Senator Chuck Gray Recommends

Conservative Republican and Senator Chuck Gray of District 19 usually puts out a fairly good conservative overview on the ballot measures. Here are his recommendations:

Many have requested my opinion on the ballot initiatives. That’s all this is – my opinion. Hope it helps.

Chuck Gray

===============

Senator Chuck Gray’s 2008 AZ Ballot Proposition Recommendations

Summary:
Vote “YES” on all 100 series
Vote “NO” on all 200 series
Vote your conscience on Prop 300

===============

Details of Propositions and My Recommendations:

Proposition 100 – YES
Protect Our Homes Initiative

(Stops future taxes on real property sales)
Explanation: Proposition 100 would amend the Arizona Constitution to prohibit the state or any county, city, town or other political subdivision of the state from directly or indirectly imposing any new tax, fee or other assessment on the sale, purchase, transfer or other conveyance of any interest in real property (such as homes and other real estate). This proposed measure would not affect any tax, fee or other assessment in existence prior to this year.
Recommendation = YES

===============

Proposition 101 – YES
Health Care Freedom of Choice
(Ensures that Arizona citizens will continue to have the right to choose their own health care plans and services. In other words Government can’t tell you where to go for health care.)
Explanation: Proposition 101 would amend the Arizona Constitution to provide that:
1. No law shall restrict your freedom to choose a private health care plan or system of their choice.
2. No law shall interfere with your right to pay directly for lawful medical services.
3. No law shall impose a penalty or fine, of any type, for choosing to obtain or decline health care coverage.
4. No law shall impose a penalty or fine, of any type, on your participation in any particular health care system or plan.
Recommendation = YES

===============

Proposition 102 – YES
Marriage Amendment
(Provides that only a union of one man and one woman shall be valid as a marriage in this state)
Proposition 102 would amend the Arizona Constitution to provide that only a union of one man and one woman shall be valid or recognized as a marriage in this state.
Recommendation = YES

===============

Proposition 105 – YES
Majority Rules Initiative
(Prop 105 would require that any ballot initiative that increases taxes, or requires a spending obligation, be approved by a majority of the registered voters in the state. This makes it tougher to pass taxes and other fee increases at the ballot.)
Explanation: Proposition 105 would amend the Arizona Constitution to provide that an initiative measure that establishes, imposes or raises a tax, a fee or other revenue or mandates a spending obligation on a private person, a labor organization, other private legal entity or this state shall not become law unless the initiative measure is approved at the election by a majority of registered voters in the state.
Recommendation = YES

===============

Proposition 200 – NO
Payday Loan Reform Act
(A “NO” vote will have the effect of capping interest on payday loans at 36% starting in 2010. The 36% cap will become law automatically in 2010 UNLESS Prop 200 passes. Prop 200 will stop those caps from becoming law.)
Explanation: Proposition 200 was written and put on the ballot by the Payday loan industry. The legislature refused to allow the industry to continue charging interest rates as high as 400% and in some case higher on loans after 2010. Prop 200 is the industry?s attempt to write their own law and to override the current AZ Consumer Loan Act cap of 36% APR which will begin to apply to payday loans in 2010. If passed, Prop 200 would stop future caps on payday loan interest rates.
Recommendation = NO

===============

Proposition 201 – NO
Home Owners Bill of Rights
(Construction is one of Arizona’s largest industries and out of state lawyers know it. They have been trying for years to more easily sue homebuilders. This makes construction in Arizona a goldmine for attorneys.)
Explanation: Prop 201 does the following:
1. Mandates a ten-year transferable warranty on all new homes.
2. Any “prospective” buyer can sue- (you don’t even need to buy a home to sue under this Act.)
3. Forbids mediation, homeowners must hire an attorney and go to court.
4. Builders will not be able to make immediate repairs, forcing buyers to court and wait years for court decisions before repairs can be made.
5. Eliminates the current “loser pays court fees” statutes, encouraging lawyers to go to court and making them the only winners in the process.
6. Too many other negatives to list.
Recommendation = NO

===============

Proposition 202 – NO
The “Stop Illegal Hiring Act”

(It’s deceptively named – It would gut the current Arizona Employer Sanctions Law and make it almost impossible to stop illegal hiring through prosecution by state officials.)
Explanation: Prop 202 does the following:
1. Prop 202 requires Arizona to wait until the Federal Government has taken action against an employer before the state takes action.
2. Exempts thousands of Arizona employers by requiring Arizona officials to use of the same Federal standards of proof that have not worked in the past.
3. It eliminates the “Silent Witness” portion of the current law. All complaints regarding employer illegal hiring must be written and signed. This stops employees from reporting violations anonymously.
4. It imposes an impossible standard of proof. High-level managers who are not officers or owners could hire illegal aliens with impunity, and would not face any enforcement.
Recommendation = NO

===============

Proposition 300
Legislative Salary Recommendation to increase Legislator salaries from $24,000 to $30,000
(Putbon the ballot by a commission NOT by the legislature.)
Recommendation = N/A

Medical Choice initiative would NOT aid abortion in any way

Clint Bolick from the Goldwater Institute, an attorney who helped draft Prop. 101, has written a piece explaining to prolifers that it would not affect abortion – affect the ability to get an abortion, pass legislation restricting abortion, etc. Even the opponents of Prop. 101 acknowledge the initiative would not affect abortion positively or negatively in any way. It was written carefully to avoid addressing abortion.

PROP. 101 WOULD PREVENT SOCIALIZED MEDICINE IN ARIZONA

by Clint Bolick

Arizonans have a chance to take a giant step to protect their freedom. Proposition 101—the Freedom of Choice in Health Care Act—would prohibit schemes that would give government greater control over our health care decisions.

Some pro-life activists have expressed concerns about the initiative, but a careful reading makes clear the concerns are unfounded. I provided legal advice to the initiative’s drafters, and such concerns were foremost in my mind every step of the way. Moreover, the sponsors, whose intent is central to judicial interpretation, have made clear that the measure affects the life issue not at all.

Prop. 101 would amend the Constitution to prohibit schemes, which have been swirling around the state, that would restrict individuals’ “freedom of choice of private health care systems or private plans of any type,” the “right to pay directly for lawful medical services,” or the freedom to participate or not in health insurance programs.

The initiative would not force the government to pay for anything. It would not restrict or expand the medical procedures that health insurance companies may choose to cover. Because it preserves the right of individuals to pay directly for “lawful” medical services, it does not limit in any way the right of the people or our representatives to define what services are or are not lawful.

The measure simply prohibits the government from compelling people to join a health insurance system or plan—which is the central element in all socialized medicine schemes.

Indeed, although the initiative is neutral on the issue of abortion, if it passes it will create a firewall against a government-mandated one-size-fits-all health insurance system, which will limit the power of government to dictate what medical services—like abortion—must be paid for by taxpayer funds. Perhaps that is why the Arizona chapter of the National Organization for Women (NOW) officially opposes Prop. 101 and submitted a ballot pamphlet argument against it.

Arizonans have a long tradition of protecting their freedom. Politicians at the national and state levels want to dictate our health insurance choices. Prop. 101 would take the matter out of their hands and keep it in ours.
__________
Clint Bolick is director of the Goldwater Institute Scharf-Norton Center for Constitutional Litigation.

Proposition 101 Needs You!

Yes on 101

Here is a special event invitation sposored by our friends at the Federalist Society:

The Case for Medical Choice in Arizona: a panel discussion of Proposition 101
October 3, 2008, 9 -10 AM (registration begins at 8:30)
Speakers include:  Dr. Eve Shapiro, Dr. Jonathan Weisbuch, Dr. Eric Novack, and Dr. Jeffrey Singer
Location:  Tempe Mission Palms Hotel
Up to 1 hour Arizona CLE credit may be available for this event
$25 registration fee, includes breakfast
$5 additional fee for CLE credit and materials

Register online here; otherwise, RSVPs and information requests to Kasey Higgins (khiggins@ij.org or (480) 557-8300.

Governor tries to shoot holes in Prop 101

Well, it seems the Governor is trying to drum up opposition to Prop 101.

I got a copy of a confidential memo written by the Goldwater Institute (see attached) that debunks the Governor’s lap dog, Andy Gordon.

Mr. Gordon is trying to shoot holes in Prop 101 on behalf of AHCCCS and the Governor.

Voters beware: the democrats are trying to be too sneaky and we need to fight back. confidential-letter

AZ Civil Rights Initiative to have press conference about lawsuit at 11:00am

What: The Arizona Civil Rights Initiative (AzCRI) will discuss our injunction and lawsuit against the Arizona Secretary of State filed in the Maricopa County Superior Court.

Max McPhail, Executive Director of the Arizona Civil Rights Initiative, will provide examples of valid petition signatures that have been deemed invalid by the County Recorders.

When: Thursday, August 28th at 11:00 am

Where: Outside the Maricopa County Elections Office
510 South 3rd Avenue
Phoenix, AZ 85003

The Arizona Civil Rights Initiative is dedicated to giving the people of Arizona the opportunity to end preferential treatment based on race, sex, ethnicity or national origin by state or local governments. AzCRI will make Arizona a place of equal opportunity for all, not a state that uses discrimination as a tool to create “diversity.” Achieving “diversity” should never be an excuse to discriminate.

AZ Supreme Court denies TIME

The Arizona Supreme Court upheld a lower court ruling that the TIME and the state trust land initiatives waited too long to appeal, and will not be on the ballot in November.

The question is now when will Emily (Bittner) DeRose accuse the state Supreme Court of being in on the conspiracy.

Judge throws out T.I.M.E.

     Judge Mark Aceto has ruled that the supporters of the T.I.M.E. initiative waited too long to file their objection and that the initiative will not be on the ballot.