Courts & Law

Veto the Voter Suppression Act, HB 2305

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Posted by AzBlueMeanie:

Howard Fischer from Capitol Media Services has a decent explanation of the Voter Suppression Act, HB 2305, passed by the Tea-Publican controlled Arizona legislature before sine die. GOP OKs series of changes in election law:

Kill-bill-vol-1Republicans used the final hours of their just-ended legislative session
to push through a series of changes in election laws that could give
them advantages in future elections.

* * *

Among the additions:

• Making it a crime for volunteer
political workers and organizations to collect early ballots from voters
and take them to polling places;

• Increasing the number of signatures that minor-party legislative and congressional candidates need to get on the ballot;

•
Imposing higher legal standards on voter-sponsored initiatives, making
it easier to throw them off the ballot if they do not strictly comply
with each and every provision of the law;

• Adding some procedural requirements to recall laws.

Let's unpack some of these changes. If you are a member of the Libertarian Party, or the Green Party, or the new Americans Elect Party, you now have a big problem qualifying your candidates for the ballot.

Current law sets the number of signatures a candidate needs to qualify for the ballot based upon the number of registered voters in the candidate's political party. For example, in a Democratic voter registration advantage district, a Democrat may need 385 minimum number of signatures to qualify, a Republican may need only 165 minimum number of signatures to qualify, and minor political parties have a ridiculously low number of minimum signatures to qualify.

Attorney demands federal investigation into Latino voter suppression in Arizona during the 2012 election

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Posted by AzBlueMeanie:

Press release from Arizona attorney Vince Rabago pertaining to a Voting Rights Act complaint to the U.S. Department of Justice regarding voter suppression of Latino voters in Arizona during the 2012 election.

MEDIA RELEASE

ARIZONA ATTORNEY DEMANDS FEDERAL INVESTIGATION INTO LATINO VOTER SUPPRESSION IN 2012 ELECTION: PROVIDES EVIDENCE OF MISLEADING CALLS TO SPANISH SPEAKERS, AND ELECTION OFFICE MISCONDUCT IN ARIZONA

Media Contact: Vince Rabago • (520) 955-9038 • Vince@VinceRabagoLaw.com

(Tucson, Ariz. – June 14th, 2013) Today, Arizona attorney Vince Rabago filed a complaint with the U.S. Department of Justice requesting that the agency investigate apparent efforts to unlawfully suppress and intimidate Latino voters in Arizona during the 2012 election.

Rabago, a former state prosecutor, submitted two affidavits signed by voters under penalty of perjury who
received misleading “robo calls”. These Spanish speaking calls told voters to bring their identification documents with them to the polls in order to exercise their right to vote. Both voters receiving these calls are fluent in Spanish and immediately knew the statements were false and misleading. One voter, William Risner, is an election law attorney with extensive experience. The other voter, Dr. Ted Downing, is a former elected state legislator who participated in legislative election law reform efforts in Arizona.

Special Session is over, appropriations bills sent to Governor

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Posted by AzBlueMeanie:

The Special Session for the budget is over, but the regular session is continuing (no sine die yet). The Arizona Capitol Times (subscription required) reports Senate passes Medicaid expansion, sending it to the governor:

The state Senate approved Gov. Jan Brewer’s
Medicaid expansion plan on an 18-11 vote this afternoon, sending it to
the governor for her signature.

* * *

In the House, a coalition of nine
Republicans joined with the 24 House Democrats to approve the spending
plan on a series of 33-27 votes, setting the stage for end the first
special session of the 51st Legislature, which Brewer called into action
at Tuesday evening.

The Republicans in the House who voted for the budget were Rep. T.J. Shope, Rep. Frank Pratt, Rep. Kate Brophy McGee, Rep. Heather
Carter, Rep. Doug Coleman, Rep. Jeff Dial, Rep. Doris Goodale, Rep.
Ethan Orr and Rep. Bob Robson.

 

Not a good day for Arizona’s Planned Parenthood defunding law in the 9th Circuit

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Posted by AzBlueMeanie:

The San Francico Chronicle reports on today's action in the 9th Circuit Court of Appeals, Judges grill Arizona lawyer over anti-abortion law:

Two
federal appeals court judges expressed skepticism Wednesday about an
Arizona law [HB 2800] that disqualified Planned Parenthood and other health
providers that perform abortions from receiving public funds for other
medical services.

Ninth U.S. Circuit Court of Appeals Judges Marsha Berzon and Jay Bybee grilled attorney Steven Aden during a hearing about the law. Aden, an attorney with the Alliance
Defending Freedom, argued that Arizona had a broad power to determine
that Planned Parenthood, and other organizations targeted by the law,
were not qualified Medicaid providers, allowing the state to withhold
from them Medicaid funds.

According
to the Medicaid statute, anybody eligible for medical assistance can
get it from an organization or person "qualified to perform the service
or services required."

Aden
said since the Medicaid statute does not further define "qualified,"
the state should have broad powers to determine its meaning.

Obama administration agrees to comply with federal court order re: Plan B

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Posted by AzBlueMeanie:

The Justice Department announced on Monday that it will allow the most popular morning after pill, Plan B, to be available over the counter to women of all ages, dropping its appeal of a federal court order. Obama Administration To End Age Restrictions On Plan B:

PlanBThe Food and Drug Administration (FDA) said in a statement that it
has “asked the manufacturer of Plan B One-Step to submit a supplemental
application seeking approval of the one-pill product to be made
available O.T.C. without any such restrictions” and “intends to approve
it promptly.” Generic versions may also be eventually approved. The
morning after pill prevents conception “if taken within 72 hours after sexual intercourse.”

The decision comes after a federal judge in April ordered the FDA to
lift restrictions on the morning-after pill. The administration
responded to the ruling by lowering the age restriction from 17 to 15,
sparking the ire of health groups and district Judge Edward Korman,
who, in a series of contemptuous opinions, called the administration’s
defiance an insult to the intelligence of women” and “a charade” meant to stall his original order. Last week, the Second Circuit Court of Appeals ordered
the administration to make two-pill versions of emergency contraception
immediately available over the counter to women of all ages.