AZ Legislative Update - November 6, 2021

The quest for a complete Arizona legislature continues as more legislators choose to leave office before their term ends. Representative Charlene Fernandez (D-Yuma) is resigning to take a job with the federal government, and Representative Randy Friese (D-Tucson) set November 15 as the date for his previously-announced decision to return full-time to his career as a surgeon. Representative Becky Nutt (R-Clifton) resigned this week without explaining her decision.

County supervisors around the state are working hard to keep up with the growing number of vacancies. Maricopa County Supervisors appointed Representative Christian Solorio (D), an architect, to fill the House seat vacated when Representative Raquel Terán moved to the Senate. Pinal County officials selected Teresa Martinez (R), who works for U.S. Congressman Paul Gosar, and Neal Carter (R), an attorney, to fill House seats emptied by the resignation of Representative Bret Roberts and the death of Representative Frank Pratt.

Next week, the Pima County Board of Supervisors is scheduled to select a new House member to fill the seat left empty when Representative Stephanie Stahl Hamilton took her new Senate seat. This turnover in legislators is very unusual, and it’s likely to continue: Several other lawmakers have hinted they may leave the legislature to focus on their campaigns for higher office.

Arizona Supreme Court Rules Against Legislative Budget Process

Arizona’s Supreme Court justices issued a swift and unanimous verdict against legislative Republicans’ budgeting process this week, bluntly stating that they upheld a lower court decision that the policy-heavy budget bills violate the Arizona Constitution’s requirement that bills focus on a single subject. The Supreme Court’s reasoning will come in a full opinion to be published later. That opinion will have a significant impact on how legislators negotiate and enact state budgets from now on.

In the meantime, this week’s ruling blocks dozens of policies that were wrapped into this year’s budget bills, including:

• A ban on COVID-19 mitigation practices in schools, community colleges, universities, and Arizona governments;
• Restrictions to an Arizona Governor’s authority during future states of emergency;
• Changes to Arizona’s election laws;
• Limits to how specific topics are taught in Arizona classrooms;
• A funding mechanism intended to prepare for hosting the Super Bowl in 2023;
• Continuation of a study on missing and murdered Indigenous peoples.

All seven Supreme Court justices were nominated by Republican governors – including five selected by Governor Ducey. The Governor’s office said he is disappointed in the ruling.

Legislators Call for Special Session

The Supreme Court ruling addresses the way the legislature enacted the budget provisions, not the policies themselves, and some Republican lawmakers want Governor Ducey to call a special session so they can re-enact the changes in separate bills. They aren’t likely to succeed, however. The Governor has not shown interest in a special session – especially since the start of the 2022 regular session is just nine weeks away.

Even if there were a special session, many of the policies might not have the votes needed to pass them – some of the items had failed in separate bills before they were included in budget negotiations. The legislative vacancies would make it even harder to pass controversial proposals.

Supporters of the sidelined laws aren’t deterred, however: They’ve already begun drafting identical proposals to introduce in the 2022 session.

Redistricting Panel Publishes Maps

After long hours of debate and deliberation, the Arizona Independent Redistricting Commission has prepared its new political maps and wants the public to share their thoughts on the changes. The maps are not final, but they are nearing completion and they will have a big impact. The current maps would change the political calculations for some current lawmakers.

Click here for information on how to participate in the Commission’s conversation before the new Congressional and legislative maps are approved.

In the Elections

Arizona Secretary of State Katie Hobbs (D) told Congress about her concerns for election workers’ safety.

Arizona Attorney General Mark Brnovich (R) is investigating the 2020 election processes in Maricopa County – a move inspired by a request from Senate President Karen Fann (R-Prescott) but condemned as “the worst kind of abuse office that a prosecutor could engage in” by the former Maricopa County Recorder.

Next month, a judge will consider whether the Arizona Senate is in contempt of court because of the Cyber Ninjas’ unwillingness to release documents related to the ballot recount. The Senate President says the company is in breach of its contract. Newly released records show Cyber Ninjas billed $9 million for its work on the recount.

The Arizona Senate Government Committee – a key player in changes to election laws – got a new chair. Senator Kelly Townsend (R-Apache Junction) is one of the most vocal supporters of the Senate’s recount of Maricopa County ballots and is expected to use her new role to advance significant changes to the state’s election processes.

In the Courts

Arizona’s prison healthcare system is back in court. The Arizona Attorney General plans to challenge the federal government’s vaccine requirements on private employers. A federal appeals court upheld Arizona’s law that grants car dealers access to specific databases. A Maricopa County Superior Court judge blocked a new Arizona law that prescribes membership of police oversight entities. President Joe Biden nominated a new federal prosecutor in Arizona.

In the News

Arizona has a new program intended to reduce the teacher shortage. Governor Ducey believes he can use federal COVID-19 aid funding for schools without mask requirements, despite a recent warning from the U.S. Department of Treasury. Senate President Karen Fann won’t run for another term in office. Arizona has a new Mine Inspector after long-time incumbent Joe Hart resigned. Former Arizona Attorney General Grant Woods – a prominent figure in Arizona politics – passed away last month. Arizona increased funding for housing programs and homeowners. Rep. Quang Nguyen wants to be Arizona’s gun rights champion. Rep. Amish Shah (D-Phoenix) came to the rescue on an airplane. Two Arizonans are newly confirmed U.S. ambassadors. Arizona got the first totals on its tax revenues from sports betting. The Arizona Capitol’s copper dome is getting a makeover.

On the Bright Side...

Boji knows where he wants to go, and Representative Jasmine Blackwater-Nygren welcomed a daughter.