The Round Up: Barnstorming in the Desert
Arizona takes its place among key swing states for the 2024 presidential contest.
In this week’s Round-up: Both major presidential campaigns passed through the valley over the last two weeks, with Republican VP nominee J.D. Vance (R-OH) and Democrat presidential nominee Kamala Harris and VP nominee Tim Walz (D-MN) making stops in Glendale. Both campaign events featured a bevy of Arizona leaders, with these prominent figures from the two parties seeking to rally support in the battleground state. These two stops—which both came just after each party ticket’s announcement—illustrate Arizona’s undeniable electoral significance in November.
At the state level, two courts issued recent rulings that would affect Arizona’s voting procedures. First, the U.S. Ninth Circuit Court of Appeals ruled that individuals are not required to present proof of citizenship when registering to vote. Second, the Maricopa County Superior Court ruled that abortion ballot language including the phrase “unborn human being” was “partisan,” and instead called for “neutral[ity].” Arizona Republicans, including Senate President Warren Petersen and House Speaker Ben Toma, have already announced plans to appeal the aforementioned rulings.
Presidential Campaigns Sweep Through the Valley
Just over a week ago, Republican Vice Presidential Nominee J.D. Vance spoke to a crowd of supporters at Glendale’s Arizona Christian University. The event came just two weeks after his selection as former President Donald Trump’s running mate. The rally lasted over two and a half hours and featured several Arizona leaders including GOP Chair Gina Swoboda, State Senator Janae Shamp, Senate President Warren Petersen, and Arizona Senate Candidate Kari Lake. The event also featured U.S. Representative Anna Paulina Luna (R-FL) and Turning Point USA founder, Charlie Kirk, who introduced Vance.
During his remarks, Vance unsurprisingly focused heavily on the Biden-Harris administration’s immigration policy, which he followed up with a visit to the border wall the next day. Just south of Sierra Vista, Vance was joined by the Border Patrol Union, the Cochise County Sheriff's Department, and local ranchers in discussing “how bad the policies of the Kamala Harris administration have been when it comes to the southern border.” This line of attack will likely remain at the forefront both in Arizona and nationally this election season, particularly due to Harris’s two-plus year-long tenure as Biden’s “border czar,” a role in which she was tasked with identifying “root causes” of “irregular migration” from Central America.
On Friday, current Vice President and Democrat nominee Kamala Harris appeared alongside her running mate, Minnesota Governor Tim Walz, at Desert Diamond Arena in Glendale. Before a crowd of roughly 15,000 supporters, Harris and Walz brought on stage Arizona leaders including U.S. Senator Mark Kelly, former U.S. Representative Gabrielle Giffords, U.S. Representative and Senate candidate Ruben Gallego, and Phoenix Mayor Kate Gallego. During the event, the Democrats mainly focused on hot-button issues such as immigration, abortion, and climate change.
What U.S. leaders are saying:
Senator J.D Vance: “500,000 kids have been trafficked by the Mexican drug cartels because of [Harris’s] policies. Hundreds of thousands of our citizens are dead from fentanyl overdoses because of her policies….[S]he was appointed the border czar and then unleashed the worst border crisis in the history of this country. On her watch, more than 10 million illegal aliens have invaded our country. And it wasn’t by accident, it was by design….They suspended deportations, they stopped building President Trump’s wall, they reinstated catch and release and that’s how every state became a border state because they just released these people into our country….Kamala Harris’s vision is for closed factories and open borders. It’s a government so big it can tell you what to do, but bank accounts that are getting smaller and smaller and smaller. Donald Trump delivered, not just talked about it, this isn’t just his vision, it’s what he actually did, he delivered rising wages and a strong border.”
Vice President Kamala Harris: “I was attorney general of a border state. I went after the transnational gangs, the drug cartels, and human traffickers. I prosecuted them in case after case, and I won. So I know what I’m talking about. We know our immigration system is broken, and we know what it takes to fix it. Comprehensive reform that includes strong border security and an earned pathway to citizenship. But Donald Trump does not want to fix this problem. Be clear about that. He has no interest or desire to actually fix the problem. He talks a big game about border security, but he does not walk the walk. Earlier this year, we had a chance to pass the toughest bipartisan border security bill in decades. But Donald Trump tanked the deal because he thought by doing that it would help him win an election. But when I am president, I will sign the bill.”
Arizona Voting Requirements in Flux
Republican members of the House Municipal Oversight and Elections Committee wrote to Arizona’s county recorders, urging them to “promptly update voter rolls and enforce state law that mandates proof of citizenship for voter registration using state forms.” In a letter sent late last month, the lawmakers “reiterate[d] the obligation” of the county elections officials to “remove foreign citizens from voter rolls in accordance with state and federal laws.” Noting the “unprecedented levels of illegal immigration” experienced under the Biden-Harris administration, the committee members underscored the crucial importance of “maintaining accurate voter records.”
Last Thursday, the Ninth Circuit Court of Appeals reversed its own previous ruling that would have required those registering to vote in Arizona to provide proof of citizenship, rather than simply a state form. In a 2-1 decision, the Court overturned a temporary July stay order submitted by Republican legislative leaders, and subsequently argued that the leaders had failed to explain how the form’s use “inflicts an irreparable ‘competitive injury’ on the RNC.” In response to the ruling, Senate President Warren Petersen announced his intention to “tak[e] the case” to the Supreme Court and “file an emergency stay application.”
What Arizona leaders are saying:
House Municipal Oversight and Elections Committee Republicans: “[C]ounty recorders and other election officers are now required to reject Arizona’s state-specific voter registration form submissions that lack documentary proof of citizenship….State and federal laws require removal of ineligible voters from your voter rolls. In light of the unprecedented flow of illegal immigration across the southern border under the Biden Administration since January 2021, it is imperative that you prioritize maintenance of your voter rolls and removal of foreign nationals.”
U.S. Ninth Circuit Court of Appeals: “The RNC alleged that the existence of voters who are registered to vote in federal elections (so called “federal-only voters”) inflicts irreparable harm upon it….Simply put, the RNC has not shown that enforcement of [statute] specifically will prevent a likelihood of irreparable harm pending appeal….Under the circumstances, we are compelled to exercise our discretion to reconsider the motions panel’s order and reinstate the status quo in Arizona as it has been since 2018 pending this expedited appeal.”
Senate President Warren Petersen: “This is just another example of why the radical Ninth Circuit is the most overturned circuit in the nation. They routinely engage in judicial warfare to carry out their extremist liberal agenda that's contrary to the laws our citizens elected us to implement. We will seek assistance from the Supreme Court to ensure only American citizens are voting in our elections. If this principle is not followed, democracy as we know it, and as our Founding Fathers intended, is in jeopardy.”
Arizona Judge Rules on Abortion Ballot Measure Language
Late last month, Maricopa County Superior Court Judge Christopher Whitten sided with Arizona for Abortion Access in preventing the phrase “unborn human being” from appearing on an upcoming November ballot measure. In his decision, Judge Whitten called on the Republican-controlled Legislative Council to use “neutral” language in educational pamphlets being prepared for voters ahead of this fall’s election. In response, House Speaker Ben Toma—who co-chairs the legislative council—announced plans to appeal the “clearly partisan” ruling to the Supreme Court.
The Court’s decision comes after Arizona for Abortion Access previously sued over the council’s ballot measure language, advocating instead for the use of the term “fetus.” Judge Whitten’s ruling in favor of Arizona for Abortion Access asserts that the use of “unborn human being” does not provide an “impartial analysis of the provisions” of the ballot measure, which seeks to establish abortion as a Constitutional right. While Republicans argued that the term “unborn human being” already exists in Arizona statute, Whitten explained that he was “not persuaded that every word chosen by the legislature” is inherently neutral.
What Judge Whitten is saying:
“Defendants argue that the term ‘unborn human being’ is taken directly from Arizona’s current law - A.R.S. § 36-2322(B), and therefore must be neutral. The court is not persuaded that every word chosen by the legislature in every statute it enacts is intended to be a neutral in character. There is no requirement that the legislature chose its words in such a way, and plenty of evidence that they sometimes do not.”
“Other than arguing that the phrase ‘unborn human being’ must be neutral as a matter of law because those words are used in [statute], Defendants offer little to support their argument that it is impartial.”
“The term ‘unborn human being’ is packed with emotional and partisan meaning, both for those who oppose abortion and for those who endorse a woman’s right to choose whether to have an abortion.”
“Accordingly, it is ordered granting Plaintiff’s request for special action relief, a permanent injunction and a writ of mandamus and ordering the Legislative Council to strike the phrase ‘unborn human being’ from its description of the Arizona Abortion Access Act and, instead, adopt an impartial summary of the Initiative that replaces that phrase with a neutral term.”
Other Relevant Headlines
Arizona Grand Jury Wanted to Indict Trump in Fake Electors Case (August 6, 2024) — “A state grand jury in Arizona that charged 18 people this spring in a scheme that sought to overturn Donald J. Trump’s 2020 election loss wanted to indict him, too, according to court papers released on Tuesday. But prosecutors, the papers said, recommended that Mr. Trump should not be charged, citing a Justice Department policy that discourages bringing state and federal cases against the same defendant that are largely based on similar facts.”
Judge says ‘speech restrictions’ in Arizona's elections manual are ‘overbroad, unenforceable’ (August 6, 2024) — “An Arizona judge has ruled certain ‘speech restrictions’ outlined in the state’s elections procedures manual are ‘unenforceable.’ Maricopa County Superior Court Judge Jennifer Ryan-Touhill blocked the Arizona Secretary of State’s Office from enforcing certain provisions intended to prevent voter intimidation at polling places….Judge Ryan-Touhill determined the manual’s restrictions are ‘greater than necessary, vague, overbroad’ and potentially problematic….The Arizona Secretary of State’s Office said the agency intends to appeal.”
Arizona Dept. of Education ‘stifled’ political voices on social media (August 6, 2024) — “The Arizona Department of Education said it would uncensor social media accounts after an Arizona’s Family investigation found the department had blocked or muted about two dozen accounts belonging to activists and politically outspoken individuals….A spokesperson for Arizona Superintendent of Public Instruction Tom Horne said all of the blocks were done by the previous administration….Kathy Hoffman, Arizona’s previous state superintendent, declined to comment. Public records obtained by Arizona’s Family showed the department’s official X account, @azedschools, blocked or muted 28 people.”
Group halts Arizona minimum wage ballot campaign hours before judge rules against it (August 8, 2024) — “Raise the Wage AZ announced Thursday morning it would withdraw its submitted signatures for a planned ballot measure to boost the state’s minimum wage — just prior to a judge’s ruling it would not qualify for November’s ballot. Several hours after the group released a statement about its intentions, Maricopa County Superior Court Judge Scott Blaney ruled against the measure in a consent decree both parties agreed to.”
As workers brave record-breaking heat, Labor secretary visits to talk protections (August 8, 2024) — Acting U.S. Secretary of Labor Julie Su “was in Tempe to talk alongside union leaders about proposed nationwide rules to compel employers to provide workers greater protection from heat, including shade, water and breaks….Phoenix recently enacted rules to protect workers from heat. Su pointed to examples of local officials elsewhere attempting similar measures only to be overruled by their state governments in Florida and Texas. U.S. Rep. Greg Stanton, a Democrat whose district includes Tempe, joined Su and underscored the urgency of such protections as temperatures rise.”
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.