Arizona: Peoria council candidate left off ballot — again | The Arizona Republic

Peoria City Council candidate Ken Krieger’s name was not on ballots sent out last week to more than 8,500 residents. County officials scrambled to fix their error by mailing out replacement ballots this week, but his name once again was left off. “All I wanted to be was on the ballot,” Krieger said. “I understand that mistakes can be made but when it happens twice, it’s just trampling on a person’s constitutional rights.” The repeated omission has forced Peoria officials to call an emergency City Council meeting today so council members can decide what to do next, Deputy City Clerk Linda Blas said. What that decision could be is unclear. “They’re still discussing (options),” Blas said. “The council will make the decision on what instructions they would like to give to (the) county.” Maricopa County Elections Department Director Karen Osborne said the city has various options, including a third attempt to send out the correct ballot or canceling this month’s primary election for the council district and holding it with the general election Nov. 4.

Arizona: Elections board mistake with Peoria candidate will cost taxpayers $15K | West Valley News

A Maricopa County Board of Elections’ error where a candidate’s name was left off the ballot is likely to cost taxpayers thousands of dollars. Karen Osbourne, the Maricopa County elections director, estimates it will cost taxpayers about $15,000 to mail out corrected ballots to nearly 8,500 residents. “We had 41 challenges this year, 10 days to hold and decide, and I failed to put him back on the ballot,” said Osbourne. She said she regrets the error.

Arizona: Election officials seek to avoid 2012 delay | Associated Press

Arizona’s most populous county will try to cut down on provisional ballots and speed up election results in this year’s races, officials said. The Maricopa County Elections Department is seeking to avoid a repeat of 2012, when provisional ballots prolonged an official count by nearly two weeks. County Recorder Helen Purcell said last week many voters used provisional ballots two years ago because they didn’t vote with an early ballot, the Arizona Capitol Times reported. Voters thought the early ballots were samples and threw them out, Purcell said.

Arizona: Tom Horne sues to stop Clean Elections investigation | Arizona Republic

Attorney General Tom Horne has filed a lawsuit, challenging the right of the Citizens Clean Elections Commission to investigate … Attorney General Tom Horne. For a guy who says he wants the truth to come out, he’s fighting awfully hard to squelch it. In a lawsuit filed Thursday, Horne’s asking that a Maricopa County Superior Court judge block the Clean Elections Commission from investigating him. Horne’s been on the hot seat for a while now. The latest scorcher comes courtesy of a former employee who claims Horne and other members of his executive staff were campaigning for his re-election on the taxpayer’s dime. Sarah Beattie produced e-mails sent from private accounts during work hours and said Horne often held strategy sessions and even gave out her work number for campaign-related calls.

Arizona: Redistricting panel urges US Supreme Court to reject challenge from state lawmakers | Arizona Capitol Times

A bid by state lawmakers to take back the power to draw congressional lines is legally flawed and should be rejected, the lead attorney for the Independent Redistricting Commission told the nation’s high court. Mary O’Grady acknowledged that the U.S. Constitution does say that the “times, places and manner” of electing members of Congress “shall be prescribed in each state by the Legislature thereof.” But in legal papers filed with the Supreme Court, O’Grady said that doesn’t necessarily mean the 90 people who serve in the Arizona House and Senate. O’Grady pointed out that the Arizona Constitution, while setting up the two legislative bodies, spells out that the people “reserve the power to propose laws and amendment to the (Arizona) constitution and to enact or reject such laws and amendments at the polls, independently of the legislature.” She said that’s exactly what happened in 2000, when voters created the redistricting commission: They constitutionally took away the power that lawmakers had had since statehood to draw both congressional and legislative lines.

Arizona: Preparing for county elections | Benson News-Sun

In preparation for the upcoming primary and general elections, Juanita Murray, director of the Elections Department and Special Districts, held a meeting for poll workers and the interested public to update them on the changes in technology that they will be able to use. “We’re 100 times more prepared for this election cycle,” Murray said. “I’m a firm believer that there is always room for improvement to make the process more efficient. One of my main goals today is to improve communication, so that when the election rolls around you’ll be able to answer any questions at the polls.” More than 300 people will be hired to help with the elections from poll workers to troubleshooters. That means a lot of training time to get them ready for the election days.

Arizona: Cesar Chavez to be removed from ballot, plans to appeal | Arizona Republic

A judge ruled Tuesday that Cesar Chavez, the former Republican who changed his name from Scott Fistler, will be removed from the primary ballot in the 7th Congressional District because hundreds of his signatures were invalid. Chavez, who acted as his own attorney in a hearing which veered from comical antics to tearful testimony, vowed to appeal the decision to the Arizona Supreme Court. He asked supporters to “funnel money” to his campaign and find him legal counsel. The ruling caps a bizarre episode in Arizona politics, one observers have called unprecedented. It attracted international media attention when The Republic revealed the full story behind Chavez, the candidate who chose the name of a deceased civil-rights leader and registered as a Democrat for political gain in the heavily Hispanic left-leaning district. He had lost two previous elections. His familiar name threatened to siphon votes in a hotly contested race to replace longtime retiring Rep. Ed Pastor, D-Ariz.

Arizona: ‘Cesar Chavez’ removed from ballot | Politico

An Arizona congressional candidate who legally changed his name to Cesar Chavez will be removed from the Democratic primary ballot because of invalid nomination signatures, a judge ruled Tuesday. Judge John Rea ruled that almost half of the nearly 1,500 signatures gathered by the candidate formerly known as Scott Fistler to get on the Aug. 26 ballot were invalid. That put him 295 signatures shy of the 1,039 needed to qualify. Chavez, who acted as his own attorney during Tuesday’s hearing in Maricopa County Superior Court, has until June 27 to appeal and said he will do so.

Arizona: Scott Fistler, “Cesar Chavez”: Arizona congressional race devolves into war over Hispanic surnames. | Slate

On Aug. 26, Democratic voters in Arizona will choose a successor to 7th Congressional District Rep. Ed Pastor. It’s a safe, blue seat, covering the most liberal parts of Phoenix and Glendale. And it’s heavily Hispanic. That’s what led a Republican trickster named Scott Fistler to pay $319 to legally change his name, to “Cesar Chavez,” and attempt to get on the ballot. It was difficult to overstate the chintziness of the move. On his website (now offline), Fistler posted pictures of mobs of people marching in “Chavez” shirts—he took them from rallies for the late Venezeulan President Hugo Chavez. When I was in Phoenix last week, it was widely understood that Fistler would face challenges to his ballot petitions. In interviews, he’s responded to the challenges by saying “the Cesar Chavez train is smoking and it’s not going to stop until the election” and “my campaign is too legit to quit.” So we’re not talking about a serious person. Here’s where the story veers into pure derp. Ready? OK.

Arizona: Candidate Cesar Chavez accused of ‘confusing voters’ | KPHO

The grandson of Cesar Chavez is challenging the Arizona congressional candidate who has been using the farm labor leader’s name. Alejandro Chavez has filed a legal complaint in the Arizona Superior Court asking that Cesar Chavez, formerly known as Scott Fistler, be removed from the Democratic primary ballot. “This is an attempt to fool voters. This is nothing more than that, so that’s not right,” Alejandro Chavez said. Fistler previously ran for Phoenix City Council in 2013. He has since changed his name and party affiliation from Republican to Democrat.

Arizona: Two-time GOP loser changes party to Democrat, name to Cesar Chavez for new congressional bid | Arizona Capitol Times

Scott Fistler didn’t have much luck as a Republican candidate. He lost a 2012 write-in campaign against U.S. Rep. Ed Pastor, then lost a 2013 bid for a Phoenix city council seat now held by Laura Pastor, Ed’s daughter. All that could change, though, just like Fistler’s name and party registration. After petitioning a state superior court last November and paying $319, Fistler now legally shares the name of the celebrated labor movement icon, Cesar Chavez. Earlier this year, Chavez (formerly Fistler) became a Democrat, and – before Ed Pastor announced his retirement from Congress – filed to run in the heavily Hispanic 7th Congressional District. In his petition for a name change, Fistler wrote that he had “experienced many hardships because of my name.”

Arizona: Federal panel upholds Arizona legislative map | AZ Central

A divided federal court has upheld the legislative map drawn by the Arizona Independent Redistricting Commission, removing any question about which districts candidates would run in this year. The 2-1 decision by a federal panel came 13 months after the trial, which was sought by a group of Republican voters, including the wife of Senate President Andy Biggs. The plaintiffs argued the map approved by the redistricting commission in 2011 violated equal protections as ensured by the U.S. Constitution because partisanship motivated the creation of some of the 30 districts. But the court assumed that partisanship was not a contributing factor as it weighed the legal arguments in the case, although it conceded that in one district in northern Pinal County, it contributed to a commission decision to shift the boundary lines.

Arizona: Court upholds legislative district lines | Arizona Daily Sun

In a 55-page opinion, the three-judge panel acknowledged that some of the lines drawn by the Independent Redistricting Commission created districts that were larger or smaller in population than others. And they said the evidence shows that “partisanship played some role in the design of the map.” But the court ruled that the Fourteenth Amendment to U.S. Constitution does not require that legislative districts have precisely equal population. Instead, the judge said, there can be “divergencies” that are necessary to achieve other goals. And in this case, they said, that the commission’s decision to manipulate the lines were “primarily a result of good-faith efforts to comply with the Voting Rights Act” and its prohibitions against diluting minority voting strength, and not primarily to give Democrats a political leg up.

Arizona: Republicans Lose Legal Challenge to State Voting Map | Businessweek

Arizona Republican voters lost a challenge to an electoral districts map for the state assembly that they said favors Democrats by putting too many voters in districts with Republican majorities. A panel of federal judges voted 2-1 to reject the argument that the redrawn map by the state’s Independent Redistricting Commission violated the constitutional rights of Republican voters to equal protection and can’t be used in elections. “We conclude that the population deviations were primarily a result of good-faith efforts to comply with the Voting Rights Act, and that even though partisanship played some role in the design of the map, the Fourteenth Amendment challenge fails,” according to the panel’s majority opinion.

Arizona: Brewer signs bill limiting authority of Citizens Clean Election Commission | Associated Press

A bill preventing the Arizona Citizens Clean Elections Commission from investigating possible campaign contribution violations by candidates who don’t participate in the program has been signed by Gov. Jan Brewer. Senate Bill 1344 allows only the Secretary of State and state Attorney General to investigate. The Republican governor signed the bill Thursday. It passed the GOP-controlled Legislature this week mainly along party-line votes.

Arizona: Governor signs bill to repeal 2013 election reform law, kills referendum | Arizona Capitol Times

It’s official: Arizonans won’t get the last word on a series of controversial changes in state election law. Without comment, Gov. Jan Brewer signed legislation Thursday to repeal the 2013 law. More to the point, by repealing the law the governor killed the referendum drive that had held up enactment until the voters made the final decision. Democratic lawmakers who opposed the 2013 law sought to keep the referendum on the ballot, saying voters deserved to have their say. Foes of the changes gathered more than 146,000 signatures on petitions to put the law on “hold” pending the election. But Democrats also were interested in attracting voters to the polls in November who objected to the changes forced through by the Republican-controlled Legislature. That included limiting who can take someone else’s early ballot to polling places, erecting some new procedural hurdles in the path of citizens proposing their own laws, and requiring minor parties to get far more signatures to get their candidates on the ballot.

Arizona: Brewer signs bill repealing elections overhaul that angered many and led to voter referendum | Associated Press

13 elections overhaul by Republicans that left voter-rights groups incensed and led to a petition drive that put the law on hold and referred it to voters. The bill repealed a sweeping elections overhaul that Republicans passed in the final hours of the 2013 legislative session, angering Democrats, some conservative Republicans and third-party candidates. They came together to collect more than 146,000 signatures to place the law on hold and put it on the November ballot. Repealing the law cancels the voter referendum. Brewer issued no statement regarding her action. Both houses of the legislature approved the bill along party lines earlier this month.

Arizona: Court dismisses challenge to Arizona congressional maps | Arizona Daily Star

Arizona voters have a constitutional right to wrest control of drawing congressional boundaries from the Legislature, a federal court ruled late Friday. U.S. District Judge Murray Snow acknowledged the arguments by Peter Gentala, an attorney for the Republican-controlled Legislature, that the U.S. Constitution spells out that the “times, places and manner” of electing members of Congress “shall be prescribed in each state by the Legislature thereof.” But Snow, writing for the majority of the three-judge panel, said he reads nothing in the Constitution that precludes the voters, as the ultimate lawmakers, from deciding that legislative chore and instead giving it to the Independent Redistricting Commission, which is what they did in 2000. That makes the lines the commission drew for the state’s nine congressional districts legal and enforceable, he said.

Arizona: Senate repeals 2013 election law | Associated Press

The Arizona Senate has voted to repeal a sweeping 2013 Arizona election law that included trimming the state’s permanent early voting list and a host of other provisions that incensed voter-rights advocates. Majority Republicans who pushed House Bill 2305 through last June voted Thursday to repeal the law 17-12. The House passed an identical bill last week. The bill will now go to the governor. Republicans pushing the repeal say they are following the will of the voters and expressed worry that the many provisions in the bill could not be changed without a supermajority vote of the Legislature if it is repealed by voters. Democrats worry the provisions will be re-enacted. Repealing the law will cancel the voter referendum.

Arizona: House approves bill to repeal election-law changes | The Republic

Lawmakers are rushing to undo a controversial package of elections-law changes they approved last year in a move that has implications for this fall’s election. On a party-line vote Thursday, the House of Representatives approved House Bill 2196. If it is signed into law, the legislationwould derail a citizen referendum on the November ballot because the repeal would do away with the objectionable law. Republicans, who supported the bill, said they are heeding the will of the voters who pushed the initiative to repeal last session’s changes. But referendum backers want the matter on the ballot, where they believe voters will reject the changes. They don’t trust the Legislature to leave the matter alone and fear GOP lawmakers will introduce pieces of last year’s package, doing an end-run around their objections to the changes. “We have significant trust issues when it comes to this bill,” said Rep. Ruben Gallego, the assistant House minority leader.

Arizona: Democrat’s Bill Would Automatically Restore Voting Rights to Felons | Phoenix New Times

U.S. Attorney General Eric Holder made headlines Tuesday by calling on states to repeal laws that keep felons from voting after they’ve finished their sentences. One Arizona Democrat already introduced a related proposal several weeks ago, but it hasn’t seen any action at the Legislature. Although Arizona doesn’t prevent felons from registering to vote after they’ve finished their prison sentences or terms of probation, the right to vote isn’t automatically restored in some cases. When people been convicted of two or more felonies and served their sentence, they have to apply to a judge and have a judge approve the restoration of their right to vote.

Arizona: Bill would make it easier for felons to get back right to vote | Cronkite News

Saying that voting can help former felons reintegrate into everyday life, a state lawmaker wants to make it easier for them to get back that right. “I think that people that have served their time and paid their debt to society that it’s important for them to get their most fundamental right – constitutional right – the right to vote, to get it back,” said Rep. Martín J. Quezada, D-Phoenix. He authored HB 2132, which would restore the right to vote to a person who has been convicted of two or more felonies after completing probation or receiving an absolute discharge from the Arizona Department of Corrections. The latter requires completing a prison term and parole and paying restitution in full. At present, members of that group must apply to vote again, a process that varies by county. “The right to vote being so fundamental … it seems automatic restoration of that right in particular is critical to making us a better-functioning society,” Quezada said.

Arizona: House Judiciary Committee votes to repeal controversial election bill | AZCentral

A House panel took the first step Thursday toward repealing a controversial election law that opponents had successfully referred to voters on the November ballot. On a 4-2 vote, the House Judiciary Committee repealed last year’s package of election changes over the objections of referendum supporters, who say they want their referendum — a repeal of sorts — to proceed because they don’t trust the Legislature will leave elections procedures untouched. “We do not want to see it repealed and re-enacted piecemeal, and that does seem to be the intent,” Sandy Bahr told committee members. Bahr is a member of the coalition that gathered the 146,000 signatures needed to repeal last year’s House Bill 2305.

Arizona: Hearing on bill repealing new election law delayed | Arizona Daily Star

A hearing on a bill repealing a sweeping 2013 election law that galvanized voter’s rights groups, Democrats, some conservative Republicans and third-party candidates was cancelled Thursday. But the delay is expected to be short as majority Republicans agree the repeal is needed. The bill was held in the House Judiciary Committee in part to ensure its language matches other repeal bills being readied, but it will be back on the agenda next Thursday. Once the bills match up, quick passage by each chamber could send them to Gov. Jan Brewer’s desk for action in just weeks, Senate President Andy Biggs said. “We’re just looking for certainty, as soon as possible,” Biggs said. The repeal of last year’s House Bill 2305 is designed to head off a voter referendum set for November’s ballot. The election-overhaul law was cobbled together from several GOP bills on the last day of last year’s Legislative session and passed without a single Democratic vote by the Republican majority.

Arizona: Citizen proof request rejected by federal election commission | Havasu News

In a rebuff to state officials, the head of the federal Elections Assistance Commission has rejected Arizona’s request to require proof of citizenship by those using a federal form to register to vote. In a 46-page order late Friday, Alice Miller, the commission’s acting director, said Congress was within its rights to conclude that those seeking to vote need not first provide documentary proof of eligibility. Miller said the affidavit of citizenship, coupled with criminal penalties for lying, are sufficient. Friday’s ruling is yet another significant setback for Arizona’s effort to enforce the 2004 voter-approved law. The state had argued all the way to the U.S. Supreme Court it has a constitutional right to demand citizenship proof, only to be rebuffed last year. But the justices, in their 7-2 ruling, said state officials were free to petition the EAC to add the requirement to the form. Friday’s order forecloses that option.

Arizona: Voters caught up in voting citizenship fight decry possible of 2-tier Arizona voting system | Associated Press

When Georgia Bartlett moved to Arizona more than a year ago, she did what she’s done in each of the many states where she lived since reaching voting age: She registered to vote. But Bartlett, 68, who moved to Phoenix from Arkansas to be near her grown children, was tripped up because she used a federal form to register. She signed under penalty of perjury that she’s a citizen entitled to vote, but soon found out that wasn’t good enough. Instead of receiving a sample ballot, she began receiving letters from the local registrar seeking proof she was a citizen. She sent a copy of her Arkansas driver’s license, but was told that wasn’t good enough. So she just gave up.

Arizona: High court allowing higher campaign contribution limits to go into effect | Associated Press

The Arizona Supreme Court on Tuesday rejected arguments from the Arizona Citizens Clean Elections Commission and allowed new, higher campaign contribution limits passed by the Republican-controlled Legislature to go into effect. The ruling issued just hours after the court heard oral arguments is a major victory for Republicans, who pushed for the major increases in contribution limits in the past legislative session despite warnings from Democrats that they would run afoul of state law protecting voter-approved laws. The court said it will issue a formal opinion explaining its reasoning later. The court overturned an October decision by the Arizona Court of Appeals that found the law conflicted with the Voter Protection Act. That law requires a three-fourths vote of the Legislature to make major changes to voter-approved laws. The brief court order also lifted the injunction the appeals court put in place blocking the higher limits from taking effect.

Arizona: Kansas: Judge to hear arguments in voter citizenship suit | Associated Press

A federal judge will hear arguments Friday in the lawsuit filed by Kansas and Arizona requesting the national voter registration form be changed so that the two states can fully enforce proof-of-citizenship requirements for new voters ahead of the 2014 midterm elections. Kansas Secretary of State Kris Kobach and Arizona counterpart Ken Bennett want the federal court to order the U.S. Election Assistance Commission to include instructions on the federal form that would require Kansas and Arizona residents to provide a birth certificate, passport or other proof of U.S. citizenship when registering to vote. Kobach has pushed the proof-of-citizenship policy as a way to prevent non-citizens — particularly immigrants living in the U.S. without legal permission — from registering and possibly voting. The U.S. Justice Department, which is representing the election commission, has argued that changing the requirements on the federal form for residents of Kansas and Arizona would in essence affect nationwide policy because it might encourage every state to seek increased proof of citizenship in order to register for federal elections. The current federal registration form requires only that someone sign a statement that he or she is a U.S. citizen.

Arizona: Campaign Finance Limits Remain Unclear as Election Approaches | Arizona Law Review

As candidates for legislative and statewide elected offices in Arizona are gearing up for the 2014 elections, a crucial yet unanswered question looms over the proceedings: how much money are candidates allowed to accept from campaign donors? In attempting to clarify the answer, the Arizona Court of Appeals held last month that House Bill 2593 was ineffective because it had not been passed with a supermajority as required by the Arizona Constitution.1 In doing so, the Arizona Court of Appeals ruled in favor of the Clean Elections Commission and against the Speaker of the House and President of the Senate. House Bill 2593, signed into law last spring, overrode existing campaign contribution limits by increasing the maximum contribution that political campaigns could accept from individual supporters. With the enjoinment of the new law, the previous, stricter, campaign contribution requirements are once again the law of Arizona—unless the Arizona Supreme Court steps in. The underlying dispute traces its genesis to the 1998 state general election.2 In that election, the voters of Arizona passed two ballot measures by popular referendum: Proposition 200, known as the Clean Elections Act;3 and Proposition 105, commonly referred to as the Voter Protection Act.4.

Arizona: Activists seek to thwart proof-of-citizenship demand for voter registration | The Verde Independent

Attorneys for four Arizona groups involved with voter registration are trying to get a federal judge to kill a bid by Secretary of State Ken Bennett to require proof of citizenship from all who register to vote. Nina Perales of the Mexican American Legal Defense and Educational Fund said the U.S. Supreme Court ruled earlier this year that Arizona cannot enforce its documentation requirement on those who use a special registration form crafted by the federal Election Assistance Commission. “The interest that these Arizona organizations have is in protecting their victory that they just won,’ Perales said. She said Bennett’s lawsuit “is essentially trying to make an end-run around the U.S. Supreme Court decision.’ But Bennett said all he is doing is following a roadmap the high court provided when it ruled against Arizona in June.