The Round Up: The Grand Jury State
The Round Up: The Grand Jury State
Mayes announces indictment of "fake electors" and Arizona House approves repeal of 1864 abortion ban.
In this round up: Continuing a trend in recent weeks, leaders in both parties have prioritized abortion policy following the Arizona Supreme Court’s decision allowing the state to enforce an 1864 ban. Potential policy solutions are beginning to take shape, with measures currently advancing in both chambers of the state legislature. Given the partisan makeup of both houses, Democrats will likely need to gain the support of two to three Republicans for any abortion legislation to have a shot at passing.
After a years-long investigation, Attorney General Kris Mayes officially indicted nearly twenty people associated with President Trump’s 2020 campaign in Arizona. Following Michigan, Georgia, and Nevada, Arizona became the fourth state to levy charges against electors who falsely cast ballots for former-President Trump during the last Presidential election. With another election just over six months away — likely featuring the same two major candidates as last time — Arizona will remain in the national spotlight for the foreseeable future.
Arizona Abortion Votes
Last Wednesday, the Arizona House voted in favor of legislation that would repeal the state’s 1864 abortion ban. Representative Stephanie Stahl Hamilton’s HB 2677 passed with a 32-28 vote and has since been transmitted to the Senate for consideration. Three House Republicans — Representatives Matt Gress, Tim Dunn, and Justin Wilmeth — joined with Democrats to ensure the bill’s passage.
The following day, Governor Katie Hobbs and Attorney General Kris Mayes jointly announced the launch of a website to “educate Arizona women about their healthcare rights and resources” following the Supreme Court’s decision. ReproductiveHealth.az.gov includes information on “where to find reproductive healthcare providers and resources” and a “Frequently Asked Questions” section. Additionally, the website notes that the “[...] earliest the 1864 near-total abortion ban could take effect is June 27, 2024.”
Today, it is likely that HB 2677 will receive a vote in the Senate. While the Senate version of the legislation — which was sponsored by Senator Anna Hernandez — has received its first and second reading on the floor, a third reading is necessary for passage. Senate Democrats will need to secure votes from at least two Republicans for the repeal to pass. Republican Senators Shawnna Bolick and T.J. Shope stand out as two potential flip candidates, especially given their support of a measure providing for the introduction of the repeal bill earlier this month.
What Arizona lawmakers are saying:
Governor Katie Hobbs: “I am glad to see the House follow my calls to repeal the archaic 1864 total abortion ban that could jail doctors and endanger the lives of women in Arizona. I’m thankful to House Democrats who worked relentlessly for years to repeal this draconian ban. Now, the Senate must do the right thing and send this repeal to my desk. Make no mistake about it, radical legislators got what they wanted with the 1864 total abortion ban. I have had to veto legislation attacking women’s rights and threatening access to IVF, and this legislature still refuses to take action to guarantee access to contraceptives. As long as I am Governor, I will do everything in my power to protect and expand reproductive freedom, and I will continue to serve as a backstop to the harmful legislation being pushed by extremists in an attempt to control women’s bodies. But there is more that needs to be done. I encourage every Arizonan to make their voice heard at the ballot box this November as Arizonans decide on enshrining reproductive freedoms in our state’s constitution.”
Attorney General Kris Mayes: “I am grateful that sanity prevailed in the Arizona House today with the repeal of the draconian, near-total 1864 abortion ban. That 160 year-old-law that criminalizes doctors and nurses for caring for their patients and endangers the lives and health of woman [sic] across our state has no place in [sic] the 21st century. I call on the Senate to quickly follow suit and join the House in repealing this law. Unfortunately, without an emergency clause that would allow the repeal to take effect quickly, we may still be looking at a period of time when the 1864 law could potentially take effect. My office continues to look at every legal option available to prevent that from ever happening.”
House Speaker Ben Toma: “It would have been prudent and responsible to allow the courts to decide the constitutionality of the pre-Roe law. Instead, we are rushing to judgment for reasons I simply cannot understand. I fervently disagree with my Democrat colleagues who advocate for extremism through unlimited, unrestricted, and unregulated abortions. Abortions are not healthcare. Abortion kills life. Abortion kills the most vulnerable members of our society. Just because the mother of that child may not want that child, does not mean that the child is not precious and have inherent value…I feel compelled to reiterate my personal view that this decision to repeal the abortion ban in Arizona effectively means that we are allowing the murder of unborn children up to 15 weeks of pregnancy. I call on Governor Hobbs to rescind her executive order stripping county attorneys of their authority to prosecute abortion-related crimes.”
House Democratic Leader Lupe Contreras: “We did what the people wanted us to do. The vast majority of Arizonans want this cruel and out-of-step ban repealed, and that’s where we are now headed. I am proud of our caucus for staying focused, staying disciplined and sticking together to make the vote on our bill happen. Now we wait for the Senate to do the right thing and get this to the Governor's desk. If this ban is repealed, it gives our allies on this issue an excellent opportunity to argue in court for an injunction to keep the ban from ever taking effect, even temporarily, until the repeal officially becomes law 90 days after we adjourn the session.”
Representative Matt Gress: “Today, the Arizona House acted on a bipartisan basis to repeal our state’s territorial abortion law that is unworkable and out of line with the values of Arizonans. As someone who is both Pro-Life and the product of strong women in my life, I refuse to buy into the false notion pushed by the extremes on both sides of this issue that we cannot respect and protect women and defend new life at the same time. I urge my Senate colleagues to take up this matter quickly.”
Mayes Hands Down Indictments
Last week, Mayes announced two waves of indictments related to the “fake elector scheme” conducted by supporters of former President Trump during the 2020 presidential election. On Wednesday, Mayes announced charges — including fraud, forgery, and conspiracy — against a total of 11 Arizona Republicans. Just two days later, Mayes announced that the state’s grand jury had returned additional indictments against five people associated with the former president. Between the two sets of indictments, the following individuals were implicated: State Senators Jake Hoffman and Anthony Kern; former state GOP chair Kelli Ward and her husband, Michael Ward; RNC Committeeman Tyler Bowyer; GOP activist Nancy Cottle; former GOP U.S. Senate candidate Jim Lamon; former Cochise County Republican Committee Chair Robert Montgomery; former Gila County GOP Vice Chair Samuel Moorhead; GOP activist Lorraine Pellegrino, former Arizona GOP Executive Director Gregory Safsten; former Trump lawyer John Eastman; former Trump aide and current Trump advisor Boris Epshteyn; RNC senior counsel for election integrity and former Trump campaign attorney Christina Bobb; former Trump campaign attorney Jenna Ellis; and former Trump campaign aide Michael Roman. According to Mayes’ office, additional defendants have been indicted, but they “have not yet been served their indictment.”
Following the indictments, Democrat State Senator Brian Fernandez sent a letter to Senate President Warren Petersen requesting disciplinary action against Senators Hoffman and Kern. In the letter, Fernandez wrote that their joint indictment “profoundly challenges the integrity and trust that serves as the bedrock of our esteemed institution.” Noting the “gravity of the charges,” Fernandez urged Petersen to remove Hoffman and Kern “from all committee assignments […] pending the resolution of their legal proceedings.” In response to Fernandez, Petersen commented that Arizona Democrats “seem to have forgotten our citizens are presumed innocent until proven guilty, and they have the right to due process.” Further, Petersen emphasized that “[...] there must be a conviction from a court of law or recommendation from the Senate Ethics Committee before taking any rash action.”
What Arizona lawmakers are saying:
Senator Brian Fernandez: “This moment demands our utmost attention because the world is watching us. Attorney General Kris Mayes announced yesterday that the State Grand Jury returned indictments in the ongoing investigation into the fake elector scheme in Arizona, including State Senators Jacob Hoffman and Anthony Kern. The charges include fraud, forgery, and conspiracy — class 2, 4, and 5 felonies. In the letter sent to President Petersen, I express that we must uphold the presumption of innocence afforded to every American; however, the potential repercussions of these accusations on the public’s perception of the legislative legitimacy are too consequential to overlook. I look forward to the President’s response and will continue to update the people of Arizona on this ongoing matter.”
Senate President Warren Petersen: “[State Senator Brian Fernandez] and his colleagues in the Democrat party seem to have forgotten our citizens are presumed innocent until proven guilty, and they have the right to due process. Not one of our members has been convicted of any crimes, nor any ethics violations, prompting the necessity of any punishment. I believe in upholding the Constitution, and I believe in the rule of law, and that means I will not infringe on anyone’s fundamental right to a fair and impartial trial or hearing. There must be a conviction from a court of law or recommendation from the Senate Ethics Committee before taking any rash action. It wasn’t that long ago that there were accusations at the Capitol about Senator Fernandez harassing someone. Fortunately for Senator Fernandez, we allowed for due process without making knee jerk decisions on punishment. Unlike some people, we will not base questions of justice on political party.”
House Democratic Leader Lupe Contreras: “The 2020 election was free and fair, and won squarely by President Joe Biden. The effort to send fake alternative electors to Washington, D.C., in the midst of an orchestrated and violent insurrection was a desperate, shameful and blatantly illegal attempt to hold onto power despite the will of the American people. An empaneled Grand Jury of Arizona citizens agreed with this assessment, and we appreciate Attorney General Kris Mayes for bringing forward these indictments and for her efforts to hold accountable those who would illegally undermine our democracy and American institutions. It’s disappointing, but not surprising, that two of those indicted are currently serving in the Arizona Senate. If they had any integrity, they would resign immediately.”
Senate Democratic Leader Mitzi Epstein: “I appreciate Attorney General Mayes’ leadership in ensuring that Arizona’s fake electors are held accountable. The individuals who played into and spread the big lie that the 2020 election was stolen from Donald Trump are dangerous to our nation’s democracy. The only way to prevent these types of future assaults on our republic is to send a clear message to those attempting to derail peaceful transfers of power: if you attempt to subvert the will of the voters and undermine our state or federal elections, there will be legal consequences.”
Senate Democratic Assistant Leader Juan Mendez: “Fake electors and insurrectionists have no place in our legislature. Today, the State Grand Jury and Attorney General Mayes did the right thing by holding the defendants who were involved in this conspiracy accountable for their actions. This is a strong first step in preventing future attacks on our democracy and ensuring that Arizonans are represented by people who will give them a voice at our Capitol, safeguard the basic integrity of [our] state legislature, and protect the rights of every eligible voter in Arizona.”
Other Relevant Headlines
Arizonans Celebrate Colorado River Tribes’ Landmark Water Agreement (April 26, 2024) - “Arizona’s Governor and [Arizona Department of Water Resources] Director joined with the Colorado River Indian Tribes and top federal officials on Friday in signing documents implementing an agreement allowing the tribes to market portions of their Colorado River allocation to water users off-reservation. The signing event represents a critical step to implement the Colorado River Indian Tribes Water Resiliency Act of 2022. Present at the event to execute the agreements at the Bluewater Resort on the CRIT reservation near Parker were Arizona Governor Katie Hobbs, U.S. Senator Mark Kelly of Arizona, as well as Secretary of the Interior Deb Haaland, Bureau of Reclamation Commissioner Camille Calimlim Touton and Tom Buschatzke, Director of the Arizona Department of Water Resources.”
72 people arrested during pro-Palestinian protests on ASU campus (April 26, 2024) - “72 people were arrested early Saturday morning amid a pro-Palestinian protest at Arizona State University that started Friday over the Israel-Hamas conflict. ASU confirmed the arrests Saturday morning, saying the group set up an unauthorized encampment in violation of university policy. The protesters are asking for ASU to cut ties with Israel and for ASU President Michael Crow to resign among other things…At colleges across the United States, students are leading protests against the ongoing conflict between Israel and Hamas, as well as institutional ties between universities and Israel. These protests have prompted the deployment of law enforcement in many cases, resulting in the arrests of hundreds of students and some injured officers on campuses.”
Apache Stronghold stakeholders ask 9th Circuit to revisit Oak Flat case (April 29, 2024) - “The [9th U.S. Circuit Court of Appeals] upheld a ruling last month that the site of the planned Resolution Copper mine is not subject to laws protecting religious freedom. At the heart of the case lies the sacred site of Oak Flat in the Tonto National Forest that the court authorized the transfer of to a foreign mining company last month. The Tohono O’odham Nation and Native American rights groups asked the court to rehear the case. Last March, a panel voted 6-5 to uphold a decision in favor of the mine. The tribe argues the ruling propagates a legacy of injustice and control of tribes’ sacred places. And it argues that the 9th Circuit holds a disproportionate authority over tribes because more tribes are subject to the court’s decisions than any other appeals court in the country. The sacred site is also on top of the world’s third largest deposit of copper ore.”
Gilbert seeks members for advisory task force to tackle teen violence (April 29, 2024) - “As Gilbert continues to grapple with teen violence, the town is seeking members of the public to serve on an advisory task force. The 11-member group will be a mix of adults and teens, including at least four current high school students. Town Councilmember Kathy Tilque said the council will review applications and help choose finalists, who will then be interviewed…Applications must be submitted by May 6.”
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.