Tucson | Arizona Capitol Times

Court ruling: Cities can’t enforce prevailing wage on government contracts

Key Points:

Arizona Court of Appeals rules against prevailing wages
That means cities cannot require out-of-state companies to pay local minimum wages
The court says voters’ approval of minimum wage laws does not override 1984 law outlawing the act

Tucson and Phoenix can’t require companies working on city projects to pay what the city has decided is a “prevailing wage,” the Arizona Court of Appeals has ruled.

And neither will any other city that decides to follow suit.

The three-judge panel rejected claims that, because voters agreed in 2006 and in 2016 to let cities set their own minimum wages, those cities could also enact a law requiring employees working on government contracts to be paid at a rate equal to someone working a similar position in the same field and community. None of that, they said, overrules a 1984 ballot measure specifically outlawing prevailing wages.

There was no immediate response from Tucson on whether it would seek Supreme Court review.

The background of the issue is complex, going back to a 1933 law that required contracts for construction and other improvements paid for by the government to include provisions to pay their workers a prevailing wage. The law — similar to the federal Davis-Bacon Act — is designed to ensure that companies bidding on government contracts don’t undercut what already is being commonly paid in the area by hiring low-wage or out-of-town workers.

Attorneys for the city acknowledged the 1984 law which brought an end to prevailing wages.

But in 2006 voters approved creation of a state minimum wage of $6.75 when the federal minimum — the one that applied in Arizona until that point — was just $5.15. And voters updated it again in 2016, with automatic inflation adjustments. That figure is now $15.15.

Significantly, those laws specifically allow cities to have their own even-higher minimum wages. That figure in Tucson is $15.45.

Based on that provision — and armed with a 2023 opinion by Attorney General Kris Mayes — Tucson and Phoenix in 2024 each enacted their own prevailing wage ordinances for contracts of at least $2 million.

In approving the ordinance, Tucson Mayor Regina Romero said the change is justified.

“Workers are the foundation of our economy,” she said in a prepared statement at the time.

“To me, a prevailing wage is important because it helps to stabilize families and protect construction workers who, by the way, are often victims of wage theft and classification,” the mayor said. “It helps bring workers into the middle class and helps to reduce pay gaps for women, Black, immigrant and Latino workers.”

That drew a lawsuit from three contracting groups who argued that nothing in the minimum wage laws overrides the 1984 ballot measure. They argued that there’s a difference between a “minimum wage,” which they concede is within a city’s powers, and a “prevailing wage.”

Attorneys for the cities, by contrast, said state law defines “wage” to include all monetary compensation to an employee. And that, they said, settles the matter.

The arguments got even deeper as each side advanced a different dictionary definition of what is a “wage” and argued for the judges to reject their preferred choices.

Appellate court Judge Michael Catlett and his colleagues, however, weren’t about to go down that path, instead focusing on what is — and is not — covered under the minimum wage laws. And he said it is clear to him and his colleagues that voters in 2006 and 2016 never specifically intended to void the 1984 law.

He said the language of the minimum wage laws specifically said they were designed to ensure that “all working Arizonans deserve to be paid a minimum wage that is sufficient to give them a fighting chance to provide for their families.” And they also were designed with the idea that paying people more reduces the need for taxpayer-funded public services.

He said interpreting the law to allow local government to set their own minimum wage, as Tucson has done, “furthers those purposes.”

“But allowing local government to contractually require prevailing wages for certain employees performing certain work on certain projects does not,” Catlett wrote. He said prevailing wages don’t benefit all workers — the aim of the voter-approved minimum wage laws — but benefit “only a subset of the city’s citizens when they perform certain work on a subset of projects.”

The ruling was cheered by Timothy Sandefur, an attorney with the Goldwater Institute which represented the challengers.

“The real winners in today’s ruling are Arizona taxpayers,” he said in a statement. He said had the court decided otherwise it would have opened the door to cities deciding how much any employer pays any employee anytime a company contracts or subcontracts with the cities.

“That, of course, would cost taxpayers more — reducing their freedom of choice and their ability to invest in their own futures — all for the benefit of politicians and politically well-connected lobbyists,” Sandefur said.

The appellate court decision does not come entirely as a surprise.

In a 2024 ruling, Maricopa County Superior Court Judge Bradley Astrowsky reached a similar conclusion.

“Prevailing wage regulations are substantially different from minimum wage statutes,” he wrote. Astrowsky wrote. “A prevailing wage ordinance is not a minimum wage law.”

Attorney General Mayes demands immediate swearing-in for Adelita Grijalva

Key Points:

Attorney General Kris Mayes threatens to sue U.S. House Speaker Mike Johnson over Adelita Grijalva’s swearing-in delay
Grijalva won a special election to fill a seat vacated by her father’s death, with 70% of the vote
Mayes claims Grijalva’s delay is hindering her ability to serve constituents

Saying he’s acting illegally, Attorney General Kris Mayes is threatening to sue U.S. House Speaker Mike Johnson if he doesn’t say by the end of Oct. 16 exactly when and where Adelita Grijalva will be sworn into office.

The letter to Johnson comes weeks after voters chose the Tucson Democrat in a special election to fill the seat vacated by the death of her father.

Mayes said the election results — she defeated Republican Daniel Butierez with close to 70% of the votes cast — were never in doubt. And she reminded Johnson that he had sworn in others, albeit all Republicans, right after their special elections.

But Mayes got a legal boost to her arguments when Secretary of State Adrian Fontes formally certified the election results. She said Gov. Katie Hobbs now is transmitting formal certification to the House.

What that means, Mayes told Johnson, is there is no longer an excuse for delay.

“Ms. Grijalva no longer needs a House resolution to be sworn into office,” the attorney general said. “With the House in possession of the certificate of election, it is now a simple ministerial duty to administer the oath of office.”

But Mayes is doing more than registering the same complaints about the delay that Grijalva herself has made.

By Thursday, she told Johnson, she wants “your assurance of when and where that will take place.” More to the point, Mayes said that “must be immediate and before the House comes back into regular session.”

“Should you fail to provide such assurance, we will be forced to seek judicial relief to protect Arizona and residents of its Seventh Congressional District,” she wrote.

There was no immediate response from Johnson, who has argued that Grijalva can’t be sworn in because the House is not in session. And Mayes acknowledged that, strictly speaking, the lack of formal House meetings means she’s not being precluded from voting for or against anything.

Mayes said, though, it’s not that simple, as the duties of an elected representative go beyond formal debate and votes.

“Adelita Grijalva is getting requests from constituents right now, through her campaign website, who are dealing with flooding issues down in her district,” Mayes told Capitol Media Services.

“She doesn’t have keys to her office, she is unable to hire staffers, and she is unable to adequately represent her constituents,” the attorney general continued. “And that is absolutely outrageous.”

Nor was Mayes convinced by Johnson’s argument that Grijalva cannot be sworn in until the House is back in session.

She noted that the speaker didn’t let that get in the way of swearing in two others earlier this year. These individuals, like Grijalva, won special elections and yet received the oath of office immediately in a pro forma session.

Johnson told C-SPAN that it was different. He said Congress had unexpectedly gone out of session that day and that Reps. Jimmy Patronis and Randy Fine, both Florida Republicans, already had arranged for their families, friends and supporters to be in Washington.

Mayes, however, has her own theory about why the House speaker is dragging his feet.

“The only apparent reason why Mike Johnson refuses to swear her in (is) he doesn’t want to have the final vote on the Jeffrey Epstein files in place,” she said.

There is a bipartisan effort in the House to force a vote on the release of the federal investigative files of Epstein.

He had pleaded guilty in 2008 in Florida to state charges of solicitation of prostitution and solicitation of prostitution of a minor under 18 and was sentenced to 18 months in prison. He served just 13 months.

In 2019, federal agents arrested Epstein, charging him with similar federal crimes. A month later, he was found dead in his cell at a detention center in New York, with the medical examiner declaring it a suicide.

That ended the federal case against him. But interest remains among some House members of both parties to access what federal investigators have found, which has stalled.

Backers have already gathered 217 signatures — one short of a majority — on a “discharge petition” to force the measure to the floor. Grijalva already has said she would provide the necessary 218th signature.

There has been speculation in Washington that Johnson is delaying Grijalva’s swearing-in to give himself more time to pressure one or more Republicans who have signed the discharge petition to withdraw it.

As to her legal threat, Mayes said she has standing to sue Johnson on behalf of the state.

“We are now officially lacking one of our representatives,” she said, leaving about 813,000 residents of CD7 without a voice.

If Johnson balks, the question becomes how quickly Mayes can present the case to a judge and, eventually, obtain a final ruling.

“We would likely be seeking a declaratory judgment by a federal court,” she said, ordering Johnson to administer the oath. “Our aim is to get her sworn in ASAP because her constituents in Arizona deserve that.”

And what if either side appeals whatever the trial judge rules, delaying a final outcome?

“Beyond that, I don’t want to speak to our strategy or the arguments we’re going to be making,” Mayes said.

Tucson Mayor Romero and council stand up for ratepayers

Try asking the boss for a raise this year. Seems a lot to ask for since you just asked for a raise last year but start with this number — about 500% more than the Tucson inflation rate for last year. Be sure to let the boss know that this is not some number you just pulled out of thin air; you’re only asking for about the same percentage raise that Tucson Electric Power (TEP) now wants in its latest rate filing with the Arizona Corporation Commission.

Let me know how that goes.

Still, I have to give TEP some credit here — that is one ballsy move — asking for a 14% raise from each and every residential customer in its service area at a time of never ending summer heat and choking air. You say TEP doesn’t really care at all about you, that they’re some kind of inherently evil corporation? No, they are just a run of the mill for profit corporation doing what they are supposed to do: maximize shareholder revenue. And they’re doing a bang up job of it! The CEO of TEP’s parent company Fortis only earned a salary of $1,700,000 in 2024, but thanks to his bonuses he ended up earning about $16,000,000. Yes, that’s probably an unconscionable amount of money, but we have to give the CEO some props for giving credit where credit was due for all that bonus money. In a recent shareholder letter he singled out TEP’s Tucson base for its bottom line contributions to Fortis’ record profits.

Hey Tucson, we couldn’t have done it without you.

If TEP can squeeze more profit out of its residential customers, it will. It makes no economic sense not to do so. Really, no hard feelings, it’s just business. But what a good business it has turned out to be! The more TEP spends on ACC approved expenditures the more profit TEP makes — as of now, 9.55% of those expenditures, and soon to be 10.55% per TEP rate filing for next year. The more gas, oil and coal TEP burns to make your electricity — and the more water it uses up to cool those processes — costs you more. What a business model! It’s akin to the cigarette/nicotine model: TEP creates an ever escalating need and then charges you for the ever escalating prices — not only an endless loop of rising costs for all TEP customers but also for anyone anywhere near TEP’s climate busting exhaust — per Security Exchange Commission filings in 2024, 86% of TEP’s delivered electricity came from burning fossil fuels.

It’s a lockdown monopoly utility business model. No way out. Just pay through the nose or else.

So kudos to Mayor Romero and Council for standing up to TEP and filing as an intervenor with the Arizona Corporation Commission on TEP’s 14% increase rate filing. It’s like that old cartoon character Popeye used to say before he righted all the wrongs by downing that can of spinach and clobbering his enemies: “That’s all I can stands, I can’t stands no more.” With the current ACC members routinely drawing down on the world’s rubber supply by giving their stamp of approval on just about every TEP rate hike and expenditure request, the city of Tucson deserves our thanks and support for standing tall in that headwind and saying enough is enough.

Please pass the spinach.

Rick Rappaport is a volunteer with the Arizonans For Community Choice Energy, the Citizens Climate Lobby, and the Greater Tucson Climate Coalition.

Tucson attorney requests compensation for time wasted in Wadsack lawsuit

Key Points:

Former state Sen. Justine Wadsack dropped her civil rights claim against Tucson
Tucson attorney Joseph Williams seeks $7,838 in legal fees for time spent in preparation
Wadsack failed to show up to one of her hearings

She may have dropped her civil rights claim against Tucson, but an attorney for the city is still arguing that former state Sen. Justine Wadsack shouldn’t be excused from paying her share of the costs to prepare her case — especially as she was a no-show at one of the hearings.

In new filings, Joseph Williams tells U.S. District Court Judge Jennifer Zipps that lawyers with his firm spent time and effort preparing arguments to face off against Wadsack. Williams said it took more than nine hours of legal work preparing motions before the case was tossed. With those hours in mind, he asked that the court impose financial sanctions on Wadsack.

All totaled, he said, he and his firm are entitled to $7,838.

Wadsack, when asked for comment, responded, “pound sand,” and said “aggressive hit jobs on me are inappropriate.”

Williams also told Zipps that the fact Wadsack is no longer pursuing her claim does not excuse her from having to pay the costs she forced the city to assume in defending it. And he noted that, even in moving to drop her claims that her rights were violated when she was pulled over in 2024 for speeding in Tucson, Wadsack asked that the case be dismissed “without prejudice,” leaving open the opportunity for her to refile it at some point.

“The court has the inherent power to punish those who litigate in bad faith before it by ordering the violating party or its counsel to pay the opposing party’s attorneys’ fees,” Williams said.

In this case, he said, it was more than Wadsack simply not pursuing the case after she filed it earlier this year. Williams also stated that there was her failure to appear in court for an Aug. 26 hearing which was to determine whether Dennis Wilenchik, whom she had retained as counsel, could drop her as a client — something an attorney cannot do without court permission.

“Wadsack knew the date, time, and location of the hearing and understood the court ordered her to attend,” he said.

In a signed affidavit filing explaining her absence, Wadsack acknowledged she was aware of the hearing in federal court in Tucson. But in a signed affidavit, she told the judge she is “experiencing a family health crisis that is physically and mentally draining.”

“Consequently, I will at times lose focus and mix up specific dates and times,” Wadsack wrote. “That is what caused my failure to appear.”

Williams sniffed at that explanation.

“She was not too drained or forgetful to attend a scheduled personal event, a fact she does not dispute,” he told Zipps, pointing out the fact she posted on X the afternoon of the hearing saying she was attending an event in Phoenix.

All this stems from the 2024 traffic stop during the legislative session on East Speedway where an officer said he clocked her doing double the posted limit. She responded she was trying to get home quickly because her all-electric Tesla was about to run out of battery charge.

But Wadsack also claimed she was targeted because she was a state senator. She framed it as a retaliation for her “investigating the Tucson police, (being) an outspoken critic of the Tucson city government, (being) a member of the legislature’s Freedom Caucus, and because she is a woman and her primary opponent was a man who TPD officials felt could be controlled better.”

The officer, after consulting with superiors, did not cite her at the time as the Arizona Constitution protects lawmakers from arrest while the Legislature is in session.

But that provision is not immunity. And she was given a citation after the session.

Wadsack had the traffic charge dismissed after taking a defensive driving class.

She then turned around earlier this year and accused the officer and various Tucson officials of violating her civil rights and being part of a plan designed to undermine her reelection bid. As it turned out, Wadsack did lose the 2024 GOP primary to Vince Leach, who she had defeated just two years earlier.

Rainwater harvesting grows in the Southwest to nourish thirsty gardens in a hotter world

TUCSON, Ariz. (AP) — Nothing makes Brad Lancaster happier than a monsoon downpour.

The tall 58-year-old jumped like a kid in the puddles on the sidewalk one recent August afternoon after a half inch (1.3 centimeters) of rain suddenly fell in Tucson, Arizona, during an especially dry summer.

“Sweet!” Lancaster exclaimed, beaming when he saw how the water pooled in a basin he had dug earlier in dirt planted with native vegetation along the public walkway.

“It’s really important that you are ready to plant the rain when it comes, even if it is a small amount,” he said, referring to a simple type of rainwater harvesting that involves digging a hole to allow rainwater to sink underground and be held like a sponge. “The key is to collect every drop of it.”

In the U.S. Southwest and beyond, home gardeners and landscapers are increasingly using collected rainwater to nourish their rose bushes and cactus gardens amid worsening drought and rising temperatures fueled by global warming.

Lancaster and other rainwater harvesting specialists say home gardeners anywhere can benefit from collecting raindrops and runoff from buildings and other surfaces to irrigate plants, even in wetter regions where the practice is less common.

Rainwater collecting is widespread in many of Earth’s driest regions. In Australia, it’s often used for drinking water, bathing and flushing toilets. And in Africa — where Lancaster said he learned more about the practice — it helps communities survive.

Saving the rain is also useful in southern Arizona, which is under pressure from a long-running drought. It’s drier than ever, with Tucson receiving less than half of the about 7 inches (18 centimeters) of rain it usually sees by the first week of September.

Some of the heaviest rainfalls in Arizona and other parts of the U.S. Southwest occur in the summer, during the annual North American monsoon season.

As much as two-thirds of residential water in the desert city is used outdoors, said Adriana Zuniga, an associate research professor in environmental policy programs at the University of Arizona.

“The idea is to use less water from the tap to irrigate,” she said.

Rainwater harvesting is by no means a modern revolution.

Zuniga, who has researched water use of the Maya people who lived in what is now Central America and southeastern Mexico, noted that the ancient civilization captured rainwater to survive dry, hot summers.

“It should be fundamental to how we live in the Southwest and ultimately everywhere else in the coming years in the face of climate change,” said Tucson landscaper Eli Nielsen, who co-owns a store that sells rainwater harvesting products including rain chains that guide water from atop buildings.

Looking to create a rain collection system of your own? Here’s how to start:

Educate yourself

Find out if your state has restrictions on rainwater harvesting or requires a permit due to environmental or health and safety considerations. A tool created by the Pacific Northwest National Laboratory in collaboration with the Federal Energy Management Program can help.

See if your city or county water department has a program that encourages rainwater harvesting or has other resources. Your local community college or cooperative extension office may have educational programs offering guidance.

In the case of Tucson, the city water department offers rebates of up to $2,000 for residential rain collection systems. It works with the local nonprofit Watershed Management Group to provide free 2½-hour classes residents must take to design a collection system that qualifies for a rebate.

One class anyone can attend virtually is the Essential Rain Water Course, offered for free on YouTube. It is co-hosted by water harvesting authority Peter Coombes, an honorary professor at the Australian National University and managing director of the independent think tank Urban Water Cycle Solutions, and Michelle Avis, co-founder of the Canadian organization Verge Permaculture.

Many proponents of collecting precipitation say the most authoritative book on the subject is Lancaster’s “Rainwater Harvesting for Drylands and Beyond,” along with a second volume published later. Lancaster also offers free resources to the public on his website.

Make a plan

Decide how ambitious you want to be.

Few people are going to be as dedicated to collecting the rain as Lancaster, said Hsin-I Chang, an assistant research professor in hydrology and atmospheric sciences at the University of Arizona. She gives Lancaster credit for the practice’s popularity in Tucson.

Active harvesting systems use storage tanks, pipes and sometimes pumps. But simpler passive systems are low-tech and work by shaping the landscape with basins and other contouring alongside trees and other foliage. That allows rainwater to gather and then sink underground to recharge aquifers and nourish thirsty plants nearby.

“It’s very easy to get started with contouring,” Chang said, noting that active systems can be more expensive to set up and maintain.

Looking for more help?

If you need assistance, consider hiring a landscaper with experience in harvesting systems. You can also seek out master gardeners at local nurseries or home improvement stores.

And you can look to Lancaster for inspiration, tapping into the joy he expresses every time the rain falls.

Ex-Sen. Wadsack seeks donations for lawsuit against Tucson

Key Points:

Wadsack claims city of Tucson violated her civil rights during traffic stop
She claims stop was targeted, costing her election bid
She seeks public donations to continue court case

Former state Sen. Justine Wadsack is seeking donations she says are necessary to keep her lawsuit against the city of Tucson alive.

Wadsack confirmed to Capitol Media Services that she has set up a page at GiveSendGo, a web site that collects both money and prayers, in hopes of raising the $75,000 she says she needs to pay attorney Dennis Wilenchik.

“As you may have heard, I’m taking legal action against the City of Tucson and members of its police department for violating my civil rights and corrupting the 2024 election process,’’ she wrote on the website. “The situation is not just about a traffic stop — it’s about a leftist city government weaponizing its power against political opponents and silencing those who dare to challenge its radical agenda.’’

Wadsack, a Republican, is suing over a 2024 traffic stop by Tucson police and eventual citation that she claims was politically motivated.

Wadsack said she has collected about $1,700 from the site, and about $6,300 from other sources.

What makes all of this significant is that Wilenchik asked U.S. District Judge Jennifer Zipps last week for permission to withdraw from the case — and to do so without Wadsack’s consent.

Wilenchik declined to tell the judge the reason, saying it was “professional considerations.”

But Wadsack said that motion was based on financial considerations: She’s short of cash to pay her attorney.

“I had to take time to move,” she said, something that cost money.

Wadsack had represented LD 17, which consists of areas on the northern and eastern edge of Pima County and into Pinal County, but now lives in Gilbert. She said there were “personal reasons” for the move.

“Living in the Tucson area while suing the Tucson municipality was no longer safe for my family and I,” she said.

Wadsack said there were “many death threats” and there was “tampering with my car, things like that.”

All this is occurring against the backdrop of Wilenchik’s motion to withdraw.

He filed suit in January on her behalf following a 2024 incident in which she was stopped by a Tucson police officer who said she was driving 71 miles per hour in a 35 mph zone on Speedway Boulevard.

She did not get a ticket at the time because of a provision in the Arizona Constitution that bars lawmakers from being arrested during the legislative session. Driving 20 miles or more over the speed limit is a criminal offense.

But Wadsack did get a citation after the session was over. It was dismissed after she took a defensive driving course.

That, however, was not the end. Wadsack, through Wilenchik, claimed she was the victim of a conspiracy by Tucson police and other city officials to keep her silent. And she said it was all part of a plan that resulted in her losing her 2024 reelection campaign.

A hearing on Tucson’s bid to have the case thrown out had been set for July 30, but then came Wilenchik’s request for withdrawal, and Zipps ordered Wadsack to be in court the same day.

On July 29, she asked for a delay, saying her daughter had been seriously injured, was in a hospital in Scottsdale and she needed to be there. Zipps granted the motion, delaying anything further — including Tucson’s motion to dismiss — until Aug. 19.

Wadsack said that Wilenchik now “stands by the case.”

Wilenchik would not comment. But as of July 30, he had not withdrawn his request to Zipps to allow him to drop Wasack as a client.

As to those death threats that she said forced her to move, Wadsack did not provide any corroborating evidence, nor did she file any police reports to back up those allegations.

But she said they are real.

“I know a couple were by strangers at meetings,” Wadsack said. “But others were sent to my family and me.”

And why no police reports?

“We were very afraid to turn them into the very municipality I’m suing,” she said. “See why I left?

Adelita Grijalva sails to victory in CD7 special primary

Key Points:

Adelita Grijalva wins two-thirds of initial vote count
Daniel Hernandez conceded race shortly after results
Official tally will be days away

Adelita Grijalva beat out four other Democrats in the special primary election to replace her father in Congress, according to election results tabulated on July 15.

Grijalva was the favorite in the Congressional District 7 race since it was called after U.S. Rep. Raúl Grijalva passed away from cancer in March. She faced competition from former state lawmaker Daniel Hernandez and social media influencer Deja Foxx, but neither was able to match the younger Grijalva’s endorsements, fundraising or connections.

Hernandez conceded the race less than 15 minutes after results came in, with Grijalva easily winning over two-thirds of the vote. The Associated Press called the race at 8:19 p.m. for Grijalva, but official results will be finalized in the coming days.

“This is a victory not for me, but for our community and the progressive movement my dad started in Southern Arizona more than 50 years ago,” Grijalva said in a statement. “We didn’t get distracted by the noise or national headlines. We kept our heads down, did the work, and delivered a message rooted not just in fighting back against a dangerous and tyrannical administration – but in fighting for something: for our democracy, for the dignity of working people, and for the values that truly define Southern Arizona – justice, equity, and opportunity for all.”

Foxx’s campaign did not release a statement regarding the results at the time of publication.

Prominent supporters of Grijalva, like U.S. Sen. Mark Kelly and former U.S. Rep. Gabby Giffords, celebrated her win on social media Tuesday night.

“In Adelita, Southern Arizona will again have a dedicated public servant in Congress—one who will always work to protect our state from gun violence,” Giffords said in a post on X. “Now, we must get her across the finish line in September.”

The special primary election drew statewide and national attention in the wake of Democrats’ widespread losses in 2024. It sparked questions about age in Congress and whether the moderate or progressive side of the party should lead the charge into the 2026 and 2028 elections.

Foxx, known for campaigning on TikTok and getting her start in politics by going viral, attempted to pitch herself as the young newcomer running against an establishment career-politician. Hernandez formed his campaign around his moderate policy stances and ability to work across the aisle in the Legislature.

Ultimately, both of those messages fell flat with the voters in CD7, who seem determined to carry on Raúl Grijalva’s progressive legacy through his daughter, who brings her own fresh perspective to the seat.

Hernandez congratulated Grijalva in a post on X, but said his journey isn’t over.

“The fight doesn’t end here,” Hernandez wrote. “As a lifelong Arizonan, I’ll continue to work for the people of our state—for access to healthcare, strong public schools, and equal rights for all.”

Grijalva is expected to sail through the September 23 special general election given the district’s significant Democratic voter registration advantage. She will then have to run for the seat again in next year’s midterm elections.

Arizona must protect clean energy investments, not gut them

Arizona has long faced the reality of a hotter, drier future, and in response, the city of Tucson, local schools and neighborhoods have stepped up to lead on clean energy and climate resilience. From solar-powered elementary schools to heat-mitigation projects in disinvested communities, we have become an example of what real, local climate solutions can look like.

But now, as Congress works to advance President Trump’s so-called “Big, Beautiful Bill,” this momentum is under attack — fueled by partisan politics, disinformation and a deliberate effort to derail federal investments designed to protect our current and future health, environment and economy.

As the vice mayor and representative of Tucson’s Ward 1, I see firsthand how clean energy investments are not abstract policy — they’re already improving lives in our communities.

At Manzo Elementary, a school rooted in Barrio Hollywood, solar panels not only lower utility bills but also power classrooms and help teach the next generation what environmental stewardship looks like. Recognized as a national leader in place-based sustainability education, Manzo integrates aquaponics, school gardens, composting, rainwater harvesting and outdoor learning spaces to make climate education hands-on and culturally relevant. These efforts build climate literacy and leadership from the ground up. Manzo is a model for what community-rooted climate solutions can be: locally led, accessible and built for the future. Investments from the Inflation Reduction Act help schools like Manzo thrive, not just survive rising energy costs.

But here in the desert, we’re up against more than utility hikes — we’re facing deadly heat. Every summer, Tucson sets new records for heat-related emergency room visits. In neighborhoods like mine, where many families live in older homes without modern cooling systems, heat can be a public health emergency. The clean energy investments under threat aren’t just about grid resilience — they’re about saving lives.

What’s at stake couldn’t be clearer. Just this spring, Tucson lost over $7 million in federal funding after Republicans began targeting what they’ve called “green new scam” programs — money that would have gone to community-led climate resilience projects right here in Ward 1. That includes shade infrastructure at 20 high-use bus stops, battery storage upgrades at public-serving facilities, and transforming asphalt heat islands into green stormwater harvesting sites like the South 12th Avenue Greenway. These weren’t abstract ideas — they were shovel-ready plans that would have made our streets safer, cooler and more livable for families already on the frontlines of extreme heat. Now, they’re stalled. We can’t afford to let partisan attacks derail solutions our communities have been building for years.

To make matters worse, the current GOP budget bill being considered in Congress uses the tax dollars “saved” by gutting these critical investments to instead help pay for nearly $4 trillion in tax cuts for corporations and the rich. They want to take from communities like ours and reward Wall Street and the very wealthiest Americans.

Cities like Tucson have used IRA funding to advance clean transportation, invest in urban greening, and build neighborhood cooling solutions in areas most affected by extreme heat. Rather than gutting these programs, we should be expanding them. Imagine what we could do with continued support: more shaded bus stops across our cities, solar panels on every school, green jobs for youth, heat preparedness and home weatherization programs to protect our most vulnerable.

I urge all of Arizona’s elected leaders in Washington to put Arizona first and vote no on stripping these critical investments from communities like ours that rely on them.

Lane Santa Cruz is the vice mayor of Tucson and represents Ward 1 on the Tucson City Council.

Special election in CD7 could provide crucial insight to Democrats in 2026

Key Points:

CD7 will be the first election in the state since big losses for Democrats in 2024
Candidates hope the race will provide energy and clarity for Democrats running in 2026
Elections will be held for all statewide offices

Six months after suffering devastating electoral losses at the state and national levels, Democrats are back on the campaign trail in southern Arizona, hoping to learn from their 2024 experience.

While candidates run in a special election to fill the seat left vacant by the death of U.S. Rep. Raúl Grijalva, many are hoping the race will help energize the state’s Democratic base and provide clarity for a consistent message in 2026.

Every statewide office and all 90 legislative seats will be up for grabs next year, not to mention all nine U.S. House seats. Democrats hope to keep their tenuous hold on the top three statewide offices, while also flipping a few legislative and congressional seats.

No one is more aware of the stakes than the candidates running in the 7th Congressional District. The outcome of the primary in the deep blue district will demonstrate to the party’s top brass what kind of candidate Democratic voters are looking for and the issues they want that candidate to focus on.

At a debate hosted by Arizona PBS on May 27, all five Democratic candidates agreed that the party is not doing enough to fight back against Republicans and President Donald Trump.

“This special election is the first referendum on 2024,” said Deja Foxx, a 25-year-old social media strategist running in the primary. “Did we learn our lessons, and who will we be as a party and a country in 2026? I hope, I pray, that the answer is newer, better, stronger.”

All the candidates and many voters in the district say the most significant lesson Democrats can learn is in their messaging. Daniel Hernandez, a former state representative running for the seat, is hitting that point especially hard.

“I think the biggest thing that we need to focus on as a party — for folks here at the state level who are going to hopefully run and get reelected like (Gov.) Katie Hobbs and (Secretary of State) Adrian Fontes — is the actual things that voters care about and not lecturing them,” Hernandez told the Arizona Capitol Times. “I think people are just sick and tired of the fighting, and they want to know what you’re going to actually do to solve problems.”

Voters in CD7 feel similarly, even if they do not plan to vote for Hernandez in the upcoming primary. Frank Sotomayor, a retired journalist who is volunteering his time with Adelita Grijalva’s campaign, echoed those sentiments.

“I think that the Democrats need to focus more on bread and butter issues, the economy, the bill at the grocery store, at the gas station,” Sotomayor said.

Foxx, the youngest candidate in the race, would be the first woman of Generation Z in Congress if elected. She is acutely aware of the problems with age in the Democratic Party and the fact that this seat only opened up because its occupant passed away.

“Age is central to the conversation,” Foxx said. “We can pretend it’s not, but it matters to voters.”

The last eight members of Congress to pass away while in office were all Democrats, according to Business Insider. Raúl Grijalva was one of three House Democrats who passed away in 2025.

Foxx said she believes the lack of a robust primary process in safe districts has contributed to the age problem among Democrats. That opinion is partially informed by her role as a surrogate for Kamala Harris’ 2024 presidential campaign, after Harris took over President Joe Biden’s candidacy without going through a primary.

“People value primaries (and) being a part of the process,” Foxx said. “We heard that loud and clear in the Tik Tok comment sections and on the ground.”

State Senate Minority Leader Priya Sundareshan, D-Tucson, said she hopes the special election will help Democrats regain momentum and build toward goals they didn’t reach in 2024 — like flipping the Legislature. Sundareshan also serves as the co-chair of the Arizona Democratic Legislative Campaign Committee and said she has hope Democrats can flip some seats in 2026 despite losing ground last year.

“After this race, it starts the process of mobilizing people towards electoral campaigns to show that there is an outlet, there’s a political outlet for your frustrations,” Sundareshan said. “And this is the most productive way that you can get engaged is by electing candidates that will champion your issues and your causes.”

Jacqueline Ortiz, another volunteer for Adelita Grijalva’s campaign, said Democrats need to remember to fight for every vote, including those from members of their own party.

“2024 was rough, and I feel like the Democrats realized that they can’t take anything for granted,” Ortiz said. “(Just) because (someone) voted blue in the last election doesn’t mean they’re going to vote blue again.”

Grijalva, Hernandez and Foxx file nominations to replace the late Raúl Grijalva

Key Points

Late-U.S. Rep. Raúl Grijalva’s death left a vacancy in CD7
Three popular Democrats, including Grijalva’s daughter, have filed for the seat
The race will be a battle between moderate and progressive Democrats

The stage is set in the race to fill late-U.S. Rep. Raúl Grijalva’s seat in Congressional District 7 after candidates filed nomination petitions on April 14 to secure their spot on the ballot.

In a race that is all but certain to be decided in the primary, all eyes have been on the Democratic candidates Adelita Grijalva, Daniel Hernandez and Deja Foxx.

All three submitted far more than the required 798 signatures to make the ballot by the deadline, with Grijalva submitting the most at 1,812.

Grijalva, who hopes to fill her father’s seat, noted she reached the 798 signature requirement only four and a half hours after announcing her candidacy thanks to the state’s online signature gathering website. She told reporters at a press conference on April 14 that her success indicates that voters in CD7 are looking for someone to carry Raúl Grijalva’s progressive torch.

“Nobody’s going to be able to fill my father’s shoes, and I’m not going to try. But I do stand on really broad shoulders, and I’m standing on my own two feet,” Grijalva said.

She recently resigned from her position on the Pima County Board of Supervisors, where she served for four years, to run for the CD7. Prior to that, Grijalva served for 20 years on the Tucson Unified School District Governing Board.

Hernandez, a former state lawmaker, is also part of a political family with deep ties to Tucson. He and his sisters, state Reps. Alma Hernandez, D-Tucson, and Consuelo Hernandez, D-Tucson, are known for their moderate bent and pro-Israel stances.

Scott Jones, the state legislative director for the International Association of Sheet Metal, Air, Rail and Transportation Workers, announced the union’s endorsement of Daniel Hernandez at a press conference on April 14 because of that centrist streak.

“They are very moderate, they can work with anybody and everybody that will work with them,” Jones said of the Hernandez siblings.

Hernandez submitted 1,724 signatures and announced that his campaign has raised over $400,000 and secured another union endorsement from the Arizona Federation of Teachers. Grijalva and Hernandez will be fighting for crucial endorsements in the next few weeks from labor unions, environmental groups and progressive organizations.

Grijalva noted that many organizations are not yet ready to endorse because they were not expecting to have to make endorsements during an off-year for Arizona elections. But she has the backing of some of Arizona’s largest Democratic names, like U.S. Sens. Ruben Gallego and Mark Kelly and former U.S. Rep. Gabby Giffords.

The two candidates have split the state Legislature’s Democratic caucus nearly in half, with Hernandez claiming endorsements from state Sens. Eva Diaz, Sally Ann Gonzales and state Reps. Kevin Volk, Elda Luna-Najera, Myron Tsosie and Lydia Hernandez. Grijalva is backed by Senate Minority Leader Priya Sundareshan, Sen. Rosanna Gabaldon and Reps. Marianna Sandoval, Betty Villegas, Stephanie Stahl Hamilton, Nancy Gutierrez and Chris Mathis.

The race is shaping up to be a fight between progressive and moderate Democratic ideas, with Grijalva pledging to uphold her father’s legacy and Hernandez arguing Democrats did not have a winning message in 2024.

“I think the biggest problem that we’re having right now is the Democratic party is, frankly, out of touch with what the needs are of everyday Arizonans,” Hernandez told The Arizona Capitol Times.

Hernandez did not directly respond to a question about whether or not he is the moderate candidate in the race, but emphasized his ability to work with people in both political parties during his time in the Legislature and said it is something he plans to carry over if elected.

Grijalva has yet to respond to inquiries from the Arizona Capitol Times.

While Grijalva and Hernandez are the highest profile candidates in the race, they are not the only Democrats on the primary ballot. Deja Foxx, a political influencer who worked on Kamala Harris’ presidential campaign in 2024, is also running for the seat.

Foxx has framed herself as an alternative to the traditional Democratic establishment and is one of several Gen Z candidates running for blue seats in congress this year. Her campaign did not immediately respond to a request for comment.

The candidates have limited time to get their message out to voters, with mail ballots going out on June 18 and the primary scheduled to take place on July 15.

Legislative committee leaders set, House Freedom Caucus members not chosen

In appointments that political observers say is unusual, Senate President Warren Petersen gave a committee chair to a freshman while not appointing two seasoned lawmakers to lead committees.

Senators-elect Tim Dunn, R-Yuma, and Vince Leach, R-Tucson, will only have vice chair positions on committees.

Leach, who is set to return to the Senate after he lost to Tucson Sen. Justine Wadsack in the 2022 primary election, began serving in the House in 2015 and in the Senate in 2019, but he did not chair any committees in his first two terms as a senator.

Still, he said he’s pleased with his appointments.

“Looking forward to a very productive term,” he said in a text message.

Dunn has served in the House since 2018 and is moving to the Senate. He was the chairman of the House Government Committee in the previous two legislative sessions.

Lobbyist Barry Aarons said he was surprised to see Dunn not be assigned a committee chairmanship. He thought the Committee on Natural Resources might be a good spot for Dunn because of his work on water policy throughout his tenure in the House.

Petersen instead appointed Sen. T.J. Shope, R-Coolidge, as chair of the Natural Resources Committee and Dunn as its vice chair, which Aarons spoke highly of.

“Shope knows those issues and he’s a rural legislator,” Aarons said. “Tim Dunn is very much like T.J. Shope. They’re both fair, reasonable guys.”

Shope was previously the chairman of the Senate Health and Human Services Committee, but he said he looks forward to leading the Natural Resources Committee after serving on House and Senate versions of it for 10 of the last 12 years he’s been at the Legislature.

Shope said a priority he will address in the upcoming legislative session is an “Ag-to-Urban Conservation Program,” which would allow developers to build within an active management area using groundwater from agricultural land.

During the recent legislative session, Gov. Katie Hobbs vetoed SB1172 and wrote in her veto letter that Shope’s “Ag-to-Urban” proposal was too broad and she didn’t think the program should be universally adopted to all the state’s active management areas.

“The Ag-to-Urban Conservation Program would have allowed (agriculture and homebuilding) to work together to increase housing supply while conserving water, but Gov. Hobbs elected to stand in the way,” Shope said in a statement after being named chair of the Natural Resources Committee.

Petersen also appointed Carnie Werner as chair of the Committee on Health and Human Services. Werner will be serving her first term in the Legislature, and Aarons said it is unusual to see a freshman lawmaker get a committee chairmanship, but he thought she would do well in the role.

“It’s unusual, but I know this president and his campaign really put a lot of effort into Werner’s district,” Aarons said.

Petersen also combined the Senate Judiciary and Elections committees, while splitting up public safety from the Military and Border committee.

The full Senate committee list is as follows:

Committee on Appropriations, chaired by Sen. John Kavanagh, R-Fountain Hills.
Committee on Education, chaired by Sen. David Farnsworth, R- Mesa.
Committee on Finance, chaired by Sen. J.D. Mesnard, R-Chandler.
Committee on Health & Human Services, chaired by Werner.
Committee on Military & Border, chaired by Sen. David Gowan, R-Sierra Vista.
Committee on Natural Resources, chaired by Shope.
Committee on Federalism, chaired by Mark Finchem, R-Prescott
Committee on Judiciary & Elections, chaired by Sen. Wendy Rogers, R-Flagstaff.
Committee on Government, chaired by Sen. Jake Hoffman, R-Queen Creek.
Committee on Public Safety, chaired by Rep. Kevin Payne, R-Peoria (Payne is moving to the Senate from the House).
Committee on Regulatory Affairs, chaired by Sen. Shawnna Bolick, R-Phoenix.

Democratic consultant Gaelle Esposito said she was disappointed to see the return of the federalism committee and having Rogers now be the chair of both elections and judiciary bills. She said the committee has typically been about “non-elections-related and conspiracy theories and pointless postcards to the U.S. government.”

“I look forward to another couple of legislative sessions where every week, I have to hear the most dehumanizing s*** about people like me,” Esposito, a trans woman, said.

There will be no Senate Commerce Committee nor a Senate Transportation Committee, which have long been standing committees.

A Senate news release noted transportation-related measures will likely be heard in the Appropriations or Public Safety Committees, while commerce-related bills will likely go through the Regulatory Affairs Committee.

House Speaker-elect Steve Montenegro also announced his committee chairmanships on Nov. 18.

Montenegro has also added some committees from last session’s standing House committees. The House will now have Representative-elect Tony Rivero chairing the International Trade Committee and Rep. Beverly Pingerelli, R-Peoria, will chair the Science and Technology Committee.

Rep. Neal Carter, R-San Tan Valley, will be the new House Speaker Pro Tempore, previously filled by Rep. Travis Grantham, R-Gilbert, who is termed out of the House.

“Neal is a principled conservative leader who has demonstrated exceptional leadership and a deep respect for the legislative process,” Montenegro said in a news release. “His thoughtful approach and dedication to public service make him a valuable partner in guiding the House and a great addition to an already stellar team.”

The House’s full standing committee list is as follows:

Appropriations, chaired by Rep. David Livingston, R-Peoria.
Commerce, chaired by Jeff Weninger, R-Chandler.
Education, chaired by Rep. Matt Gress, R-Phoenix.
Federalism, Military Affairs & Elections, chaired by Rep. John Gillette, R-Kingman.
Government, chaired by Walt Blackman, R-Snowflake.
Health & Human Services, chaired by Rep. Selina Bliss, R-Prescott.
International Trade, chaired by Rep. Tony Rivero, R-Poeria..
Judiciary, chaired by Rep. Quang Nguyen, R-Prescott Valley.
Land, Agriculture & Rural Affairs, chaired by Rep. Lupe Diaz, R-Benson.
Natural Resources, Energy & Water, chaired by Rep. Gail Griffin, R-Hereford.
Public Safety & Law Enforcement, chaired by Rep. David Marshall, R-Snowflake.
Rules, chaired by Rep. Laurin Hendrix, R-Gilbert.
Transportation & Infrastructure, chaired by Rep. Leo Biasiucci, R-Lake Havasu City.
Science and Technology, chaired by Rep. Beverly Pingerelli, R-Peoria.
Ways & Means, chaired by Justin Olson, R-Mesa.

Republican consultant Barrett Marson noted several Freedom Caucus members of the House were not appointed as committee chairs.

“Much of the Freedom Caucus is now in the Find Out phase of the FAFO after mostly being shut out of committee chairmanships. I guess repeatedly chastising @SteveMontenegro AFTER he got the caucus nod wasn’t an effective strategy,” Marson wrote in a Nov. 18 X post.

LD17 candidate John McLean killed in car crash

The Tucson Police Department confirmed Friday a candidate who ran for the state Senate died in a vehicle accident.

A department news release said Democrat John McLean died in a collision with an impaired driver.

Tucson emergency responders were called at 6 a.m. Friday to respond to the accident. McLean, 68, was pronounced deceased at the scene.

McLean ran for Senate in Legislative District 17. He trailed Republican Vinch Leach at the time of his death.

Police determined through interviews and roadway evidence that McLean was driving eastbound on Broadway Boulevard in a 2019 Toyota Rav4 at the time of the accident. The other driver, Michael Martin Creel, was driving a 2018 Ford Explorer and failed to stop at a posted stop sign, according to the police news release. Creel hit the passenger side of McLean’s vehicle at a speed officers are still trying to determine

An officer determined Creel, 27, was allegedly impaired at the time of the collision. Creel was jailed on suspicion of manslaughter and aggravated drunken driving. He is currently being held at Pima County Jail.

Several Republican and Democrat legislators expressed their condolences upon learning of McLean’s death, first reported by the Arizona Daily Star.

Leach said McLean was a good man who conducted himself honorably as a candidate.

“My deepest condolences go out to John’s family and friends in this most difficult time. As a third-generation Arizonan, the lives John positively touched during his life are incalculable, and we should all be so fortunate to do the same.”

Rep. Consuelo Hernandez, D-Tucson, said in a post on X that McLean was filled with so much hope for our future.”

“He was one of the few people who made it a point to greet every volunteer, learn their names and thank every person. What a loss. My condolences to his family,” Hernandez wrote.

A X post from Senate Democrats said the caucus was heartbroken to learn of McLean’s death.

“He spent his final days fighting for a better Arizona and we could not be more thankful for his work and dedication to our great state. We extend our deepest sympathies to John’s family and loved ones,” Senate Democrats wrote in the post.

Key Points:

Arizona Court of Appeals rules against prevailing wages

That means cities cannot require out-of-state companies to pay local minimum wages

The court says voters’ approval of minimum wage laws does not override 1984 law outlawing the act

Key Points:

Attorney General Kris Mayes threatens to sue U.S. House Speaker Mike Johnson over Adelita Grijalva’s swearing-in delay

Grijalva won a special election to fill a seat vacated by her father’s death, with 70% of the vote

Mayes claims Grijalva’s delay is hindering her ability to serve constituents

Key Points:

Former state Sen. Justine Wadsack dropped her civil rights claim against Tucson

Tucson attorney Joseph Williams seeks $7,838 in legal fees for time spent in preparation

Wadsack failed to show up to one of her hearings

Educate yourself

Make a plan

Looking for more help?

Key Points:

Wadsack claims city of Tucson violated her civil rights during traffic stop

She claims stop was targeted, costing her election bid

She seeks public donations to continue court case

Key Points:

Adelita Grijalva wins two-thirds of initial vote count

Daniel Hernandez conceded race shortly after results

Official tally will be days away

Key Points:

CD7 will be the first election in the state since big losses for Democrats in 2024

Candidates hope the race will provide energy and clarity for Democrats running in 2026

Elections will be held for all statewide offices

Key Points

Late-U.S. Rep. Raúl Grijalva’s death left a vacancy in CD7

Three popular Democrats, including Grijalva’s daughter, have filed for the seat

The race will be a battle between moderate and progressive Democrats