The Round Up: Ballot Bonanza
The Round Up: Ballot Bonanza
Arizona's electoral procedures and school funding under scrutiny as national and state investigations unfold.
In this Round-up: Arizona’s electoral procedures continue to garner national attention, with questions lingering around voting requirements and ballot measure language. Both of these issues have made their way to high courts in recent weeks.
Additionally, Arizona Democrats launched an investigation into the Arizona Department of Education’s school improvement and Title I funding allocations. Led by Governor Katie Hobbs, the Democrats highlighted the department’s apparent loss of over $24 million in federal funding and subsequently called for an investigation into State Superintendent of Public Instruction Tom Horne.
Arizona, National Leaders Seek Clarity on Voting Requirements
Earlier this month, the Republican National Committee (RNC) and Arizona Republican legislative leaders — including Senate President Warren Petersen and House Speaker Ben Toma — filed an emergency application for stay with the U.S. Supreme Court. This application followed a 9th Circuit Court of Appeals ruling that prevented implementation of an Arizona law requiring documentary proof of citizenship (DPOC) for voting. Signed into law by former-Governor Doug Ducey back in 2022, HB 2492 was enacted as a “balanced approach” to “address [the] growing number of new registrants participating in elections who have not provided evidence of citizenship.” Last Thursday, 24 Republican state attorneys general joined an amicus brief echoing calls for the Supreme Court to grant a stay and support enforcement of the citizenship requirement for voting in Arizona.
Last Friday, the Biden administration entered the conversation when Solicitor General Elizabeth Prelogar argued that “judicial intervention at this stage would undermine the orderly administration of the election, risking the disfranchisement of thousands of voters who have already registered to vote using the federal form.” In a filing submitted to the Supreme Court, Prelogar echoed concerns of fellow Arizona Democrats that “a stay would throw the administration of the election into chaos.” The State of Arizona and Attorney General Kris Mayes also joined Prelogar in submitting filings, similarly arguing that a stay “at this time would be destabilizing.” According to the Arizona Secretary of State’s office, over 40,000 citizens could potentially be impacted by the ruling.
On Thursday, the U.S. Supreme Court ruled 5-4 that the emergency application for stay was “granted in part and denied in part.” While Justices Sonia Sotomayor, Elena Kagan, Amy Coney Barrett, and Ketanji Brown Jackson signaled that they would “deny the application in full,” the majority consisting of Chief Justice John Roberts, Justices Clarence Thomas, Samuel Alito, Justice Gorsuch, and Brett Kavanaugh ruled that Arizona may legally require DPOC for voting. Given that only Justices Thomas, Gorsuch, and Alito voted to “grant the application in full” however, a portion of the law potentially barring over 40,000 registered voters from voting will remain on hold.
What U.S. and Arizona leaders are saying:
Solicitor General Elizabeth Prelogar: “[T]he State of Arizona, its Attorney General, and its Secretary of State have opposed a stay, explaining that Arizona has never yet implemented the challenged requirements and that judicial intervention at this stage would undermine the orderly administration of the election, risking the disfranchisement of thousands of voters who have already registered to vote using the federal form. This Court should deny the application to the extent it pertains to the United States’ claim.”
Arizona Republican Party: “The Constitution gives states the power to set voter qualifications, and AZ is leading the charge to ensure ONLY CITIZENS vote in our elections. This case has the potential to prevent non-citizen voting once and for all, which should have been the case all along.”
Republican Party Chair Gina Swoboda: “This is a landmark moment for Arizona and our nation. We are confident the Supreme Court will uphold our right to secure our elections.”
Arizona Abortion Measure to Appear on November Ballot
Earlier last week, Arizona Secretary of State Adrian Fontes, a Democrat, officially certified a ballot measure establishing a right to abortion in the state. The ballot initiative, spearheaded by Arizona for Abortion Access, received roughly 578,000 signatures, easily reaching the 383,923-signature requirement. Currently, abortion is essentially banned after 15 weeks in Arizona. The ballot measure would establish a constitutional right to abortion up until fetal viability.
In the leadup to the important vote, Arizona Republicans have been using the term “unborn human being” in informational pamphlets set to be distributed to registered voters, a phrase considered by Democrats to be misleading and partisan. Last Wednesday, the Arizona Supreme Court sided with Republicans in Arizona for Abortion Access v. Ben Toma, et al., a lawsuit advanced by abortion advocates to challenge the impartiality of the ballot language. The Supreme Court’s decision subsequently allows the contentious term to be used ahead of November’s election. In so ruling, the Supreme Court reversed a lower court’s decision that initially labeled the proposed phrasing as “packed with emotion and partisan meaning,” instead finding that the pamphlet’s phrasing “substantially complies” with necessary requirements. While the ruling represents a significant victory for pro-life advocates, it is worth noting that Secretary of State Fontes will still choose the actual language for the ballot measure seeking to establish a right to abortion in Arizona’s constitution.
Two days after the Supreme Court’s ruling clarifying the pamphlet language, U.S. Representative Andy Biggs (R-AZ) and Arizona State Representative Barbara Parker — who serves as vice chairman of the Health and Human Services Committee — jointly filed an amicus brief with the state Supreme Court “in strong opposition” to the Arizona Abortion Access Act. The lawmakers’ brief serves to echo concerns of the Plaintiff/Appellant in Arizona Right to Life v. Adrian Fontes and Arizona for Abortion Access, arguing that the “radical initiative” slated for the November ballot contains “vague and misleading language” intended to “conceal[] its true impact: stripping Arizona courts of their power to apply traditional legal standards to abortion legislation.” Further, Biggs and Parker wrote that the ballot measure would “elevate abortion above existing fundamental rights” and subsequently called for the “initiative [to be] disqualified from the ballot to prevent the erosion of judicial review and the protection of other fundamental rights.”
On Tuesday, the Arizona Supreme Court dismissed Arizona Right to Life’s lawsuit seeking to argue that the ballot measure’s 200-word description is “misleading.” In a unanimous decision, the Court affirmed a prior superior court ruling in a significant win for abortion advocates in the state. In the unanimous majority opinion, the justices emphasized that “[n]othing in the Description ‘either communicates objectively false or misleading information or obscures the principal provisions’ basic thrust.” With the Arizona Supreme Court’s ruling, the question of whether a right to abortion should exist in the Arizona Constitution will be answered by voters in November as Proposition 139.
What Arizona leaders are saying:
Chief Justice Ann Timmer: “The Description explains each of these provisions and the tests that would apply to restrictions upon that right. Nothing in the Description ‘either communicates objectively false or misleading information or obscures the principal provisions’ basic thrust.”
Secretary of State Adrian Fontes: “This is an incredibly important piece of the freedom agenda that the Democrats have launched through our new presidential candidate. . . . It’s incredibly important because in Arizona, we don’t like people telling us what to do. And when you’ve got folks trying to force folks into, and force anybody into decisions with especially what they can do with their bodies, that’s problematic politically.”
Representative Barbara Parker: “This dangerous initiative would strip Arizona courts of their crucial role in safeguarding the balance between fundamental rights [. . .] The people of Arizona deserve to know that this measure would place the so-called ‘right to abortion’ above all other rights, including religious freedom, and prevent the courts from considering compelling state interests that protect life and health. As a lawmaker and a neonatal ICU-trained nurse, I will always stand against any attempt to silence the voice of the people or to erode the protections that ensure the safety of all Arizonans, born and unborn.”
Arizona for Abortion Access: “This is a huge win for Arizona voters and direct democracy. With this decision, voters will have a chance to vote YES on Proposition 139, the Arizona Abortion Access Act, and restore and protect the right to access abortion care in our state. With less than 80 days to go until the election, we will continue working around the clock to ensure Arizona voters from every corner of the state, and from every background and every political party say YES to putting personal decisions about pregnancy and abortion where they belong—with patients, their families and their doctors, without government interference. We are confident that this fall, Arizona voters will make history by establishing once and for all a fundamental right to abortion.”
Democrats Flag Potential Mismanagement of Public School Funds
Earlier this month, Arizona Governor Katie Hobbs and six House Democrats requested a “special audit” of the Arizona Department of Education’s school improvement and Title I funding allocations. (Title I, established as part of the 1965 Elementary and Secondary Education Act, is a federal program that provides funding to public schools in low-income areas.) In a letter sent to Representative Matt Gress — who serves as chairman of the Joint Legislative Audit Committee (JLAC) (and who recently wrote an op-ed on this subject for 1912) — the Democrats touted reports “showing the Department of Education lost $24 million in federal funding for public education.” The Democrats commented that the allegations “bring into question whether the Department exercises the attention, transparency and clear communication needed to appropriately oversee our state’s educational funding,” and subsequently called for JLAC to “clarify this year’s funding reductions and determine which Department practices kept federal funding from reaching schools.”
In response to the Democrats’ request, Representative Gress announced State Superintendent Tom Horne’s intention to attend an upcoming JLAC meeting. In a press release, Gress explained that Horne had “directly requested” to respond to the “misinformation surrounding school improvement and Title I funding allocations” while at the September meeting. Given JLAC’s role as a “legislative check on the executive, providing oversight of all state agencies, departments, boards, and commissions to ensure accountability and transparency,” Gress called a public forum “essential to better understand the issues at hand.”
What Arizona Leaders are Saying:
Governor Katie Hobbs: “I commend the members of the state legislature who are demanding accountability and transparency. It is unconscionable that Superintendent Horne has let tens of millions of dollars disappear from our schools — critical federal funding that helps students succeed. I sincerely hope that the Joint Legislative Audit Committee takes up this investigation and finds out what happened to these resources. Our kids deserve better.”
House Democratic Whip Nancy Gutierrez: “As our letter states, the actions of the Arizona Department of Education and Superintendent Horne have raised serious questions about their ability to responsibly oversee the state’s education federal funding distribution. We need more attention to detail, basic transparency and better communication with schools — and with us — to avoid the budget cuts and negative impacts that our schools have experienced. We need an audit right now to find out exactly what is happening and why, and to restore trust.”
Representative Matt Gress: “As you know, JLAC serves several functions. First and foremost, the committee serves as a legislative check on the executive, providing oversight of all state agencies, departments, boards, and commissions to ensure accountability and transparency. As Chairman of JLAC, I sincerely appreciate your interest to utilize the expertise of the Office of the Auditor General to investigate and better understand agencies like ADE. . . . I believe it is essential to better understand the issues at hand by first allowing a public forum for questions and answers before proceeding with a special audit; therefore, I welcome Superintendent Horne’s presence at JLAC’s September meeting.”
Other Relevant Headlines
Governor Katie Hobbs Shares Update on Uranium Ore Transportation Negotiations (August 16, 2024) — “Navajo Nation and Energy Fuels Resources Inc. began good-faith negotiations on the transport of uranium ore through Navajo lands. Both parties described the meeting as productive and committed to continued conversations to reach an agreement.”
Donald Trump to visit US Southern Border in Cochise County this week (August 18, 2024) — “Former President Donald Trump will be making a trip to southern Arizona this week. Trump will visit the U.S. Southern Border in Cochise County on Thursday, Aug. 22, at 11:30 a.m. After visiting the border, Trump will travel to Glendale to hold a rally at the Desert Diamond Arena on Friday, Aug. 23, at 4 p.m. It’s the same venue where Vice President Kamala Harris held a rally earlier this month. This will be Trump’s second visit to Arizona in the last few months. He previously held a rally in Phoenix in June.”
Attorney General Mayes Warns of Bitcoin and Cryptocurrency Scams (August 19, 2024) — “Attorney General Kris Mayes is again warning Arizonans to be on high alert for cryptocurrency scams targeting vulnerable individuals, particularly senior citizens. ‘Scammers are taking advantage of the lack of familiarity on how cryptocurrency works to scam Arizonans out of their hard-earned money,’ said Attorney General Mayes. ‘My office is committed to ensuring that all Arizonans are informed and protected against these emerging threats. I urge Arizonans to be vigilant and to report any suspicious activity to our office immediately.’ Scammers are always finding new ways to steal your money using cryptocurrency.”
Republicans are central in an effort to rescue Cornel West’s ballot hopes in Arizona (August 19, 2024) — “A group of lawyers with deep ties to the Republican Party scrambled over the weekend to rescue an effort to get independent presidential candidate Cornel West on the Arizona ballot, offering one of the clearest examples yet of the GOP’s extensive involvement in furthering the left-wing academic’s long-shot bid. . . . This work appears to be part of a broader effort by conservative activists and Republican-aligned operatives across the country to push West’s candidacy and subvert the integrity of the ballot in the months leading up to November’s presidential election.”
RFK Jr. withdraws from Arizona ballot as questions swirl around a possible alliance with Trump (August 22, 2024) — “Robert F. Kennedy Jr. withdrew from the ballot in Arizona late Thursday, a day before he and Donald Trump were set to appear miles apart in the Phoenix area as speculation grows that Kennedy could drop his independent presidential bid and endorse the Republican nominee. Kennedy is scheduled to speak at 2 p.m. Eastern time in Phoenix ‘about the present historical moment and his path forward,’ according to his campaign. Hours later, Trump will hold a rally in neighboring Glendale.”
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.