Today the Arizona Free Enterprise Club filed an Amicus Curiae brief with the Arizona Supreme Court in Biggs v. Brewer to defend voters and taxpayers from the legislature and the executive attempting to undermine the 2/3rd vote requirement to pass a tax hike at the legislature.

For some additional background, in 2013 the Arizona State Legislature passed a massive expansion of the Medicaid program under Obamacare, one of the largest entitlement expansion in Arizona history.  In doing so, the Legislature also created a number of new hospital fees and tax increases, despite not attaining the necessary 2/3rds majority as Constitutionally required under Proposition 108 – passed in 1992 with 72% of the vote.

In an effort to stop the challenge, the defendants of the illegal tax increase are claiming that there is no standing to sue, because ultimately the legislature has the authority to decide what constitutes a tax hike. 

“19 Senators and 33 Representatives simply do not have the power to decide what is and what isn’t Constitutional,” said Scot Mussi, President of the Club. “Arizona voters sent an unmistakable message about the need for lower taxes and spending when they overwhelmingly approved Prop 108, it cannot be ignored when it proves inconvenient for politicians.”

We are hopeful that the Supreme Court will side with taxpayers and eventually uphold the 2/3 requirement for tax increases that is enshrined in our Constitution. To view the Club’s brief, click here.

September 23–The Arizona Free Enterprise Club (Club) today filed a public records complaint in Superior Court against the Secretary of State (SOS) to end their stonewalling tactics and require that they turn over records to shed light on why they are targeting the Club.

The original public records request was requested last month to determine whether or not the targeting of the Club by the SOS was politically motivated, if their “findings” against the Club had been pre-determined, and if the office had any role in the leaking of their so-called findings to the media.

Based on recent conversations with officers within the Secretary of State’s office, there is strong reason to believe the stonewalling is intentional, not only to keep these records in the dark, but also to deny the Club the ability to respond in a timely matter to the frivolous complaint filed with the Attorney General.

“I find it ironic that the Secretary of State, who demanded that we turn over volumes of documents in just a few days, despite not having the authority to do so, is now stonewalling on our request,” said Mussi.  “There are legal remedies against state government for refusing to turn over public documents, and we intend to pursue them to the fullest until the truth is uncovered.”

To view the complaint filed in Superior Court, click here.

The Arizona Free Enterprise Club today released our latest poll for the general election, focusing on the Governor’s and Attorney General Race. The Club’s in depth poll, conducted by the Tarrance Group, shows Doug Ducey opening up a lead over Democrat Fred Duval. Among likely voters, Ducey is currently leading Duval 44% to 38%. Both Ducey and Duval are receiving strong support from their respective party, with 78% of Republicans supporting Ducey and 75% of Democrats supporting Duval. Additionally, Ducey has a small lead (36% to 34%) among independent voters.  Libertarian Barry Hess is receiving 13% support among independents.

In the Attorney General Race, Republican Mark Brnovich has a slight lead over Felicia Rotellini, 43% to 40%. This race is wide open as there is still a large segment of the voting public undecided. In fact, fully 28% of independent voters are still undecided in the AG race.

The live telephone poll of 500 respondents was conducted September 15th through the 17th and has a 4.5% margin of error.



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The Arizona Free Enterprise Club is a free market policy and lobbying group dedicated to promoting a strong and vibrant Arizona economy.