CEBV Weekly: April 29, 2024
Repealing the ban isn't enough. Fake electors get real indictments. Budget cuts mean taking a chainsaw to state services.
How is it that a legislature that’s meeting only one day per week still manages to produce enough material for an entire weekly newsletter and then some??
Third time’s the charm. On Wednesday, the House passed HB2677, which repeals the 1864 total abortion ban. The Senate must still vote; we expect them to substitute the House bill for their identical one when they convene next week. TJ Shope (R-16) and Shawnna Bolick (R-2), both of whom represent competitive districts, joined Democrats in voting last week to suspend the rules and introduce a mirror ban. Their votes are still needed Wednesday if the bill is to pass the Senate, and they’re under substantial pressure from outside groups that oppose women’s rights.
Repeal is not a solution. No bills passed this legislative session will become law until 90 days after session ends, so none of this stops the 1864 ban from taking effect on June 251. The 15-week law that takes effect in its place is also far more restrictive than Roe was: it contains no exceptions for rape or incest, and would ban abortions for families that learn later on in pregnancy that a fetus is not viable.
Tension bubbles over. The House passed its bill quietly, but when Gress motioned for it to be transmitted immediately to the Senate2, Travis Grantham (R-14) lost his temper, shouting that “this is a ridiculous motion that sets a ridiculous precedence and drives a knife further into the wound of a body that just dealt with an awful, disgusting situation for more than three weeks. This is unnecessary. This shouldn’t even be on the board. And believe me, we will remember this when you attempt to continuously bring things up that are not going to be supported by our caucus as a whole.”
Doling out punishment. A visibly seething Speaker Ben Toma then directed Grantham to remove Gress and Oscar De Los Santos (D-11), who seconded the motion to transmit, from House Appropriations. That’s the committee which hears budget bills. Toma refused to explain his decision, saying Democrats were “out of line” and that he took the action “because I decided it,” then stormed off the floor. Notably, Toma did not strip Tim Dunn (R-25), who also voted to go around Toma and bring the abortion repeal to the floor, or Justin Wilmeth (R-2), who voted to repeal the ban, of any assignments.
MAGA histrionics. During the vote and afterward, far-right lawmakers did everything but throw themselves to the funereal carpet in protest, comparing abortion variously to extremism, barbarism, slavery, and school shootings. Some even called for voters to oust their “RINO” colleagues: for example, Alexander Kolodin (R-3) publicly endorsed a “single shot” vote in Gress’s ultra-competitive district.
Justice is coming for the fake electors. In other news, Attorney General Kris Mayes issued her long-awaited indictments of Jake “from Troll Farm” Hoffman, Anthony “J6” Kern, and the 9 others who tried to void voters’ wishes and throw Arizona’s 2020 electoral votes to Trump. Initial court appearances are scheduled for Tuesday, May 21. Hoffman, Kern and the others face a potential 40 years in prison if they’re convicted, at which point Arizona law will — finally, blessedly — force them to leave office.
Taking a chainsaw to necessary state services. This past week, Gov. Katie Hobbs ordered a hiring freeze on state employees and asked department heads to send her plans for massive cuts. State agencies (Health, Economic Security, Housing, Transportation, etc.) are being asked to cut 4% from this year’s spending and identify 2% in ongoing cuts beginning July 1, on top of the cuts Hobbs already proposed in January. Her office warned, “Agencies should expect that most items on your list will be reasonably proposed as part of this year’s budget negotiation.” This would be a good time to reflect on the vital services that the state provides — and remember who handed Gov. Hobbs the steaming mess she’s dealing with.
The myth of “government waste.” Agencies aren’t overspending: they’re being asked to take the fall for out-of-control ESA vouchers and outsized Ducey-era tax cuts. Asking them to identify “waste” plays right into the lie that cutting mythical “government inefficiencies” will allow us to afford to squander our precious resources.
A state on the dole. $18 billion sounds like a lot of money, but the truth is, Arizona can’t make ends meet without lots of help from the feds: $29 billion a year, to be precise. Federal funds make up a whopping 44% of Arizona’s total revenue; the national average is 32%. Once we take all sources into account, Arizona’s total state budget is actually $65 billion. On top of that, an additional $24 billion of “tax expenditures” is carved out for a patchwork of tax breaks. Think of the nice things Arizona could have if we used that money responsibly instead of giving it away.
Large numbers obscure reality. When people see these huge numbers — more money than most of us will see in our lifetimes — we might think that Arizona is being reckless with our tax dollars. However, these numbers don’t begin to cover the necessary business of managing an entire state. Witness the decline:
What can they even cut? It's unclear what is going to be possible. Take the state's three largest line items, for example. Basic state aid for public education is already underfunded by billions, prompting multiple lawsuits. AHCCCS, our state's Medicaid program, recently kicked almost 600,000 people off their health care. Corrections is violating prisoners’ constitutional rights with inadequate care. Much of the state’s spending is set by mandatory formulas. State law enforcement (which is understaffed and continuing to bleed officers) won’t get a pass; Hobbs’ office has asked the Department of Public Safety for cuts too.
Destroying government. Agreeing to further hack away at agencies that are already starved at every level means destroying the ability of our government to perform the services we need, deserve and expect. We’re already saddled with a far-right legislature that attacks basic governance at every turn. MAGA lawmakers have weaponized the functioning of essential state services by attacking agency continuations, refusing to confirm nominees, forcing accelerated reviews, and pointing to the auditor general to speed up audits even as they slash the funding necessary to do them. These charlatans say “government is the problem,” but they are the government. Do they own a mirror?
Has Hobbs given up? Our governor is all too aware that Republicans would sooner fling themselves into traffic than enact common-sense ESA reform. And undoing the tax cuts would require a functionally impossible 2/3 supermajority vote (or a 60%+ popular vote on a ballot measure). But rolling over is worse than nothing. Voters respect leaders who fight for the causes we believe in. We urge Hobbs and her staff to stand up for the people of Arizona.
⏰ If you have 5 minutes: Write to Gov. Hobbs and your lawmakers (or legislative leadership of either party) and ask them to fight for a state budget that does something about our out-of-control ESA voucher problem this year. Save Our Schools Arizona has a handy tool that makes this easy.
⏰⏰ If you have 15 minutes: Arizona desperately needs a different legislature. Find the competitive legislative district nearest you3, then sign up to volunteer for, or donate to, the candidates that best represent your values.
⏰⏰⏰ If you have 30 minutes: Contact Gov. Hobbs and ask her to veto one or more of the bad bills headed to her desk (see the “Veto Watch” section below).
⏰⏰⏰⏰ If you have 60 minutes: Join us on Zoom at 4pm on Sunday for our next CEBV Happy Hour conversation. This week we’ll feature our brand-new presentation, “Water in a Desert State.” We’ll meet every Sunday at 4 PM through the end of session. Sign up in advance here.
This past week, Gov. Hobbs exercised her power to protect Arizonans from the following harmful, CEBV-opposed legislation.
Vetoed:
SB1060, Mesnard (R-13), would allow partisan observers inside the voting process on behalf of federal candidates, including during the setup process when other observers and the public are not permitted, in the name of “transparency.” This backstage access muddies a cleanly working process and could weaken confidence in our state’s elections.
SB1129, Rogers (R-7), would require law enforcement to immediately remove any "transient occupant" of private residential property and charge them with trespassing. The bill is duplicative, does not include solutions for housing or shelter, and could be weaponized against domestic violence victims.
SB1182, Kavanagh (R-3), is a shower-only version of last year’s “bathroom bill” that would ban trans kids from using showers at school that align with their gender identities. Anyone who “encounters” a trans person in a shower area could file suit against public schools.
HB2328, Payne (R-27), would relax regulations on food trucks. The sponsor owns a food truck. The bill could lead to nuisances such as noise, along with gray water, trash and grease, being dumped in neighborhoods.
On the Governor’s Desk
GOP lawmakers passed the below bill, which CEBV opposes, this week. It now awaits Gov. Hobbs’ veto. You can email the governor’s team at engage@az.gov to request she do just that.
HB2124, Smith (R-29), would require courts to award legal fees to the losing party in a lawsuit against an agricultural operation in order to take or reduce the water used by the other party if they determine the suit was a “nuisance action.” This is a threat to due process and severely limits access to the courts to vindicate one’s rights.
2024 Session Timeline
Sunday, 6/30 Constitutionally mandated deadline for a state budget
Flag this handy list of contact info, committee chairs and assignments, updated for 2024.
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Attorney General Kris Mayes petitioned the Arizona Supreme Court for a reconsideration of its ruling on grounds of flawed reasoning. They declined her request without comment, but it served a purpose by delaying enforcement of the archaic ban for another two weeks.
Transmitting bills may be routine procedure, but Toma, who has vowed to block repealing the ban by any means, can slow-walk any bill’s transmittal to the Senate or governor, or even outright refuse to do it.