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How a steadier state party chair brought cheap postage and big dollars to 2024 candidates

Republicans long neglected a provision of campaign finance law allowing state political parties to coordinate with candidates, granting cheaper mail rates and greater, albeit indirect, corporate support for nominees.

But this 2023-2024 cycle, under new chair Gina Swoboda, the Republican Party of Arizona leveraged the strategy long-used by the other side to orchestrate high-caliber mail campaigns in competitive legislative districts.

Despite being outspent by the Democratic Party, Republican majorities grew stronger in both chambers, and consultants and the party treasurer point to the last ditch effort as a saving grace.

“Given what we were up against, we needed every possible advantage to compete with the other party financially,” said Chris Baker, consultant for Sen. Vince Leach, R-Tucson, who pitched the effort to Swoboda in August.. “It’s easy now to say, ‘Look, we won, you know, we picked up a seat in the Senate. We won two seats in the house. Everything went well.’ But three months ago, the general consensus was we were probably going to lose seats in both chambers.”

In 2016, as part of an overhaul of campaign finance, the Legislature passed a provision clearing the way for “the payment by a political party to support its nominee,” including printing, distributing and taking on postage expenses.

Under state law, state political parties can mail at nonprofit rates, which can be anywhere from 20% to 30% cheaper than the price paid by a candidate or committee.

Coordination can also open the door to roundabout benefits from investments from corporate donors, who would otherwise be barred from contributing to a candidate directly under Arizona law.

The same provision exists on the federal level, too, as the non-allocable mail rule.

“The current laws that govern interaction and coordination between the state party and candidates were written, drafted and passed by Republicans,” Daniel Scarpinato, consultant and President of Winged Victory Agency, said. “And yet have largely not been utilized by them, but have very effectively been used by Democrats.”

In past cycles, Democrats have by-and-large handed the reins to the state party on mailing, as well as TV and radio advertising.

Records from the Federal Communication Commission show the Arizona Democratic Party coordinated TV and radio advertising for Gov. Katie Hobbs’ run for secretary of state in 2018, for Adrian Fontes’ secretary of state campaign, Kris Mayes’ attorney general campaign and Hobbs’ gubernatorial campaign in 2022. In 2024, the party coordinated with competitive legislative candidates in select districts.

The same tactic has passed Republicans by until this election cycle.

Chris Baker and now-House Speaker Steve Montenegro pitched candidate coordination to Swoboda in early August.

“To her credit, it would have been easy for her to say, ‘Hey, you know, we’re not set up for this. Let’s get a longer runway, and maybe we’ll do it two years from now,’” Baker said. “But to her credit, she recognized the threat.”

Swoboda did not immediately respond to a request for an interview submitted to the party.

With an eye on competitive districts, Baker said the party then hired a candidates’ mail vendor or consultant to produce literature and then, with the greenlight from the legal team, pay for and distribute mailers.

Baker said that in order to make this work, the party pledged not “to play consultant, or author, and tell the candidates what they could or could not say,” but did set ground rules at the outset.

Each piece of mail was reviewed by the party’s legal team for any potentially libelous material, to avoid any legal liability and for any implicit or explicit attacks on either another Republican candidate or the Republican Party platform.

Attorney Kory Langhofer noted the state party’s responsibility and review is crucial in ensuring legal compliance.

“Legally, the state party must retain control of the message on non-allocable mail, and not just as a pass-through from the candidate,” Langhofer said. “So the whole program requires candidates to trust the party will target its mailing and design its mail pieces appropriately.”

All in all, according to Baker, the party coordinated mailers for 22 candidates, ranging from the Trump campaign to the legislative races.

Baker credited Swoboda and AZGOP Treasurer Elijah Norton for taking on the effort weeks before the general election.

“There would have been no dishonor for her to say, ‘Look, we just don’t have enough time.’ But she didn’t do it. She jumped in,” Baker said.

Norton said coordination required trust from candidates, given their part of paying into the state party, without any earmark or requirement the party spend the funds in a particular way.

Per pre-general election campaign finance reports, the higher candidate investments included about $75,000 from state Sen. Shawna Bolick, R-Phoenix, over the course of the cycle, and $70,000 from Sen.-elect Carine Werner.

Norton said this cycle’s program saw about $700,000 put in from candidates and a return $750,000 investment from the party.

“Once a legislative candidate donates to the party, the party can do whatever it wants with that money,” Norton said. He said Swoboda’s standing as party chair made a significant difference, drawing a contrast to past party chairs.

“For example, under Kelli Ward and Pam Kirby, they spent 200 grand on a bus and a party, and I just don’t think people thought they were going to be good stewards of contributions,” Norton said. “And in this new administration, we were very fiscally conservative. We didn’t do an election night party. We focused on spending all of our resources on winning races, and that was obviously reflected in the results.”

Norton noted corporate donors came back to the party, too, noting contributions from the Arizona Restaurant Association, which contributed $24,000, and the Arizona Chamber of Commerce and Industry, which gave $48,000.

The AZGOP reported about $4,000 from corporations in the first quarter, $136,208 in the second, $18,500 in the third, and $96,000 in the pre-general report.

“It was trust,” North said. “I think donors and organizations and groups have to and candidates have to trust the party to be good stewards of the donations that they give. And if they don’t have trust, then they don’t give. When we would receive a contribution, we would make sure that the contribution was spent on winning races, not on all the finer things that prior administrations wasted it on in the past.”

And win races they did.

Republicans grew their majority in the House to 33-27, and picked up one seat in the Senate, winning seats in key swing districts.

Baker said the strategy made all the difference for Leach, noting he came out of a competitive primary against incumbent Sen. Justine Wadsack with “basically no money.”

He said Leach sent nine pieces of mail through coordination with the state party to a neighborhood of 30,000 to 35,000 voters.

Anecdotally, as one of the reviewers of other candidate mail, he said candidates in other districts, campaigns sent anywhere from five to eight pieces of mail to equally, if not more, expansive voter lists.

“We maybe would have been able to do half that. In a close race like that, that was a game changer,” Baker said. “It really made all the difference in the world for us. I think a lot of candidates in these very tight, competitive races would say the same thing.”

Judge signals intent to dismiss Arizona GOP voter roll lawsuit

A federal judge said Thursday he is ready to toss a bid by the head of the Arizona Republican Party to rule that Secretary of State Adrian Fontes is breaking the law by failing to clean up voter registration rolls.

In a new court filing, Judge Dominic Lanza acknowledges that Gina Swoboda and two Republican allies are claiming that there are at least 500,000 people registered to vote in the state who have moved or are dead. That, their attorney said, violates the National Voter Registration Act.

But the judge, in a 17-page draft order, the judge said that even if what they claim is true – and he does not address that issue – none of them have shown they are in any way harmed by what Fontes has or has not done.

“A citizen does not have standing to challenge a government regulation because the plaintiff believes that the government is acting illegally,” Lanza wrote. “Nor may citizens sue merely because their legal objection is accompanied by a strong moral, ideological, or policy objection to a government action.”

And the judge specifically rejected their claims that having all those extra people on the rolls somehow dilutes the votes of the challengers. He called that assertion “impermissibly speculative.”

Strictly speaking, what Lanza issued Thursday is not the last word. The judge said saying he will give the attorney for the challengers a chance to argue in open court next month that he is wrong.

But the judge made it clear he has reached a conclusion and said he would entertain oral arguments solely “to address any perceived errors in the court’s tentative analysis.”

There was no immediate response from attorney Andrew Gould, who filed the case.

The heart of the claim is that 14 of 15 Arizona counties have voter registration rates that Gould called “implausibly high.”

He claimed there are more registered voters – both active and inactive – than there are residents who are 18 or older. And all the other counties with the exception of Greenlee have registration rates between 80 and 99%.

By contrast, he said, data from the U.S. Census Bureau puts the average figure nationally at 69.1%. And Gould, citing the same data, said the expected registration rate for Arizona should be 69.9%

“Based on even the most conservative data sources, Arizona has at least 500,000 registered voters on the voter rolls who should have otherwise been removed,” he said.

In fact, Gould argued, the figure could be as high as 1.27 million. That is out of more than 4.6 million active registered voters and another about 708,000 inactive voters.

That latter category includes people for whom there is evidence they have moved.

The National Voter Registration Act requires the state to send out a forward-able notice to the last known address to find out if that person is still eligible. In the meantime, he or is is put into a list of “inactive” voters.

Still, anyone on that list can cast a ballot by coming in and providing proof of residence. But if there is no response and the person does not vote for two election cycles, the law says they have to be removed from the rolls entirely.

Swoboda sued along with two others involved in GOP politics: Scot Mussi, president of the Republican-aligned Free Enterprise Club, and Steven Gaynor, who made an unsuccessful run as a Republican for secretary of state in 2018 and was briefly in the 2022 gubernatorial race before withdrawing. They asked the judge to order Fontes to “develop and implement additional reasonable and effective registration list-maintenance programs.”

Gould said his clients have a right to sue to ensure the voter rolls being as clean as possible.

“Because the secretary does not maintain accurate voter rolls, ineligible voters have an opportunity to vote in Arizona elections, risking the dilution of plaintiffs’ legitimate votes,” the lawsuit states. But Gould provided no examples of people casting ballots who did not have the right.

It didn’t matter. Lanza said even if Fontes was not maintaining the voter registration lists as required by federal law, that doesn’t mean it would result in the voters of others being diluted.

“Such dilution could result only after: (1) an ineligible voter requests an early ballot at a polling place; (2) casts a ballot; (3) that ineligible ballot is tabulated; and (4) sufficient other ineligible voters engage in the same series of steps in a number sufficient to ‘dilute’ plaintiffs’ votes,” the judge said. All that, said Lanza, was a “long chain of hypothetical contingencies” which did not rise to the level of providing a basis to sue.

The judge was no more impressed by the alternate legal theory of the challengers that Fontes’ alleged failure to comply with what federal law requires undermines their “confidence” in the election system.

“Plaintiffs effectively ask the court to find that their fear of vote dilution – which they allege erodes their confidence in the electoral process and discourages their participation – is an injury that is independent from the actual vote dilution they separately identify as one of their injuries,” Lanza wrote. 

But for the same reason Lanza said the vote dilution claim can’t stand, he said this theory was no better, saying they were “repackaging their fear of vote dilution … as an independent injury.”

More to the point, he said, their self-proclaimed fear alone of what might happen is legally insufficient to form the basis for this lawsuit.

“Plaintiffs cannot manufacture standing merely by inflicting harm on themselves based on their fears of hypothetical future harm that is not certainly impending,” Lanza wrote.

Finally, the judge rejected claims by challengers that less-than-accurate voter registration rolls mean they have to spend more money on things like voter education and monitoring elections for fraud and abuse. He called these “vague claims that a policy hampers its mission.”

Arizona Supreme Court rejects GOP bid to void executive orders to make registration and voting easier

PHOENIX — The Arizona Supreme Court won’t consider a bid by the head of the Arizona Republican Party to void executive orders issued by Gov. Katie Hobbs designed to make registration and voting easier, at least not now — and possibly not ever.

In an order Thursday, Chief Justice Ann Scott Timmer said any complaint by GOP Chair Gina Swoboda that Hobbs acted illegally should be taken to a trial court. The justice said there is no reason to bypass the regular process for filing lawsuits and going directly to the state’s high court.

And Timmer took a swat at Swoboda for arguing she needed immediate Supreme Court intervention because of “immediate ramifications” for the upcoming general election. The chief justice pointed out that the orders being challenged as illegal actually were issued by the governor in November 2023.

“Petitioners have not addressed why neither executive order was challenged until this point in time,” Timmer wrote. “An earlier challenge would have permitted the petitioners to secure a final ruling well before the upcoming election.”

There was no immediate response from Swoboda, who filed the suit along with other individuals.

Thursday’s order leaves in place two orders by the governor, which she said are designed to make registration easier and to provide some options for counties that often find themselves looking for polling places and where to locate drop boxes.

One directs state agencies to include on their public websites a link that directs users to either the Secretary of State’s voter registration website or an online voter portal operated by the Motor Vehicle Division where people can sign up to vote.

It also says the agencies should make paper registration forms available in “conspicuous public locations.” And it says if a form is completed and turned in, the agency must return it to the Secretary of State or appropriate county officials within five days of receipt.

Attorney Andrew Gould, who represents Swoboda, charged all of that “substantively and fundamentally exceeds her constitutional and statutory authority.”

The other says that state buildings can be used as voting sites or ballot drop-off locations this year and into the future.

Gould, who ran unsuccessfully to be the Republican nominee for attorney general in 2022, said state law gives the Legislature, which happens to be controlled by Republicans, the power to decide voting and ballot drop-off locations as well as enacting laws on voter registration. And he said it is the county recorder who authorizes individuals to accept registration forms and designates where the forms can be distributed and where they can be received.

So he asked the Supreme Court to issue an order enjoining the governor from enforcing either order.

The governor, for her part, was ready with a response.

In filing on her behalf, attorney Andrew Gaona told the justices there is nothing in state law that prohibits agencies from providing Arizonans with voter registration forms. In fact, he said, the law actually requires county recorders to distribute mail-in registration forms at not just fire stations, public libraries and other locations open to the public but also at government offices.

As to voting locations, Gaona said it is each county, not the governor, which determines where to establish those. Ditto, he said, of drop boxes.

All the order does, Gaona said, is gives the counties options to use government buildings.

Nor, he said, is this idea new.

He pointed out that the state made a Motor Vehicle Division office in Avondale available as a voting location in the July primary, all in cooperation with Maricopa County. And an agreement with Coconino County will allow an MVD office to be used as a site to drop off early ballots for the upcoming general election.

And then there’s the timing of the lawsuit: less than three months before the election — with a direct plea to the state’s highest court

“Petitioners should have filed in superior court months ago, but waited until the day before the ballot printing deadline for the general election in their craven attempt to cast doubt on Arizona’s elections process and limit Arizonans’ access to the democratic process,” Gaona told the justices. And he called the claims “the very definition of frivolous, relying on nonsensical reading of the orders and relevant statutes.”

That timing, and the decision to go directly to the Supreme Court, got the attention of the justices.

Timmer pointed out there are rules that say if anyone wants to bypass the normal process of filing lawsuit they have to explain why. That, she said, is lacking here.

“The court concludes that petitions have not presented adequate justification for the action to commence in this court rather than in the superior court,” the chief justice wrote.

She also pointed out it’s not like failing to address the issue right now will deprive Swoboda of any chance to challenge Hobbs’ orders which affect not just this election but all future ones. Timmer said any questions about their legality will remain even after the November general election.

Timmer was quick to say that refusing to consider the complaint was not a finding for or against either Swoboda or the governor.

“The court expresses no view on the merits of the parties’ claims or defenses,” she wrote.

Timmer did reject requests made by both Swoboda and the governor to have their legal fees paid by the other side, saying that could be revisited later.

The filing at the Supreme Court wasn’t the only bid by Gould, on behalf of Swoboda, to have the orders rescinded.

Before filing suit, Gould actually tried to get Attorney General Kris Mayes to go to court to restrain the governor’s action. That drew a skeptical response.

“I fail to understand how increased access to voter registration forms or polling places could be harmful to anyone, including your clients,” Mayes said.

And a pre-lawsuit plea directly to the governor to rescind her orders also failed to get the response that Gould was seeking.

In a written reply, Bo Dul, the governor’s general counsel, defending the legality of the actions of her boss.

“These executive orders further the important goals of increasing Arizonans’ access to voter registration,” Dul wrote. She also said one reason for allowing state sites to be used as polling locations has been complaints by some counties they find fewer suitable locations willing to do so.

Arizona GOP sues Gov. Hobbs over election-related executive orders

The head of the Arizona Republican Party wants the state Supreme Court to void two executive orders issued by Gov. Katie Hobbs designed to make registration and voting easier.

In a new lawsuit filed late Thursday, Gina Swoboda charges that the Democratic governor exceeded her authority in directing some state agencies to make voter registration forms available to the public. Swoboda said Hobbs also acted illegally in directing those agencies, including the adult and juvenile corrections systems, to act as ballot drop-off locations.

At the very least, the lawsuit says, the latter order fails to address important issues like ballot security.

Andrew Gould, the lead attorney for the lawsuit, said there are other problems.

Gina Swoboda

He said state law gives the Legislature, which happens to be controlled by Republicans, the power to decide voting and ballot drop-off locations as well as enacting laws on voter registration. And it is the county recorder who authorizes individuals to accept registration forms and designates where the forms can be distributed and where they can be received.

Swoboda in a statement called the governor’s actions a “blatant overreach of her authority.”

“We will not stand by as our constitutional rights are trampled,” she said.

Gould took the unusual step of filing the action directly with the Arizona Supreme Court versus the normal process of having to first get a ruling from a trial court.

But he told the justices there is no need for a trial since there are no facts in dispute. Gould said this is a simple legal question: Are the orders legal or not?

There is, however, something else behind that decision.

The GOP wants the case resolved as soon as possible, saying the question of whether the executive order is legal would have “immediate ramifications for the impending 2024 elections throughout the state.”

Hobbs press aide, Liliana Soto, called the lawsuit “frivolous.”

Andrew Gould (Photo courtesy Arizona Court of Appeals)

She said when Hobbs was secretary of state she “oversaw two of the most secure election cycles in history,” meaning 2020 and 2022, both of which still remain the subject of accusations and even pending lawsuits by Kari Lake and Abe Hamadeh, who lost their respective races for governor and attorney general. All the challenges have been rejected by the courts.

Soto also said Hobbs is using her “lawful authority” to protect the right to vote.

The governor is not the only one defending the action.

Before filing his own suit, Gould actually tried to get Attorney General Kris Mayes to go to court to restrain the governor’s action. That drew a skeptical response.

“I fail to understand how increased access to voter registration forms or polling places could be harmful to anyone, including your clients,” Mayes said.

At the heart of the legal fight are a series of executive orders the governor issued last November dealing with voting.

One directs the Department of Corrections, Rehabilitation and Reentry to provide instruction on getting their civil rights restored, and, by extension, their right to vote, to inmates being released. And for those already out, Hobbs directed the agency to provide the same information on its web site.

That order is not being contested.

What is at issue is Executive Order 23 to have state buildings as voting sites or ballot drop-off locations this year and into the future.

Gould, in the lawsuit, specifically mentions the fact that includes not only the Department of Corrections, Rehabilitation and Reentry but also the Department of Juvenile Corrections.

“EO 23 is silent about important issues regarding completed ballots and voting procedures including, for example, where to store completed ballots until they can be sent to the appropriate election officials or keeping a chain-of-custody log for those completed ballots,” Gould wrote.

He acknowledged that Hobbs, in issuing the order, claims she has such authority based on a constitutional provision which allows her to “transact all executive business with officers of the government … and take care that the law be faithfully executed.” But that, said Gould, is insufficient.

First, he said, the order has no expiration date, meaning it remains in place unless or until a future governor revokes it or it is declared unconstitutional by a court, what he is seeking here.

By contrast, Gould said, a 2020 order issued by then-Gov. Doug Ducey during the Covid outbreak on voting locations was written to expiret in 180 days.

Closely related to that, he pointed out Ducey acted under state laws giving the governor certain powers during an emergency.

“In contrast, here, in issuing EO 23, Gov. Hobbs cites no emergency, but rather relies on her limited and general grant of executive authority” in the Arizona Constitution.

Gould also wants the Supreme Court to void Executive Order 25 which directs agencies to include on their public websites a link that directs users to either the Secretary of State’s voter registration website or an online voter portal operated by the Motor Vehicle Division.

It also says the agencies should make paper registration forms available in “conspicuous public locations.” And it says if a form is completed and turned in, the agency must return it to the Secretary of State or appropriate county officials within five days of receipt.

All that, said Gould, “substantively and fundamentally exceeds her constitutional and statutory authority.”

Gould did send a letter earlier this month asking the governor to rescind or modify her orders.

In a response, Bo Dul, the governor’s general counsel, defended the legality of her actions.

“These executive orders further the important goals of increasing Arizonans’ access to voter registration,” Dul wrote. She also said one reason for allowing state sites to be used as polling locations has been complaints by some counties that they find fewer suitable locations willing to do so.

 

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