Gov. Doug Ducey signs a bill into law that would ban the use of hand-held electronic devices while driving in 2019. Three days earlier he had vetoed a bill that would have created a law against distracted driving.
PHOENIX — Think you know how a bill becomes law in Arizona?
Well, it isn’t exactly how the Schoolhouse Rock song, “I’m just a bill on Capitol Hill,” says it happens.
Yes, Arizona has a House, a Senate and a governor.
And, yes, there are committees and floor debates.
But what actually happens at the state Capitol? It ain’t textbook.
Textbook: A constituent goes to a legislator and suggests a change in law to deal with a problem.
How it happens: Many more bills come from — and are actually written by — special interest groups and their lobbyists, people who may have helped elect the lawmaker who agreed to put his or her name on it.
Textbook: The Senate president or House speaker assigns the bill to an appropriate committee for a hearing.
How it happens: If the president or speaker doesn’t like the proposal, it gets assigned to a committee — or two or three — where is it likely to die. Conversely, a bill leadership wants will be put into a friendly committee, even if it belongs somewhere else.
Textbook: The committee chair schedules each bill for a hearing, then takes extensive testimony from all sides and carefully weighs the merits of each proposal.
How it happens: The committee chair can kill a measure simply by refusing to hear it. Few bills by Democrats are heard. And most measures get little more than a cursory review, with testimony often limited to a few minutes per speaker and committees approving a dozen or more bills within two hours.
Textbook: During floor debate, amendments are proposed by those seeking to improve the legislation.
How it happens: Amendments are just as often offered by foes of the original measure to undermine the bill — or even try to embarrass other legislators to have to go on record on a controversial issue with a forced roll-call vote.
Textbook: If a bill fails to get the votes, that’s the end of it for the session.
How it happens: That isn’t always the case for those sponsored by a member of the majority party. It can be resurrected by attaching the provision onto another bill that has not yet been to committee or the floor.
Textbook: When there are differences between the House and Senate versions of the bill, the final version is weighed and debated by members of a conference committee.
How it happens: The fix usually is in before the conference committee even meets. That’s because the House speaker and the Senate president determine who serves on the committee and pick people who will support the version desired by leadership.
Textbook: Any measure that survives goes to the governor, who signs or vetoes it based solely on what is sound public policy.
How it happens: Or what caters to the governor’s base or contributors.
Photos: 2020 General Election in Pima County and Arizona
Ballot processing in Pima County
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Judge throws out lawsuit, finds no fraud or misconduct in Arizona election
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PHOENIX — A judge tossed out a bid by the head of the Arizona Republican Party to void the election results that awarded the state’s 11 electoral votes to Democrat Joe Biden.
The two days of testimony produced in the case brought by GOP Chairwoman Kelli Ward produced no evidence of fraud or misconduct in how the vote was conducted in Maricopa County, said Maricopa County Superior Court Judge Randall Warner in his Friday ruling.
Warner acknowledged that there were some human errors made when ballots that could not be read by machines due to marks or other problems were duplicated by hand.
But he said that a random sample of those duplicated ballots showed an accuracy rate of 99.45%.
Warner said there was no evidence that the error rate, even if extrapolated to all the 27,869 duplicated ballots, would change the fact that Biden beat President Trump.
The judge also threw out charges that there were illegal votes based on claims that the signatures on the envelopes containing early ballots were not properly compared with those already on file.
He pointed out that a forensic document examiner hired by Ward’s attorney reviewed 100 of those envelopes.
And at best, Warner said, that examiner found six signatures to be “inconclusive,” meaning she could not testify that they were a match to the signature on file.
But the judge said this witness found no signs of forgery.
Finally, Warner said, there was no evidence that the vote count was erroneous. So he issued an order confirming the Arizona election, which Biden won with a 10,457-vote edge over Trump.
Federal court case remains to be heard
Friday’s ruling, however, is not the last word.
Ward, in anticipation of the case going against her, already had announced she plans to seek review by the Arizona Supreme Court.
And a separate lawsuit is playing out in federal court, which includes some of the same claims made here along with allegations of fraud and conspiracy.
That case, set for a hearing Tuesday, also seeks to void the results of the presidential contest.
It includes allegations that the Dominion Software voting equipment used by Maricopa County is unreliable and was programmed to register more votes for Biden than he actually got.
Legislative leaders call for audit but not to change election results
Along the same lines, Senate President Karen Fann and House Speaker Rusty Bowers on Friday called for an independent audit of the software and equipment used by Maricopa County in the just-completed election.
“There have been questions,” Fann said.
But she told Capitol Media Services it is not their intent to use whatever is found to overturn the results of the Nov. 3 election.
In fact, she said nothing in the Republican legislative leaders’ request for the inquiry alleges there are any “irregularities” in the way the election was conducted.
“At the very least, the confidence in our electoral system has been shaken because of a lot of claims and allegations,” Fann said. “So our No. 1 goal is to restore the confidence of our voters.”
Bowers specifically rejected calls by the Trump legal team that the Legislature come into session to void the election results, which were formally certified on Monday.
“The rule of law forbids us to do that,” he said.
In fact, Bowers pointed out, it was the Republican-controlled Legislature that enacted a law three years ago specifically requiring the state’s electors “to cast their votes for the candidates who received the most votes in the official statewide canvass.”
He said that was done because Hillary Clinton had won the popular vote nationwide in 2016 and some lawmakers feared that electors would refuse to cast the state’s 11 electoral votes for Trump, who won Arizona’s race that year.
“As a conservative Republican, I don’t like the results of the presidential election,” Bowers said in a prepared statement. “But I cannot and will not entertain a suggestion that we violate current law to change the outcome of a certified election.”