PHOENIX — Two Democratic lawmakers who yelled at Republican House members on April 10 after GOP legislators used a procedural maneuver to recess rather than allow a vote to repeal Arizona’s near-total abortion ban are guilty of disorderly conduct, the House ethics panel says.
But any punishment Minority Whip Oscar De Los Santos and Rep. Analise Ortiz face for breaking internal House rules will be up to the entire House, and the unanimous report Tuesday by the bipartisan ethics committee did not recommend what action is merited.
Also, it will be up to Republican House Speaker Ben Toma to decide whether the full House takes up the ethics committee’s report and moves to discipline De Los Santos and Ortiz.
They could face anything from a censure to expulsion, although kicking the Democrats out of the 60-member House requires a two-thirds vote that is unlikely to occur as Republicans hold just a one-vote majority. And with the Legislature expected to adjourn in the next few weeks and members meeting only sporadically while state budget negotiations drag on, Toma could simply let the matter die quietly when the lawmakers end their session.
The speaker was noncommittal when asked about it Tuesday.
“I’m sure there will be some action when we come back,’’ he said, with the House now recessed until June 12. “But I haven’t decided what it will be — and won’t until I get a chance to speak to my caucus.’’
Ortiz, of Phoenix, and De Los Santos, who represents Laveen, did not deny the allegations that they disrupted the House by their actions. But their attorney said they “were fueled by a passionate opposition” to what they think “was a tactic to ‘delay the people’s business.’ ‘’
The ethics panel, comprised of three Republicans and two Democrats, disagreed. They found Ortiz and De Los Santos engaged in disorderly conduct that violated a House rule.
They also decided that De Los Santos broke two other House rules — those governing decorum and debate.
The pair were incensed after Republicans used a procedural maneuver to stop a vote on repealing the old abortion law because it was apparent there was support from enough GOP lawmakers for the repeal to pass. Instead, the Republican majority leader made a substitute motion to recess the House for a week.
That led Ortiz and de Los Santos to begin yelling “Shame,’’ “Blood on your hands,’’ and “Hold the vote.’’ They then approached a GOP lawmaker who was being interviewed by the press after the House recessed, and yelled at him.
Three Republican lawmakers filed a formal ethics complaint against the two Democrats.
The ethics committee reports released Tuesday — one against each lawmaker — said the actions by Ortiz and De Los Santos were unacceptable and could not be ignored.
The Arizona House of Representatives.
“The Committee does not lightly issue this Report, but the findings herein are necessary to protect the integrity of the House, the House Rules, and the legislative process,’’ both reports said.
“This Report should not be construed as any comment on individuals’ constitutional rights, including the rights to freely speak, dissent, or peacefully protest,’’ the reports continued. “House Rules have long required members, the public, and the press to maintain proper decorum.’’
Ortiz and De Los Santos issued a statement Tuesday, after the reports and recommendations for discipline were issued, saying they were “speaking on behalf of their constituents’’ after Republicans delayed the vote to repeal the abortion law.
They were unapologetic.
“This entire process is nothing more than another Republican attempt to suppress speech that they disagree with,’’ their statement said. “They consistently abuse their power to silence dissent.’’
They went on to accuse majority Republicans of doing it again Tuesday when Toma closed the House visitors gallery ahead of a vote on a contentious border security bill. And they noted that the ethics committee dismissed a Democratic complaint against a GOP House member being investigated by the attorney general for allegedly forging signatures on nomination papers he needed to qualify for the GOP primary.
The dust-up that led to the ethics complaint came after the Arizona Supreme Court ruled on April 9 that a territorial-era law outlawing virtually all abortions was once again enforceable. That led to efforts to repeal the law, which were initially thwarted by the Republican procedural maneuvers — the maneuvers that provoked the outcry by De Los Santos and Ortiz.
For now, abortion remains legal until the 15th week of pregnancy after the justices agreed to place their ruling on hold to give Democratic Attorney General Kris Mayes time to consider an appeal to the U.S. Supreme Court. That is the same Supreme Court which two years earlier overturned Roe v. Wade and left the decisions on abortions to each state, leading to the Arizona justices ruling that again allowed enforcement of the 1864 law.
It remains possible the ban could take effect, if only for a brief time, even though the Legislature eventually did vote for repeal.
New laws generally take effect 90 days after the Legislature adjourns — something for which there is no date yet — and the Arizona Supreme Court’s delay on enforcing its decision could expire before then.
