Supreme Court Appears Favorable to Arizona Election Integrity Lawsuits

BY MATTHEW VADUM 

Arizona Attorney General Mark Brnovich urged the Supreme Court on March 2 to affirm that his state’s electoral integrity laws were consistent with the federal Voting Rights Act and should be upheld.

The case Arizona’s top prosecutor argued is actually two consolidated cases: Brnovich v. Democratic National Committee (DNC) and Arizona Republican Party v. DNC.

Although the justices peppered counsel for Arizona and the state’s Republican Party with at-times hostile-sounding questions, members of the Supreme Court seemed receptive to their arguments. Except for the more liberal members, the justices did not seem convinced that Arizona’s election laws violated the Voting Rights Act.

The Supreme Court threw out a series of Republican-initiated legal challenges on Feb. 22 to voting processes and results in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin that were left over from the 2020 election cycle. And on March 1, the court dismissed an election challenge from Arizona, In Re Tyler Bowyer, and one from Wisconsin, In Re William Feehan, that were brought on Dec. 15, 2020, by pro-Trump attorney Sidney Powell.

The oral arguments in Brnovich’s case before the Supreme Court came days after an Arizona judge ruled in a separate case that state lawmakers have the right to access 2.1 million ballots cast in the state’s most populous county, Maricopa County, and related electronic materials in order to carry out an audit of the Nov. 3, 2020, election results, as The Epoch Times previously reported.

The Supreme Court agreed on Oct. 2, 2020, to hear the case at hand, which concerns efforts that Republicans say would undermine electoral integrity measures and throw the Grand Canyon State open to ballot-harvesting and out-of-precinct voting.

“I think we all should agree at this point that we want to have confidence in our election system,”  Brnovich, the state’s Republican attorney general, said in an exclusive interview with The Epoch Times days before his Supreme Court appearance, in which he shared his views about the upcoming oral argument at the high court and electoral integrity measures in general.

“We want orderly elections,” he said, adding that he was optimistic that the court appearance would help to generate momentum for electoral integrity measures nationwide.

More Americans need to become active in defending the nation’s founding and the institutions that came out of it, he said.

There is a certain amount of establishment thinking out there “that just wants to go along to get along … [but] the stakes are so high right now in this country that we need champions that understand what the framers of our Constitution established here in this country.”

There is a “need to understand traditional notions of federalism and to understand that the Constitution is all about protecting rights, and that the government is supposed to be limited and its powers defined.”

Forbidding unlimited third-party ballot harvesting is a “commonsense” way to protect the secret ballot, and to prevent undue influence, voter fraud, ballot tampering, and voter intimidation, Brnovich said.

“We have seen in the past where people have used ballot harvesting to undermine the integrity of elections. We also know that no less than Jimmy Carter in 2005 had recommended that there be commonsense measures in place when it came to ballot harvesting because absentee ballots were one of the largest sources of potential fraud,” he said.

The bipartisan Commission on Federal Election Reform, chaired by former President Carter and former Secretary of State James A. Baker III, found “absentee ballots remain the largest source of potential voter fraud” and “vote-buying schemes are far more difficult to detect when citizens vote by mail.”

“There was a time when this was a bipartisan issue, when all sides could agree that we want to make sure that we have safe and secure elections, and now, for whatever reason, it’s become a partisan issue,” Brnovich said. “It’s unfortunate because everyone should have confidence in our elections.

“I think as a public official there is no higher priority among public officials than maintaining the public integrity of our elections, so we want to make sure that people are prevented from voting multiple times, we want to protect against voter intimidation, we want to preserve the secrecy of the ballot, and I think that’s what our laws were designed to do.”

Arizona, like other states, has adopted rules to promote the order and integrity of its elections.

One is an “out-of-precinct policy,” which excludes provisional ballots cast in person on Election Day outside of the voter’s designated precinct. Another is a “ballot-collection law,” known as H.B. 2023, that allows only specific persons such as family and household members, caregivers, mail carriers, and election officials to handle another person’s completed early ballot. Most states require voters to vote in their own precincts, and around 20 states limit ballot collection by third parties.

A U.S. district court upheld Arizona’s rules, which were challenged under the Voting Rights Act (VRA). A fortnight ago, the Biden administration sent a letter to the court in which it appeared to acknowledge the challenged Arizona laws were consistent with the VRA.

Section 2 of the VRA prevents states and localities from imposing any “qualification or prerequisite to voting or standard, practice, or procedure … in a manner which results in a denial or abridgment of the right of any citizen of the United States to vote on account of race or color.”

A panel of the 9th Circuit Court of Appeals affirmed the trial court but then reversed at the en banc stage, going against the recommendations of the Trump administration.

“Arizona’s policy of wholly discarding, rather than counting or partially counting, out-of-precinct ballots, and H.B. 2023’s criminalization of the collection of another person’s ballot, have a discriminatory impact on American Indian, Hispanic, and African American voters in Arizona, in violation of the ‘results test’ of Section 2 of the VRA,” Judge William A. Fletcher, a Clinton appointee, wrote for the court.

H.B. 2023’s ban on collecting another person’s ballot “was enacted with discriminatory intent, in violation of the ‘intent test’ of Section 2 of the VRA and of the Fifteenth Amendment.”

The Arizona laws in question are unfair because American Indian voters, other minorities, renters, and poor people are disadvantaged because they have difficulty receiving and sending mail, Fletcher wrote.

“Minority voters rely on third-party ballot collection for many reasons,” he added, citing the testimony of a community organizer. That court stayed enforcement pending appeal, allowing Arizona’s laws to remain in place for the 2020 election.

Brnovich said in the interview that he rejects those court findings, which were consistent with legal arguments made by Democrats.

“The state of Arizona endorses without qualifications the goals of the Voting Rights Act in racial discrimination and voting,” he said.

“Our laws do not violate section 2 of the Voting Rights Act.”

But Republicans, Brnovich added, have been falsely accused of racism for a long time.

“Accusing someone of racism is the last resort of an exhausted mind,” he said. “Unfortunately, nowadays there are too many people that are intellectually lazy on the left and that’s what they fall back on.”

We’ve Lost A Legend — Rush Limbaugh

“I, like you, very much wish Rush was behind this golden microphone right now welcoming you to another exceptional three hours of broadcasting. For over 32 years Rush has cherished you, his loyal audience, and always looked forward to every single show. It is with profound sadness I must share with you directly that our beloved Rush, my wonderful husband, passed away this morning due to complications from lung cancer.

“As so many of you know, losing a loved one is terribly difficult. Even more so when that loved one is larger than life. Rush will forever be the greatest of all time. Rush was an extraordinary man. A gentle giant. Brilliant, quick-witted, genuinely kind, extremely generous, passionate, courageous, and the hardest-working person I know.”

KATHRYN LIMBAUGH

By Jennifer Wishon, CBN News

Conservative talk show radio pioneer Rush Limbaugh, whose work influenced a generation of American politics, has reportedly died at the age of 70, succumbing to advanced lung cancer.

Born with a booming voice and given a name made for showbiz, Rush Hudson Limbaugh III made his mark on America.

He made his conservative case on the radio daily, boasting a broad vocabulary and command of the English language which he often used like a surgeon uses a scalpel.

“They’re tearing down the wall at the U.S. border and building a wall around the United States Capitol. Have you heard that?” he asked during one of his recent programs.

“The Rush Limbaugh Show” launched in 1988 – a three-hour daily conservative talk show that quickly attracted listeners across the country. His show eventually grew into the largest audience in radio – influence that made Limbaugh an enemy of the left and kingmaker on the right.

“You just suddenly have become a national phenomenon, very popular show. How come?” CBN Founder Dr. Pat Robertson asked Limbaugh during a 1990 interview.

“I think one of the real reasons for the success of the show is the perception and as you know in politics perception is oftentimes reality, the perception by real people that the primary disseminators of information in this country are shall we say slanted to the left and here comes the first, and it’s really the only national program, in radio or TV that has a conservative bias to it, admittedly so, that they can latch on to and I never thought that would be the reason. I thought that for my success I was going to have to be a better broadcaster, sharper, and faster, quicker, more informed and all that. I didn’t bank on the fact that so much of the success would rely on the fact that I happen to be very fortunate in my timing in – I think this country’s far more conservative than even people think it is now,” Limbaugh responded.

In 1992, President Ronald Reagan wrote him, “Now that I’ve retired from active politics. I don’t mind that you have become the Number One voice for conservatism in our Country. I know the liberals call you the most dangerous man in America, but don’t worry about it, they used to say the same thing about me. Keep up the good work. America needs to hear ‘the way things ought to be.’”
 
Limbaugh’s listeners remained loyal through a number of controversies that saw him lose sponsors only to gain new ones.   

In 2001, Limbaugh announced he had lost his hearing from the rare condition called autoimmune inner ear disease. He received cochlear ear implants and continued his work as a broadcaster.

Known for his generosity, he donated millions to causes he found worthy.

He never had children and was married four times, leaving behind Kathryn Adams, his wife of 10 years.

In early 2020, Limbaugh announced he had advanced lung cancer, and the very next night at the State of the Union address, President Trump bestowed upon him the honor of a lifetime.

“I am proud to announce today that you will be receiving our country’s highest civilian honor, the Presidential Medal of Freedom,” the president announced.

When the camera switched to Limbaugh in the crowd inside the Capitol, it showed the broadcaster at a loss for words.

To the end Limbaugh publicly credited his faith in Jesus with getting him through his very difficult battle with cancer.

“I have a personal relationship with Jesus Christ. It is of immense value, strength, confidence and that’s why I’m able to remain fully committed to the idea that what is supposed to happen will happen when it’s meant to,” he said during one of his final programs.

For his millions of listeners, Rush Limbaugh was a national treasure who can never be replaced.

“Our lives, our fortunes, our sacred honor”

Rush Limbaugh cited this story written by his father every year around the Fourth of July.

Kelly’s Unfavorable Ratings Double; Senate Race A Dead Heat

PHOENIX – Today, the McSally for Senate campaign released a new memo on the state of the race. During the last several months Senator McSally’s grassroots support has grown and the polls show a dead heat race. After garnering record support during the primary and the weeks since, one thing is clear: Republicans are united to send Martha McSally back to the U.S. Senate in November.

“This is a dead heat election. Our team has never been more prepared as we enter the final stretch of this campaign. The more voters learn about Mark Kelly’s record of shady business dealings and evasiveness on the important questions that matter to Arizonans, the more they reject him.” Caroline Anderegg, Communications Director

Read below for key insights or find the memo here.

MEMORANDUM

TO: Interested Parties
FROM: Dylan Lefler; Campaign Manager, McSally for Senate, Inc.
RE: State of the Race
DATE: 08/24/2020

Overview

The primary has come and gone, and we are now in the General Election. After a decisive victory for Martha McSally, one thing is clear: Republicans are united to send Martha McSally back to the U.S. Senate in November. As fall approaches, we have seen this race behave more like the toss-up it has always been. Dark money Democratic groups have spent nearly $30 million on TV attempting to tear down Senator McSally, but they’ve had little success sinking her image.

The McSally campaign has made a commitment to spending the summer attempting to educate Arizonans so that a real conversation can be had with voters this fall. We launched a series of ads that highlighted real Arizonans talking about Mark Kelly’s past business dealings. They all featured the same tagline: “Mark Kelly will do anything for a buck and say anything for a vote.” We have seen Mark’s unfavorable image has nearly doubled overall since we began sharing the truth on his record. The more Arizonans learn about Mark Kelly, the more they realize what a strong Senator they have in Martha McSally.

Concerns over Kelly’s business dealings are not the only red flags about his candidacy. Kelly will lead you to believe he is an independent voice for Arizona, but the truth is that his first vote in the Senate will be to make Chuck Schumer Majority Leader. This would mean a slew of far-left policies, including the Green New Deal, government takeover of health care, and higher taxes, would slip right on through with Mark Kelly as the rubber stamp. Mark Kelly is simply not the right fit for Arizona.

Polling

There have been over a dozen public polls commissioned for this race. Many have had problematic methodology and inconsistencies, yet the media churns them out as fact. The truth is this race has always been a toss-up, and with outside dollars pouring into the state’s media markets, it’s clear that both Democrats and Republicans agree this is one of the most competitive races in the country.

Since the campaign’s initial polling, Mark Kelly’s unfavorable rating has nearly doubled overall, going from 19 percent unfavorable to 35 percent in our most recent polling. This trend of growth in Kelly’s unfavorable rating can be seen among several key sub- groups, such as independents and women, particularly homemakers.

Fundraising

Outside of Leader McConnell, Senator McSally is the strongest fundraiser in the Republican caucus. Martha is the first U.S. Senator in Arizona history to have raised more than $30 million in any election cycle and continues to outperform her goals each quarter. The small dollar program has been particularly impressive; the average contribution is $36 with more than 200,000 donors giving each quarter.

However, due to Mark Kelly’s work to become a national celebrity after leaving NASA and his close association with far-left activist groups, he has been able to raise over $50 million, far out-pacing other Democratic candidates. Our campaign has a plan to use our resources strategically to compete with Kelly’s cash advantage. We will have the funding we need to communicate our message.

Field

The campaign made a commitment to investing in field organizing early. Since June of last year, we have opened five field offices and hired more than 60 field staff. We have invested in our data operation and have contacted over 1.5 million Arizona voters so far.

The McSally campaign also publicly released a list of County Campaign Chairs that represent strong support for Martha McSally’s leadership in all 15 Arizona counties.

Arizona First

Martha is working hard for Arizona. As a freshman Senator, she tied for the most bills passed into law last year.

She is working across the aisle with Democrats and Republicans to get results for Arizonans. She was ranked number six for bipartisanship, which helped her pass the highest number of bills into law.

When she’s not in D.C. passing laws, Martha is traveling the state listening to Arizonans and hearing about the issues that matter to them. Recently, she made a swing in Navajo and Apache counties and showed her support for law enforcement with Vice President Pence in Tucson.

Corbin Suspends Campaign for SOS

Lori Klein Corbin Suspends Campaign For Secretary of State: As a conservative former state senator and as the current Republican National Committeewoman representing the state of Arizona, my commitment to the issues affecting Arizonans has never wavered. Personal issues have arisen that make it impossible for me to continue the campaign. I was in this important race because there are few concerns that face Arizona voters more vital than the integrity of their ballot and the election process. Additionally, we should not lose sight of the fact that the Secretary of State is next in line to ascend to the office of governor if the governor is unable to perform his or her duties. I sincerely thank all of you who have worked on my campaign for Secretary of State, donating time, support, and tireless effort on my behalf. Your friendship is invaluable. I am honored to continue to serve Arizona as your Republican National Committeewoman and will remain in this position to support Arizona, our President Donald J. Trump and the Republican National Committee.

Read more AZ Republican news

Senator Flake, You’re No Conservative

By Newsbusters Staff | August 1, 2017

On Tuesday, August 1, Media Research Center President Brent Bozell issued the following statement: On behalf of my late father and my family, I am denouncing Senator Jeff Flake and his new book, dishonestly titled, Conscience of a Conservative.

Since entering the Senate in 2013, Jeff Flake has, time and again, proven he is part of the indulgent hypocrisy in Washington. While he waxes poetically about conservative principles, his Conservative Review Liberty score is an abysmal 53%, also known as: “F”. In 2013, I watched first-hand as Flake refused to sign a letter pledging to defund ObamaCare, among his many betrayals to conservatism. Jeff Flake is neither a conservative nor does he have a conscience.

As every conservative leader knows, my father, L. Brent Bozell, Jr., ghost-wrote Conscience of a Conservative for Barry Goldwater. While the Goldwater Institute may own the rights to the book’s title, neither the organization nor Senator Flake have the right to unjustifiably trade on my father’s work. Conscience of a Conservative is the greatest selling polemic in history, and Senator Flake is trading on its reputation to shamelessly promote himself and disguise his own conservative deficiencies. My father would be appalled to see this fraud as the author of the so-called “sequel,” which it most certainly is not.

The media need to know, when reporting on Senator Flake and his “book,” that the author is a deceiver out for personal and financial gain.  I also call on my conservative brethren to denounce this impostor, who dishonorably claims to speak for conservatism, in the strongest possible terms.

Phoenix Mayor Blinded by Dust Storm; Progressivism is Business Killer

Phoenix Mayor Greg Stanton claims progressivism is the better plan for business. That’s what he actually told the Phoenix Business Journal.

It seems that ever since the last time a haboob passed through Phoenix area, the mayor’s vision and ability to reason have been severely clouded!

Obviously, the mayor has not been able to see the moving trucks coming in from California and heading for Texas. They’ve left the socialist state for a state that welcomes businesses and doesn’t overburden them with excessive taxation and regulation.

It is evident the mayor doesn’t know that where the minimum wage has been raised — to the lofty heights of $15 an hour in some locations — some have lost their jobs. Many small businesses cannot afford that exorbitant rate, which also means fewer part-time jobs are available.

Stanton also fails to acknowledge that America’s Socialist In Chief, B.H. Obama, has threatened to put out of business those who refuse to provide abortion coverage in their health insurance plans. Through his Obama abortion mandate, the prez would rather harm the business community and the economy, putting families out of work, raising money for Planned Parenthood. He’d rather stand in the way of small businesses, religious colleges and faith-based organizations than allow the economy and the business market to thrive. That’s astounding, mayor.

Progressives have long been strangling businesses in red tape, over-regulation and interference with their ability to survive. This is why we hear about American workers forced to train foreigners to take their jobs and why we lose business to other nations. Think Government Motors moving auto plants to Mexico — where Mexicans gain employment and Americans lose employment.

Progressivism is socialism, which means Big Government, small citizen, small private business.

Obama actually once told businesses, “Now is not the time for profits.” But that’s not surprising for a socialist progressive who prefers that government keep its all-powerful thumb on business.

And that leads us right to unions. Progressives reap huge campaign contributions from unions because they are downright anti-business.

Progressives are also bullish on illegal aliens — future Democratic voters and underminers of the American worker.

Furthermore, progressivism has damaged our public education system for decades, eroding America’s ability to train the workers we need for an efficient business climate and economy. Foreign nationals are getting engineering and doctor’s jobs here because the schools are not preparing enough Americans for those high-paying jobs.

So, bottom line, Mayor Stanton: stop dreaming and stop lying. Clear out your vision and admit the truth. Progressivism is a detriment to business. Conservatism, capitalism create the optimal business climate and represent the best interests of the American worker and the families they feed.

Remember this as election time nears and as you vote. Vote smart. Vote against progressivism, which is the perfect recipe for economic and business failure. Remember also: it was progressive socialists who forced the housing market fiasco that cost many a good American his/her retirement.