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AZ Legislative Update 7-30-2021

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Policymakers have not been bored since the Arizona legislature adjourned the 2021 regular session. House and Senate members continue to express frustration with each other, and Senate Republicans still can’t agree or move past old disagreements. The legislature’s actions are shaping debate outside the Capitol, as well, and several high-profile topics will continue to play a role in political alliances throughout the rest of the year.

  • The tax cuts Love them or hate them, the tax cuts enacted this year are significant, and the debate about them outlived the legislative session. Several education groups are collecting signatures on three initiatives that would ask voters to repeal the income tax cuts, override the cap on the income tax rate, and eliminate the new income tax category for small businesses. If the initiatives succeed and voters defeat the tax changes, billions of dollars designated for those tax cuts would remain in state coffers awaiting the legislature’s decisions on how to spend it. The initiative process isn’t easy, and the education groups must collect 118,283 valid voter signatures by September 28. They also face a legal challenge: Supporters of the tax cuts asked a judge to block the initiative effort, arguing that the Arizona Constitution prevents citizens from overturning legislative actions related to funding for state government and institutions.  
  • The initiatives The tax cut repeals aren’t the only initiatives on the streets this summer. An advocacy group also hopes to collect enough signatures to ask voters to overturn the legislature’s changes to the Permanent Early Voting List, funding for elections, and election authorities. Not all potential ballot measures are trying to overturn legislative actions, and some citizens hope to take their own ideas to the voters next year. They’ve filed initiatives that would change campaign finance laws, cap university tuition, and prescribe treatment of farm animals. (Click here for details on all the initiatives filed this year.)  
  • The 2020 election The Arizona Senate’s review of the 2020 election is wrapping up, but the leaders of the effort aren’t getting along. We now know that private donors paid for most of the process. The Senate still wants more information from the Secretary of State, Maricopa County, and maybe the voters, as well. A Maricopa County Superior Court judge “completely rejected” the Arizona Senate’s argument that it shouldn’t have to disclose who is funding the recount of 2020 Maricopa County ballots. Twitter permanently suspended accounts connected to the Senate’s efforts. The recount is still getting national attention. Maricopa County bought new election equipment. The U.S. Department of Justice has a warning for states who want to audit election results. The U.S. House opened an investigation into the Arizona Senate’s efforts; Arizona Democrats want the Arizona Attorney General Mark Brnovich to do the same, and he wants more details.  
  • The pandemic As Arizona schools reopen, there’s renewed debate about the legislature’s decision to ban mask mandates. Governor Ducey said the state will not reinstate any mask requirements and urged Arizonans to prevent the spread of COVID-19 by getting the vaccine. The Governor set a schedule to repeal many executive orders related to the pandemic, deferring to the legislature’s action on public health standards. His COVID-19 emergency declaration remains in place. Dr. Cara Christ, the Director of the Arizona Department of Health Services and one of the key faces of Arizona’s COVID-19 response, announced she’s taking a new job.

Budget Update: Record-Setting Revenues Continue 

It’s the first month of the state’s new fiscal year, and the state budget already has a $929 million surplus. The legislature’s economists are still finalizing the numbers for the last fiscal year, but early numbers are in, and they show a record-breaking year for the state’s finances. Arizona’s General Fund grew by 28.8% last year and collected $14.17 billion – the highest growth since 1975. Almost every kind of tax brought in more than expected, and even the areas of the economy that were hit hardest by the pandemic (the restaurant and hospitality sector) saw some growth. The legislature’s economic advisors will meet this fall to provide additional insight into the state’s long-term financial forecasts.  

Resign-to-Run Laws Don’t Hinder Legislators’ Campaigns  

In 1980, Arizona voters approved a constitutional amendment that barred elected officials from running for another office until the final year of their current term. It’s the first year of the legislative term, though, and a total of 11 sitting legislators – and several statewide officials – have already kicked off their campaigns for higher office. They’re not violating the constitution; they’re just following a revised standard the legislature enacted for the “resign-to-run” law. In 2013, the legislature amended the law to clarify that lawmakers could kick off their campaigns and start raising money – they just can’t file their nominating petitions to be on the ballot until the last year in the term of their current elected office. Since next year is the final year of the term for the legislators and statewide officials, Arizona politicians can safely pursue their dreams of higher office without leaving the job they already have. It remains to be seen whether their dreams of a new elected role will inspire a short legislative session in 2022.

Executive Nominations 

This month, Governor Ducey nominated a new Arizona Supreme Court Justice, new members of the Maricopa County and Pima County Superior Courts, two new members of the Arizona Board of Regents, and a new student regent.

In the Courts 

The legislature asked the Court of Appeals to agree that it’s exempt from the state’s Open Meeting Laws. A federal judge ordered Arizona’s prison health care system to go back to the drawing board and set a new pre-trial schedule. Another federal judge said the Arizona Attorney General couldn’t challenge a federal law that bans states from using COVID-19 aid funding for tax cuts. A conservative group filed claims against the City of Flagstaff’s land use regulations. Flagstaff is suing the state for its policies on the City’s minimum wage. A federal court of appeals said former Representative Don Shooter didn’t show that his rights were violated during his expulsion from office. Governor Ducey joined other Republican governors to urge the U.S. Supreme Court to let states regulate abortion.

In the Elections 

Arizona set a new record for voter registration. Polling shows that a majority of Arizona Republican voters believe Trump won the 2020 Arizona election and a majority of Arizona Democrats want another Democrat to run against Senator Kyrsten Sinema. The 2020 election is still shaping political alliances for 2022. The Arizona Independent Redistricting Commission is touring the state, and they want your ideas about redistricting maps. (Here’s why the Commission’s work matters.) Businessman Blake Masters joined the Republican race for the U.S. Senate and Representative Regina Cobb (R-Kingman) wants to be the next State Treasurer. Election workers have been getting threats, and the FBI is taking them seriously.

In the News

This study says Arizona’s freeway signs get their message across. The state’s unemployment funding got a big boost. The Arizona Department of Education has big ideas about technology and digital equity. Tucson has its own ideas about gun laws. Governor Ducey and legislative Republicans want Congress to give charter schools equal opportunities for new funding. There’s renewed focus on infrastructure and passenger rail service. Arizona has a shortage of affordable housing. The U.S. Census hit a big speed bump. This group wants to stop the status quo on the Colorado River. The federal government won’t change the definitions of “metropolitan statistical areas,” after all. The Governor declared a state of emergency related to the flash floods in Coconino County. Former U.S. Senator Jeff Flake and Cindy McCain got new jobs. This documentary could help new lawmakers learn from the mistakes of the past.

On the Bright Side…  

These island residents revived an old way to communicate, and Truffles is changing perspectives.

Posted:  6 August, 2021
Author: Susie Cannata
Read more from Susie Cannata

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