State Senate Passes Repeal Amidst Fierce Battle, the Future of Abortion in Arizona Still in Limbo

State Senators Anthony Kern, TJ Shope, and Jake Hoffman

Republican Senators Shawnna Bollick and T.J. Shope voted with Democrats to approve the repeal of the current abortion law in Arizona.  Senator Jake Hoffman, Chair of the Arizona Freedom Caucus, asserted that Republicans “got rolled” as Democrats expedited the repeal of the 1864 law through strategic tactics aimed at bypassing procedural rules. Hoffman stated that Republicans “don’t roll their colleagues” very often, but when they do, it’s always to the detriment of Arizonans. Hoffman said that the 1864 law was “one of the best, strongest pro-life measures in the country.” He added that it is reflective of our founding fathers’ intent: the right to life. Republican Sonny Borelli criticized the decision, stating that bringing this vote forward was a violation of the process. He emphasized the lack of debate, committee involvement, or discussion, noting that everything was bypassed.

Senator Bolick, married to Arizona Supreme Court Justice Clint Bolick, who ironically is part of the majority on the Court that upheld the current law, faced disruptions from both the gallery and fellow Senators as she spoke for over twenty minutes. She detailed her personal experiences with pregnancy complications while emphasizing that “every pregnancy is different.” Abortion has become a rallying cry for Democrats seeking to enshrine abortion rights until birth in the state constitution through a November ballot measure. Bolick stated that she “wants to protect our state constitution from unlimited abortions up until the moment of birth” and said her vote was to protect “more babies.” T.J. Shope did not comment on his vote. Senator Anthony Kern strongly stated, “we are voting for death.”

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Arizona Supreme Court Hears Oral Arguments from Arizona Republican Party Appealing Sanctions over Election Lawsuit, Grills Opposing Attorney

Arizona Supreme Court

The Arizona Supreme Court heard oral arguments last week from the Arizona Republican Party (AZGOP) and opposing litigant Secretary of State (AZSOS) over lower courts awarding sanctions against the AZGOP for filing a “groundless” lawsuit “in bad faith.” The AZGOP sued Arizona officials immediately after the 2020 election for conducting a post-election audit that the AZGOP contended did not comply with the law. The AZGOP said the law required the audit to be conducted at the precinct level, but the audit was conducted at the voting center level according to the state’s Election Procedures Manual (EPG), which the AZGOP claimed contradicted state law. 

The AZGOP said A.R.S. § 16-602 requires precinct-level audits. The relevant part of that statute, (B)(1), provides, “ At least two percent of the precincts in that county, or two precincts, whichever is greater, shall be selected at random from a pool consisting of every precinct in that county.” In contrast, the EPM states that in counties which utilize vote centers, vote centers will be used for the audits. 

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