty others. At a press conference held at Papago Park Military Reservation, Muehlenbeck commented that she was “fortunate that we have the bulk that have returned to serv[e]” as part of the Arizona National Guard's 1-158th Infantry Regiment.
In response to the attack, several Arizona leaders have noted their support for the National Guard. Additionally, as the White House engages in retaliatory strikes in both Iraq and Syria, federal Democrat lawmakers Senator Mark Kelly and Representative Ruben Gallego have been emphatic in their support for the Biden Administration’s response.
Governor Katie Hobbs: “I am heartbroken to hear reports of the Arizona National Guardsmen wounded in action during the attack in Jordan. I’m actively monitoring the situation and my administration is in contact with AZ NG Adjutant General Muehlenbeck. We are ready to offer support for the Guardsmen and their families, and will be prepared to take action as the situation develops.”
U.S. Senator Kyrsten Sinema: “Brave AZ National Guardsmen were injured during the horrific recent drone attack by Iran-backed militia groups on U.S. forces in Jordan. We’re in contact with the AZ National Guard and are wishing a quick and full recovery to all injured as we gather more information.”
U.S. Senator Mark Kelly: “Gabby and I are thinking about our Arizona National Guard members who were injured over the weekend and wishing them a full and swift recovery. Our team is in touch with Arizona National Guard leadership and have offered any assistance they need.”
Secretary of State Adrian Fontes: “We stand with the families of our Arizona Guard members injured in yesterday's attack. We wish them a speedy, safe return. God bless our troops.”
Border Update
Joining Attorneys General from 26 other states, both Senate President Warren Petersen and House Speaker Ben Toma signaled their support for recent actions taken by Texas Governor Greg Abbott at the border. In a letter sent to President Joe Biden and Department of Homeland Security (DHS) Secretary Alejandro Mayorkas, the Republican leaders wrote that “America is facing an unprecedented border crisis.” Subsequently, they emphasized that Abbott and Attorney General Ken Paxton “must be supported rather than opposed” in their efforts to “secure our border.” In the letter, the leaders also worked to dispel the notion that actions taken by the Texas state government “to support the border” violate the Supreme Court’s recent decision on the matter. Specifically, the letter argues that while “Federal agents are no longer prohibited” from interfering with Texas’ installation of concertina wire (commonly referred to as “razor'' wire) at the border, the state government is similarly unprohibited from “repairing or replacing the wire.” Given repeated efforts from the Biden Administration to “destroy the barriers Texas builds'' as “[m]illions of people illegally” enter the state, the Republican leaders wrote that the federal government is “helping individuals complete their illegal entry into the United States.”
Seeking to codify the state legislature’s support of Governor Abbott “in his fight for secure borders,” Arizona State Senator Shawnna Bolick introduced a resolution calling for Governor Hobbs to “do the same.” Senator Bolick’s SCR 1042, which has thirteen Senate co-sponsors, criticizes President Biden for failing to uphold his Article IV Constitutional duty to “repel the invasion America faces at its southern border.” Bolick’s resolution echoes complaints commonly levied against the Biden Administration by Republicans–including in the aforementioned letter–as she states that the President “has refused to enforce federal immigration law.”
Arizona House Speaker Ben Toma: “Texas has every right to defend itself from the unprecedented flow of illegal immigration, drug trafficking, and countless threats at our southern border because of President Biden’s willful refusal to protect this nation. I stand with Governor Abbott and call on Governor Hobbs to follow his lead and invoke Arizona’s constitutional right to defend itself.”
State Senate President Warren Petersen: “Arizona is overwhelmed from the same dangers brought on by this invasion as Texas. Biden is literally dismantling our nation as we know it, allowing known terrorists and criminals to enter through our southern border with no consequences. Since our Attorney General is not pushing back against the lawlessness Biden is promoting by working to destroy the border barriers Governor Abbott has built, the Legislature must speak out and stand in solidarity to support our neighbors.”
State Senator Shawnna Bolick: “Our law enforcement resources are outnumbered, and our communities are in peril from the millions of people who have entered our country illegally since Biden took office. These are not just innocent families looking for a better life. We're experiencing numerous horrific crimes on a daily basis, like child sex trafficking, human smuggling, rapes, murders, and deadly fentanyl destroying our communities. We can't sit idly by. I commend Governor Abbott for taking action. Governor Hobbs needs to do the same.”
State Senator Janae Shamp: “States must act now or see their communities forever changed by the destruction Biden's open border is causing. This is a matter of national security, and innocent lives are on the line. In an effort to protect our communities and our citizens from the infiltration of crime, I've introduced the Arizona Border Invasion Act, which mirrors Governor Abbott's efforts to arm local, state, and county law enforcement with the tools they need to defend Arizona. I'm urging the Legislature to support this proposal, as well as our other border related measures, and for the Governor to sign them.”
Defend the Guard
Last week, SB 1121 advanced through the Senate Military Affairs, Public Safety and Border Security Committee with a 4-3 vote. At its hearing, the Committee debated the merits of the Defend the Guard Act–legislation prohibiting the Governor from releasing national guard members to serve in “active duty combat” unless Congress formally “passes an official declaration of war.” According to the Senate fact sheet, the proposal specifically defines active duty combat as: (i) “participating in armed conflict;” (ii) “performing a hazardous service relating to an armed conflict in a foreign state;” or (iii) “performing a duty through an instrumentality of war.” Sponsored by Senator Wendy Rogers and co-sponsored by twenty fellow legislators, the proposal follows a 2023 version which passed in the Senate, but failed to advance in the House. Rogers’ bill has earned the co-sponsorship of every Republican in the state Senate, in addition to emphatic support from Senate Majority Leader Sonny Borrelli at the Committee hearing.
State Senator Wendy Rogers: “This year we need to get it through both chambers and to the Governor, because as all of you know we just lost three Army Guard members in Jordan. And Arizona Guard members were also casualties…It is high time we pass this and keep our Guard where it should be unless the United States Congress declares war…This is a state's rights situation. And we as Arizona need to take the first step to recovering our rights of our own National Guard...we, the state of Arizona, should have the oversight and the control of where we send the Guard and until the United States Congress declares war they should not be committed to a combat warzone…That is our job: to do what's right. Not avoid a veto, not worry about how it will play out in court, but to do what's right."
State Senate Majority Leader Sonny Borrelli: “If the federal government chooses to disarm the state of Arizona, that's very telling. And that kind of tyranny should not be stood for because that's exactly what's going on right now with this administration, and God forbid another administration. But we're putting our troops in harm's way with a federal government and leadership, for that matter lack of leadership, that's leaving our troops vulnerable. I just can't comprehend the lack of leadership and care and concern for our troops. That's what I've seen in the last couple years…We should look East a little bit, two states over. Texas stood up against the Biden administration and they did not disband or federalize their Guard…If the federal government wants to step in and wipe out our Guard, and do that, they're really, really tipping their hand on how much tyranny and how much overreach they're going to have.”
Election Activity
According to KTAR reports, state legislators must agree on election calendar issues by February 9 to avoid any disruptions to this fall’s contests. Many Arizona Democrats have blamed the state’s automatic recount law for causing delays to ballot processing, and have centered current negotiations on the need for a “narrow” solution addressing this problem. Democrats such as Governor Hobbs have subsequently emphasized the importance of Arizona “get[ting] its presidential electors in” on time, while Republicans recently introduced legislation that would make broader alterations to state election law. Currently, leaders in both parties are facing increasingly critical discussions centered on the timeline for “ballot curing”–the idea of allowing voters to correct and/or alter ballot markings.
On January 31, House Speaker Ben Toma and Senate President Warren Petersen announced their intention to sue Arizona Secretary of State Adrian Fontes regarding his recently released Election Procedures Manual (EMP). In their lawsuit filed in Maricopa County Superior Court, the Republican leaders called for several provisions of the EMP to be thrown out due to alleged violations of state election law. Noting “at least five areas” where Fontes’ manual “permits election practices that violate statute,” Toma and Petersen questioned the EMP’s treatment of the following: (i) Active Early Voter List Effective Date; (ii) Non-Residency on Juror Questionnaire; (iii) Investigations of Citizenship Status; (iv) Validity of Circulator Registrations; and (v) County Canvass. In response to these claims that Secretary Fontes has exceeded statutory authority in issuing the EPM, the Secretary’s office reportedly emphasized that Fontes is “prepared to defend” the manual that was “created to provide uniformity and clarity for elections officials, so they can administer free and fair elections for the people of Arizona.”
House Speaker Toma: “The [state legislature] is taking steps necessary to protect the integrity of Arizona's elections. Today, Senate President [Petersen] and I filed a lawsuit against Secretary of State [Fontes] over his unlawful 2023 Election Procedures Manual, which flaunts rules that violate existing state election laws. Secretary Fontes has exceeded his jurisdiction, using the EPM to exercise lawmaking powers that do not belong to him. Our lawsuit aims to halt this overreach and nullify the unlawful provisions in the manual to ensure a fair and lawful electoral process for all Arizonans.”
State Senate President Petersen: “Both the Secretary and our Governor have a track record of not following the law. As a result, I'm taking action to protect the integrity of our elections. This reckless EPM opens the door to unlawful activity and undermines the voter confidence measures Republican lawmakers have implemented over the years.”
Assistant House Minority Leader Oscar de los Santos: “We have a narrow problem and we should have a narrow solution..The fix could be done tomorrow if the Republicans would stop treating this as a Christmas tree.”
State Senator Priya Sundareshan: “Let's remember this problem [regarding the 2024 election timeline] was caused by a recent change to the recount law so additional proposals to restrict voter access - without addressing why we're here in the first place - are particularly unhelpful.”
ESA Accountability Legislation
Early last week, Governor Hobbs, Senate Democratic Leader Mitzi Epstein, and House Democratic Leader Lupe Contreras introduced a bill that would “increase accountability and transparency” surrounding the state’s Empowerment Scholarship Accounts (ESA). Colloquially referred to as “school vouchers,” ESAs have recently faced levels of heightened scrutiny from Democrats–most notably from Hobbs. With the introduction of SB 1399, Hobbs is seeking to follow up on previously expressed concerns regarding “luxury spending” and a lack of “background checks for educators” within the ESA program. The legislation, which builds on Governor Hobbs’ plan from earlier this month, would implement fingerprinting “to ensure students have safer learning environments,” while also “increas[ing] transparency for parents to know if the school will meet their student’s needs.” Further, the Democrat proposal seeks to address “financial accountability” as it prevents “taxpayer dollars from being spent on luxury car driving lessons and ski passes.”
Governor Katie Hobbs: “Arizonans deserve to know their taxpayer dollars are being spent giving Arizona children the education they deserve, not on luxury car driving lessons, ski trips, and water park passes. We must bring accountability and transparency to the ESA program. With this plan, we can keep students safe, give parents and students the information they deserve to make informed educational choices, and protect taxpayer dollars. It’s simple: we need accountability for government spending, and every school receiving taxpayer money should follow basic educational and student safety standards.”
State Senate Democratic Leader Mitzi Epstein: “The unaccountable government expansion of ESA vouchers has put our state’s financial security, and our students, at risk. These commonsense safeguards will be vitally important for giving Arizona children a safe and quality education, and bring the same accountability and oversight to ESAs that we expect for any taxpayer spending.”
House Democratic Leader Lupe Contreras: “All Arizonans, no matter their party, want to see taxpayer dollars spent wisely. We’re presenting basic standards that will establish transparency and accountability to avoid excess spending on luxury goods, ensure student safety and provide transparency over the ESA program. Let’s pass these commonsense bills and deliver much-needed oversight for Arizona families.”
Prop 123 Enhancement
Governor Katie Hobbs was joined by Senator Christine Marsh and Representative Judy Schweibert at a January 29 press event advocating for an extension of Proposition 123. Commonly referred to as “Prop 123,” the education funding initiative first signed into law by former Governor Doug Ducey has been a key area of focus for current Governor Hobbs so far in 2024. Building on the release of her Prop 123 renewal plan in early January, Hobbs spoke to the importance of guaranteeing an increased distribution rate from the State Land Trust Permanent Fund toward public education. In her latest remarks, Governor Hobbs explained that the 6.9% distribution rate first implemented as part of the 2016 law “was based on the projection that the state land trust account would have $6.2 billion.” Highlighting the state’s “thriving economy,” Hobbs announced that the land trust has “exceeded those projections” and instead “sits at $7.8 billion.” Based on these projections, Hobbs has accordingly proposed “an increased distribution rate of 8.9%.”
Governor Katie Hobbs: “I'm excited to share with you all my proposal to not only extend Prop 123, but to expand it so that we can finally change course and strengthen the future of our students in public schools…This will provide an additional $1.3 billion for public schools compared to the previous rate. That means raises not only for teachers but for every educator and support staff who make our schools a success. And it means safer schools for our children. It does all of this without raising taxes by one cent and it will not jeopardize the health of the state land trust. What this proposal does do, it strengthens Arizona's foundation and invests in our students' futures.”
State Senator Christine Marsh: “While I applaud my Republican colleagues finally admitting that we need to do something to raise teacher pay, their plan misses the mark. With this plan, we will not only address our teacher's shortage caused by low pay, we will support every educational professional responsible for our children's success and keep our schools safe. It's time we act like the adults in the room and do one more than one thing at a time…I am going to support the plan that puts our students and educational professionals in the best spot to grow and succeed in Arizona.”
Representative Judy Schweibert: “All educators are vital to student success, especially at a time when more and more young people are struggling with anxiety, depression, and even suicide. This is the time to increase our investment in the resources our students need, not pick and choose about who's important enough to retain with a raise and who is not. So Governor Hobbs' proposal includes all educators, teachers, and support staff. It makes our schools safer and it doesn't raise taxes a cent. Ultimately Prop 123 gives us a choice–we can either choose to invest in Arizona's future by giving students a quality education, or we can let nearly $8 billion sit in a bank account.”
Prescription Drug Pricing
Governor Hobbs backed fellow Democrat–Senator Eva Burch–in introducing legislation intended to “bring transparency and accountability to the prescription drug industry and lower costs for Arizonans.” Unveiled at a January 31 press conference, their SB 1533 would specifically seek to regulate the activities of pharmacy benefit managers (PBMs). Most notably, the bill would require PBMs to obtain approval from the Prescription Drug Affordability Division of the Department of Insurance and Financial Institutions before raising drug prices more than the rate of inflation. This new state level agency would track rebates, while seeking to “lower costs for everyday Arizonans and protect taxpayer dollars.”
Governor Hobbs: “These middlemen are artificially inflating prices so that they can make a profit. They're inserting themselves between the manufacturers and the pharmacists and the customer. And that's what we're trying to crack down on and provide some accountability and transparency there.”
State Senator Burch: “As a practicing medical provider, I have seen this firsthand and I know that for many, this is a matter of life and death.”
AI Scams
In order to deal with threats posed by Artificial Intelligence (AI), Senator Justine Wadsack announced legislation that would legally classify the emerging technology “as a weapon.” Senator Wadsack’s SB 1599 would specifically designate the use of AI as an “aggravated circumstance” during “the commission of the crime,” alongside other “deadly weapon[s] or dangerous instrument[s].” In her release, Wadsack pointed to the June 2023 testimony of Jennifer DeStefano before the U.S. Senate Judiciary Subcommittee on Human Rights and the Law. Senator Wadsack explained that DeStefano had previously “received a call from scammers who cloned her daughter's voice,” and subsequently “demanded $1 million ransom.” After sharing her story regarding this ”traumatizing incident,” DeStefano prompted Senator Wadsack to introduce SB 1599 “[a]s a result.” Pending the legislation’s formal introduction, first reading and committee assignment, the bill is set to be discussed at a February 8 Senate Judiciary Committee hearing.
State Senator Justine Wadsack: “AI technology is becoming more sophisticated, and criminals are taking advantage of it. These scammers have the ability to create realistic audio of people's loved ones. I can't imagine getting a call from who I believe is my child that's been kidnapped. That type of encounter has lasting traumatizing effects that impact your sense of security and safety. Unfortunately, this isn't an isolated innocent. Having the legal tools to fight back is absolutely necessary."
Other Relevant Headlines
Joe Biden's reelection campaign is staffing up in Arizona. Here's who's been hired so far (February 1, 2024) - “President Joe Biden’s reelection campaign has made its first official hires in Arizona, a crucial state in the presidential election this year. Biden is tapping two veterans of recent Democratic campaigns in Arizona and a Democratic political lawyer to lead his operation in the Grand Canyon State…Their hires, shared first with The Arizona Republic, show that Biden’s re-election campaign is gearing up for the general election in November. The announcement comes after some senior Democratic strategists and elected officials expressed concern that Biden was not putting together his re-election team fast enough, particularly in swing states like Arizona.”
Mayes, Dem AGs warn the court that ending DACA would have ‘serious harm’ on states (February 2, 2024) - “Arizona Attorney General Kris Mayes joined nearly two dozen other Democratic attorneys general to push back on the effort to eliminate the DACA program, warning a federal court that doing so would be devastating for the states that have come to rely on the economic and social benefits its recipients represent. On Thursday, Mayes and 22 other attorneys general filed an amicus brief advocating for the preservation of DACA with the 5th Circuit Court of Appeals, which is expected to take up the question on whether the president has the authority to shield migrants who arrived in the country as children from deportation.”
Arizona Coyotes apply to buy state land in north Phoenix with eye on new arena (February 2, 2024) - “The Arizona Coyotes are moving forward with a plan to buy state trust land in north Phoenix months after the hockey team was said to be scouting in the area, new records show. ‘I can confirm that we have submitted an application,” Coyotes CEO Xavier Gutierrez told The Arizona Republic on Friday. ‘But ... I’m confirming with you that, as I’ve made very clear on a number of occasions, we are looking at multiple sites and we are not yet ready to announce which is the one that we are going to pursue as the primary one’.”
Senators release a $118 billion package that pairs border policies with aid for Ukraine and Israel (February 4, 2024) - “Senators on Sunday released a highly anticipated $118 billion package that pairs border enforcement policy with wartime aid for Ukraine, Israel and other U.S. allies, setting off a long-shot effort to push the bill through heavy skepticism from Republicans, including House Speaker Mike Johnson…With Congress stalled on approving $60 billion in Ukraine aid, the U.S. has halted shipments of ammunition and missiles to Kyiv, leaving Ukrainian soldiers outgunned as they try to beat back Russia’s invasion…And on the border, Biden said that the immigration system has been broken for too long, and it’s time to fix it.”
Commerce Authority to use private funds to entertain corporate executives (February 4, 2024) - “The Arizona Commerce Authority has agreed to use mostly private funds to entertain corporate executives at the upcoming Waste Management Open.And that’s apparently enough to satisfy Attorney General Kris Mayes and get her to back off threats to bring charges against the agency. In a letter to Mayes on Friday, Scott Rooney, the authority’s legal counsel, outlined plans to spend more than $123,000 at the five-day event that begins Monday.”
This round-up was written by Jared (JJ) Cichoke. He currently works as a Policy Analyst after previously holding various roles with Senator Martha McSally (R-AZ) and the Senate Committee on Indian Affairs. A graduate of Vanderbilt University, he recently moved to Arizona after spending nearly his entire life in Portland, Oregon.