PHOENIX โ Democratic leaders are going to court, accusing a nominating panel of trying to pass off partisan Republicans for what is supposed to be a nonpartisan slot on the Independent Redistricting Commission.
They say they need a quick answer because House Speaker Rusty Bowers has started the appointment clock running with his decision this week to name Tucson developer David Mehl as his pick for the IRC.
House Minority Leader Charlene Fernandez and David Bradley, her Senate counterpart, contend two of the five nominees who could wind up chairing the commission are really Republicans.
That violates the constitutional requirement for how the panel has to be made up, they contend.
The dispute is more than academic. The makeup of the commission will determine which party gets a political edge in legislative and congressional elections for the coming decade.
Prior to 2000, the lines for districts were drawn by the Arizona Legislature. But that often resulted in more districts favorable to the party already in power.
That year, voters created the Independent Redistricting Commission of five members, four chosen by the legislative leaders of the two major parties, and those four selecting a fifth, the person who is supposed to be the political independent.
In all cases, they have to choose from a list of those nominated by the Commission on Appellate Court Appointments: 10 from each political party and five not registered with either of the two major parties.
The Democrats say two of the five who are supposed to be independents are really not.
One complaint involves Thomas Loquvam.
Constitutional rules preclude anyone who as been โa registered paid lobbyistโ within the past three years from serving on the redistricting commission, said Jim Barton, attorney for the Democratic leaders.
Loquvam said on his application that he is not a paid lobbyist because he is not โcompensated for the primary purpose of lobbying on behalf of a principal.โ But Barton pointed out he actually is listed on the Arizona Corporation Commission website as a lobbyist for utility company EPCOR.
There was no immediate response from Loquvam.
The complaint against Robert Wilson is a bit more complex.
About 30 volunteers took part in the pickup organized by Caterpillar Inc. in partnership with Tucson Clean and Beautiful and the Sonoran Institute. In addition, several employees worked with the Sonoran Institute on riverbed litter quantification studies. These simple surveys identify and categorize trash found with in 10 meter by 10 meter square areas with the goal of learning ways to control pollution at its source and coming up with strategies to better capture trash once it has reached the riverbed. Here, Luke Cole with the Sonoran Institute explains more about the surveys. (Josh Galemore/Arizona Daily Star)
Barton acknowledges that Wilson has been a registered independent since 2005. But he told the court that โon information and belief,โ Wilson voted Republican in 2010, 2014 and 2018.
โIโm curious to know how anyone knows how I voted,โ Wilson responded to Capitol Media Services. โAnd I have a call in to the county recorderโs office to find out what information is and is not public relative to that.โ
He acknowledged he contributed $500 in 2010 to the presidential bid of Republican John McCain, but said it was because the senator was โa fellow Navy veteran.โ
Then thereโs what was described by Barton as an August political rally for President Trump in the parking lot of Timberline Firearms in Flagstaff, which Wilson owns.
โIt was not a rally,โ Wilson said.
He told Capitol Media Services he was contacted by a local Republican who asked if they could use the lot for a meeting with Republican candidates.
โAs a small-business owner whoโs faced lots of challenges in the past few months, the thought of having a couple of hundred people in my parking lot, and to educate people, I agreed to that,โ Wilson said. โAt no time did I endorse anyone.โ
Barton wants a judge to declare that the Commission on Appellate Court Appointments violated the Arizona Constitution by nominating the two and require the panel to submit two new names of people who do meet the criteria.
A spokesman for Chief Justice Robert Brutinel, who heads the appellate court commission, said he could not comment โbecause these questions and issues could come before the court.โ
โThe arguing sides will make their case and the courts will consider the arguments in reaching a decision,โ said the spokesman, Aaron Nash.
The reason Barton wants quick action on the lawsuit has to do with another provision of the Arizona Constitution. It says the first appointment goes to Bowers as the House speaker, followed by a pick by Fernandez as minority leader, one by Senate President Karen Fann, and then one by Bradley as the top Senate Democrat.
But it also says that once a pick is made, the next must come within seven days. And while Barton figures that the process does not have to start legally until the end of January, he said Bowers, in tapping Mehl on Thursday, now forces Fernandez to act by this coming Thursday or forfeit her choice, something he said should not happen while the legality of the nominations of Loquvam and Wilson is being litigated.
So Barton is asking Maricopa County Superior Court Judge Janice Crawford to legally bar future appointments โ and save Fernandez from having to make a pick at this point โ until the litigation is resolved.
The makeup of the Commission on Appellate Court Appointments itself has been the subject of questions of whether it has been skewed by Republican Gov. Doug Ducey.
Until this year, none of the members of the panel, who are appointed by the governor, were Democrats.
In fact, questions were raised about the two โindependentโ nominees Ducey tapped last year, as one had previously been a Republican precinct committeewoman who had donated to GOP candidates, and the other is married to the daughter of state Rep. Steve Pierce, R-Prescott, and lobbied for Duceyโs Arizona Commerce Authority.
Only last July did the governor pick three Democrats for vacancies on the 16-member commission.
Photos: Stock car racer Kelly Jones returns to the track after a six year hiatus
Kelly Jones
Updated
Kelly Jones heads for the track to run a heat in the Thunder Trucks division at Tucson Speedway, Tucson, Ariz., October 17, 2020. It was Jones first time behind the wheel at the track after taking six years off to support her two kids and husband Dustin with their racing and help run the family business.
Kelly Jones
Updated
Racer Kelly Jones, left, talks with her dad, Colin Germain, about her upcoming qualification laps in the Thunder Trucks division as husband Dustin dives into the truck cab for some last minute adjustments, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Kelly Jones laces up her shoes, the same ones she last used 16 years ago at age 18, prior to her practice laps at Tucson Speedway, and her return to racing after taking off the last six years, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Kelly Jones and her husband Dustin sit on the ramp to the trailer to talk about her qualifying run, where she placed fifth in Thunder Trucks, at Tucson Speedway, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Dustin Jones gives his son Devin a hug in the pits at Tucson Speedway while crewing his wife Kelly's return to the track after six years, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Devin Jones talks to his mom Kelly Jones while she waits in line to make her qualifying run in the Thunder Trucks at Tucson Speedway, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Dustin Jones gives his wife Kelly a big thumbs up as she rolls into post race inspection after her fourth place finish in Thunder Trucks, the feature race at Tucson Speedway, and her fist race in six years, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Thunder Trucks driver Kelly Jones gets a hug from her daughter Keirstin as the two wait in the pits for Kelly's race at Tucson Speedway, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Kelly Jones gets a congratulatory kiss from husband Dustin after she drove to fourth place finish in Thunder Trucks at Tucson Speedway, Tucson, Ariz., October 17, 2020. The two met as teenagers racing at the speedway.
Kelly Jones
Updated
Dustin Jones checks in with his wife Kelly before she takes to the track at Tucson Speedway for a practice run, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Devin Jones climbs on the family golf cart to watch his mother Kelly turn in some practice time on the track at Tucson Speedway, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Colin Germain takes lap times as his daughter Kelly Jones returns to the track after six years during her practice laps at Tucson Speedway, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Keirstin Jones unloads the new tires for the truck her mother Kelly Jones is readying to race at Tucson Speedway, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Racer Kelly Jones takes her Thunder Truck through turn two during a practice session at Tucson Speedway and her return to racing after six years, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Racer Kelly Jones talks with her family and friends about the handling of her truck after driving to a fourth place finish at Tucson Speedway, her first race after a six year hiatus from racing, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Racer Kelly Jones brings her truck, center in yellow, blue and black, into turn one in the night's preliminary heat at Tucson Speedway as she returns to the track after six years, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
Keirstin Jones holds the brake pedal down so her dad Dustin can get the lug nuts off a rear wheel as he readies the truck for his wife Kelly Jones to run during practice at Tucson Speedway, Tucson, Ariz., October 16, 2020.
Kelly Jones
Updated
Kelly Jones adds sunglasses to her equipment before taking a late afternoon qualifying run in Thunder Trucks at Tucson Speedway, Tucson, Ariz., October 17, 2020.
Kelly Jones
Updated
16-year-old Kelly Germain proudly displays the back of her racing helmet in 2002. She says many other students at Saguaro High School think it's pretty cool that she races and many of the boys claim they could beat her in a race..
Kelly Jones
Updated
Nineteen year-old racer Kelly Germain (now Kelly Jones) sits on her car to weight it while her dad, Colin Germain, make a suspension adjustment to the rear of the car at Tucson Raceway Park on March 19, 2005.
Kelly Jones
Updated
Kelly Germain, back to the camera, gets a hug from boyfriend Dustin Jones, at a practice at Tucson Raceway Park on March 19, 2005.
Kelly Jones, racing family
Updated
Dustin Jones, left, and his girlfriend (now wife) Kelly Germain, with their cars at Tucson Raceway Park in 2004. They were two of the best racers in the Late Model series at TRP, and they're also a couple - an odd arrangement in the competitive world of motor sports.
These 3 race car-driving girls just made Tucson Speedway history
UpdatedThe first time she raced on the track, Quinn Davis was 5 years old.
Sheโll never forget what happened.
Quinn climbed into a club car and drove 10 laps around the Tucson Quarter Midget Associationโs Marana track. Then she couldnโt stop.
Really. Quinn didnโt know how to stop the car.
โI hit the wall,โ says Quinn, now 11. โAnd I wanted to do it again.โ
Quinnโs driving quickly improved and she went on from driving a club car โ a four-cylinder vehicle weighing a few hundred pounds and traveling upwards of 45 mph around a 1/20-mile track โ to win four championships in the association before moving up to Bandolero racing on Tucson Speedwayโs 3/8-mile track. Sheโs had success with the larger Outlaw Bandolero vehicles as well. Earlier this month, Quinn took third in points in this yearโs Outlaw season, for drivers who are 11 years old and older.
For the first time in Tucson Speedway history, the top three Outlaw Bandolero point leaders โ Anika OโBrien, Keirstin Jones and Quinn Davis, who finished in first, second and third place, respectively โ are girls.
The Outlaw cars are small but mighty, capable of reaching speeds up to 70 mph .
The sport has obvious dangers. But these girls are taking risks in order to achieve their goals, and theyโre tearing it up on the track while slashing stereotypes in whatโs historically been a male-dominated sport.(
Theyโre also forging friendships, supporting each other and providing a solid example of good sportsmanship to drivers of all ages.
All three girls had their struggles during the trackโs shortened 2020 season, including crashes and breakdowns, but they stayed focused and stuck together as they drove their way to success.
โI knew my car had it and I had itโ
Anika says nothing compares to racing.
โThe adrenaline is what makes it fun,โ Anika said. โEvery time you go on the track, you donโt know what could happen. You have a split-second to decide what to do in a situation.โ
The 14-year-old has been driving for five years, but is still two years away from earning her driverโs license, something she calls โnot fair.โ
Like Keirstin and Quinn, Anika was born into racing. Her dad, Brian OโBrien, began racing stock cars when he was 21 years old. He was Tucson Speedwayโs 2016 and 2017 Pro Stock Champion. He also finished second in points in 2018 and again in 2020.()
โEventually, I want to move up and race against him,โ Anika OโBrien said.
Anika began her racing career five years ago in the racetrackโs Bandit division, which is for drivers ages 8 through 11. Sheโs been a rising star from the start. In her three seasons in the division, she took one Rookie of the Year and two championships before moving up to the Outlaw division.
โLast year, when I moved up to Outlaw, I got Rookie of the Year,โ Anika said. โThis year, I was hoping for another championship title. That was my goal.โ
She has finished in the top five in all four races sheโs competed in this year. On Oct. 3, she finished first.
โI knew my car had it and I had itโ that day, Anika said.
Next year, Anika will compete in the speedwayโs Hobby Stock Division, driving an early 1980s Monte Carlo that she and her dad built earlier this year.
โI raced it once this year, but at a practice the weekend after the first race I crashed into the wall and wrecked it,โ Anika said.
The car survived, and Anikaโs father drove it to a second-place finish in the Hobby Stock seasonโs final race last weekend. Anika and her mother, Kristi, proudly watched.()
Anika wants to keep racing for as long as she can. She wants to be a police officer someday, saying she isnโt particularly interested in racing professionally.
โI wouldnโt be interested in going big-time, because itโs not the same, but I do want to continue with short track racing,โ Anika said. โMy favorite part is the fun of it. Going out there every weekend, you meet a whole bunch of great people.โ
โThis was a special seasonโ
One of those โgreat peopleโ is 13-year-old Keirstin Jones, whose racing bloodlines run deep.
Her parents, Dustin and Kelly, competed at the speedway as teenagers and later married. Keirstin Jonesโ uncle, Dylan Jones, was crowned Pro Stock season champion last weekend. Her younger brother, Devin, races in the trackโs Bandit division.
Keirstin Jones was 8 years old when she got her start in go-karts, She moved up to Bandolero racing three years ago. Last year, during her first season in Outlaws, Keirstin came in third in points.
โMy favorite thing is just having fun and winning,โ said Keirstin, who has been racing alongside โ and against โ Anika for the past three years. โThis was a special season, because it was all three girls.โ
When sheโs not busy working on her car and practicing at the track, Keirstin also plays volleyball at Old Vail Middle School.()
After the shortened season, Keirstin is eager to get back on the track next year for a full โ and possibly final โ season in the Outlaw division. Racing resumed in August following the coronavirus pandemic closures, but with only a few months left in the season, there was only time for three more races.
Keirstin can move up from Outlaw racing when she turns 14, but will likely compete in the full season before โprobablyโ moving up to Thunder Trucks, the same division in which her mom just made her racing return.
Keirstinโs second-place finish was a highlight of her racing career. As far as a career in racing goes, thatโs yet to be decided.
โIt kind of depends on how everything goes,โ Keirstin said.
Whatโs not up in the air is her love for racing and all that comes with it.
Itโs a very competitive sport, but itโs also a nice (way to form) friendships,โ Keirstin said. โIโve made so many friends at the racetrack.โ
โItโs not about trophies for meโ
While Anika and Keirstin spent last weekend at Tucson Speedway, Quinn was at the Las Vegas Motor Speedway Bullring and Dirt Track, competing in the Bandoleros at INEX Asphalt Nationals.
Quinn loved racing quarter midgets, but at 10, she and her parents realized she was outgrowing the car. She decided she wanted to move over to Bandoleros, and had an impressive first season. Quinn finished fifth in points after only racing half the season, and was named Rookie of the Year.()
โI like to have fun,โ Quinn said. โItโs not about the trophies for me. Itโs about having fun.โ
Like her friends, Quinn was born into racing. Her father, Mark, raced off-road vehicles and motorcycles, and at one point worked as a NASCAR official.
โItโs really surprising that some people say that girls arenโt capable of stuff,โ Quinn said. โI do this to make girls have a positive energy and give them inspiration to do this and try other sports as well that boys like to do. Weโre not allowed to do baseball, but we can do softball.โ
Quinn said the sport allows her to let out her emotions on the track. โTheyโre really strong at this point because of COVID and not being able to see anyone. You can get them all out on the track,โ Quinn said. She added that when โaggressive driving happens on the track, itโs just like, โOh weโre racing now.โโ
Quinn is planning to return for another season at Tucson Speedway, and will continue racing in Las Vegas, despite some bad luck at the track, including wrecking her car on the first lap last weekend.
When sheโs not helping her dad out with her car, Quinn loves going to cafes and getting her nails done with her mom. She can do both, she says, thanks to the support she receives at home and at the track.
The girl who couldnโt stop her car in her first trip around the track now canโt stop racing.
โI suggest (kids try) racing because everyone is accepting of people and they donโt judge.โ Quinn said. โYour friends are supportive no matter what.โ
Quinn says she would love to race professionally someday. She rattles off a list of NASCAR drivers, including Brad Keselowski, Noah Gragson and Hailie Deegan, saying, โI want to be like them, but different.
Quinn was 4 years old the first time her dad took her to a race at Tucson Speedway.
On that day, kids were invited onto the track to meet Keselowski and touch his race car, she said.
โI was like, โI donโt want to touch the car,โ Quinn said. โI want to drive it.โ
