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Le Templar: What I Know ~

Archive for August, 2009

New poll: Voters OK with sales tax but not with Brewer

August 31st, 2009, 4:54 pm by Le Templar

A statewide telephone poll of likely Arizona voters shows a temporary 1-cent sales tax to help shore up the state budget would have a good chance of passing. But those same voters wouldn’t elect Gov. Jan Brewer to a full term if the 2010 general election were held today.

The poll was commissioned by Mesa real estate magnet Wil Cardon, apparently in a bid to boost Cardon’s own potential candidacy for governor or some other statewide office. (In a news release, Scottsdale political strategist Jason Rose floats state treasurer or chairman of the Arizona Republican Party as other possibilities).

The poll surveyed 602 voters who had cast ballots in the past two statewide primary or general elections. Campaign strategists consider this type of sampling to be more reliable than other polls that sample all Arizonans or all registered voters. You can see the full results here, but I’ll pull out a few highlights:

* Voters narrowly favored passage of the temporary sales tax increase at 49 percent in favor and 43 percent against. That’s within the poll’s margin of error of 4 percent. But toss in the fact that these voters identified funding for K-12 education and resolving state budget as two of the state’s three top pressing concerns, and you can see that a sales tax definitely could pass. Only a handful of those survey were concerned about tax reductions, which has been a top priority for Republicans who control the Legislature.

* Brewer’s political fortunes would seem closely tied to that sales tax proposal. But this sampling of voters found much unhappiness with the governor’s performance. Only 18 percent said they would vote for her in 2010 and 45 percent said they are likely to vote for someone else.

* Who might that someone else be? Well, the poll also asked respondents to consider the potential challengers by job title or political experience (no names were used). “A successful businessman with a young family” got the most picks at 42 percent, which is exactly the description that Cardon would use in a statewide campaign. The next closest were “a former state senate president and secretary of state” (Ken Bennett) at 27 percent, and “an incumbent Attorney General” (Terry Goddard) at 12 percent.

* The poll also found strong support for a flat income tax (although the wording of the question appears slanted to support that proposal’s most favorable arguments) and expanding term limits to require politicians to sit out for two years before they could run for a new office. But the poll respondents were opposed to stripping lawmakers of the pay ($24,000 a year plus expenses) or to going to one legislative session every two years as the Texas Legislature does.

Coming this weekend: Read Austin Hill’s interview with Paradise Valley Mayor Vernon Parker, who is also considering a run for governor as a Republican in 2010. In the Tribune Opinion section.

Trent Franks: Obama is a citizen

August 28th, 2009, 1:37 pm by Le Templar

frankstrentwebRep. Trent Franks, R-Ariz., is managing some damage control after an Arizona newspaper erroneously reported that he was considering a lawsuit to challenge the natural-born citizenship of President Barack Obama. In fact, Franks says in a statement that he did consider a lawsuit last year when the question about Obama’s eligibility was first raised. But Franks’ own research into the matter convinced him that Obama was born in Hawaii and always was eligible to be president:

“…the fact that we found [the evidence that Pres. Obama is a natural-born, American citizen] made it impossible for me in good conscience to go into a big lawsuit.”

Franks explains the flap started when a reporter for the Mohave Daily News misinterpreted his comments at a local town hall meeting. Franks doesn’t beat up the reporter for this “honest mistake” and gives the reporter credit for writing a follow-up story explaining his actual position.

However, the original story was picked up instantly across the nation by news sites and political blogs, in part because the conspiracy theorists known as “birthers” refuse to go away. Politico’s version was one of its top 5 stories on Monday because of the novelty of a member of Congress suggesting that the current president should have been barred by the Constitution from running for election.

But Franks says it’s false, all false. Franks might be “terrified” by Obama’s policies, but he no longer doubts that Obama is a red-blooded American.

Of course, this doesn’t explain why Franks couldn’t communicate his views clearly last week when confronted with a “birther” question, or why he believes Obama still needs to produce a different birth certificate.

Capitol politics keep getting stranger

August 25th, 2009, 1:23 pm by Le Templar

The Arizona Legislature is moving to end the budget special session by adjourning sine die, which will have the net effect of granting Gov. Jan Brewer more time to decide what to do with most of the budget bills sent to her last week (she signed one bill dealing with the state parks and the state land department).

Under the state constitution, Brewer had five days to sign or veto the bills while the Legislature was in session — or they automatically became law. Her deadline is Wednesday. But a quirk in constitutional language means that once the Legislature ends the special session, Brewer will have another 10 days.

If Brewer decides to veto anything or reaches a new deal with lawmakers, she can call the Legislature back into another special session almost immediately.

UPDATE: House Democrats are calling today’s end of the special session are “sign of hope.” From a news release:

“We are hopeful that Gov. Brewer and our Republican colleagues will continue to work in a bipartisan way with Democrats so we can solve this budget together,” said House Democratic Leader David Lujan. “Bipartisanship is necessary to pave a road toward economic recovery and prosperity for the future of education and middle-class families in Arizona.”

County treasurer demands more funding

August 25th, 2009, 11:14 am by Le Templar
Charles "Hos" Hoskins

Charles "Hos" Hoskins

An escalating clash of wills and politics now grips Maricopa County government, as a new lawsuit challenging the Board of Supervisors seems to be filed every day, a number of elected officials are now gunning to get County Manager David Smith fired, and the sheriff seems to be investigating just about everyone else.

One of two new lawsuits revealed yesterday involves county Treasurer Charles Hoskins, who claims Smith and the Board of Supervisors have cut his budget and are interfering with his management decisions to the point that he can’t carry out his constitutional duties. He wants the courts to raise his funding from $2.6 million to $3.4 million and allow him to fill several vacant staff positions.

Arizona’s rich history probably doesn’t include fighting of this intensity between county elected officials. So the courts might need to look to Texas for guidance how to mediate these disputes. When I worked there in the late 1990s, conflicts between the Texan equivalent of a Board of Supervisors and other elected officials was a common, and sometimes comical, feature. In Wichita County, the county treasurer sued the county board twice in five years for failing to fund her office adequately and for meddling with her ability to do her job. The treasurer won both times.

Arizona courts have been somewhat less willing to intercede in what they consider to be political disputes. So Hoskins might not get the relief he seeks. But he could have a case if he can show exactcly how the Board of Supervisors’ actions have disrupted his office.

The governor and the sales tax

August 24th, 2009, 3:10 pm by Le Templar
Gov. Jan Brewer/Photo by The Associated Press

Gov. Jan Brewer/Photo by The Associated Press

As Gov. Jan Brewer continues to contemplate what to do with most of the state budget proposal, this is a good time to address why she has been so firmly committed to an election to raise temporarily raise the sales tax. Up to this point, Brewer has seemed willing to negotiate and compromise on almost any budget issue, at least with her fellow Republicans. But she has been steadfast in her demand to get that sales tax election, even though the legislative votes just aren’t there. My analysis on this comes from interviews this year with members of Brewer’s staff, various state lawmakers and other Capitol regulars. Here’s a look at the factors involved:

Can’t cut budget enough to solve crisis – I have mentioned before that some experts believe the honest way to resolve the ongoing budget deficit would be to essentially cut general fund spending in half from last year’s $10 billion to $5.5 billion or so. But Arizona spends that much alone on K-12 education, universities and community colleges. So, to avoid education cuts, Arizona would have to eliminate all of the other state agencies from the Department of Public Safety to the prison system to state funding for the courts, Child Protective Services, the state parks, Motor Vehicle Division and the Legislature and the governor’s office (along with the other elected officials). Even those agencies that are heavily funded with federal dollars, such as the Department of Transportation and the state Medicaid insurance program, require matching state tax dollars to be eligible for that federal support.

Now, the state does have other ways to manage the deficit, primarily through in-direct borrowing and federal stimulus dollars. But from Brewer’s perspective, existing revenues are lagging so far behind expenses that a temporary tax increase is necessary just to keep funding all of the basic government services.

Keep in mind that Brewer considers herself a fiscal conservative, but by no means is she a libertarian. She believes in government funding for education, health care and mental illness treatment, among other programs; she just wants to spend less than most Democrats or moderate Republicans.

Just cut education as well, you say? Sorry, the voters forbid that when they approved the state’s last sales tax increase in 2000. Which leads me to:

Arizonans loath higher taxes, except the sales tax – You hear people talk all the time that they are taxed too much. But Arizonans have been willing on a number of occasions to raise sales taxes to protect government programs or to fund new ones. This includes that 2000 statewide increase for education, the 2006 tax increase on tobacco for early childhood education, and various local increases in Mesa,  Scottsdale,  Phoenix and Tucson.

Polling numbers have been somewhat mixed this year, but some surveys show the sales tax has the best possible chance of getting voter approval.

No other (Republican) proposals for new revenues have been offered — Brewer didn’t start her term in January committed to a sales tax increase. In fact, she was repeatedly criticized for much of the regular session because she was less than specific in her expectations for the budget. She floated the sales tax proposal but clearly was open to other suggestions from Republicans in the Legislature. (Brewer has been too partisan to seriously discuss Democratic ideas for raising more revenues). But so many Republicans had signed the no-tax pledge that no one was offering any alternatives.

Brewer zeroed in a three-year, 1-cent sales tax increase in May when it became clear that the Republican majority in the Legislature were going to send her a budget without any options to raise taxes.

Brewer doesn’t lose – Sen. John Huppenthal, R-Chandler, shed some light on this aspect of the governor’s personality more than a month ago. Call it tenacity or stubbornness, Brewer doesn’t try to finesse a tough fight nor does she walk away. She digs in and pushes ahead relentlessly until she gets want she wants. Such persistence has benefited Brewer throughout her political career. She has little reason to act differently now that she holds the governor’s office.

At this point, the only budget issue that Brewer has said in public she has to have is the temporary sales tax election (I’m sure there have been others in closed-door negotiations). Backing down from that would be out of character for Brewer, especially since the Legislature can’t adopt a budget without her.

And yet, Brewer may no longer have any choice. Repeated efforts by Republican leaders have failed to produce enough legislative votes. Democrats have remained united in refusing to support the sales tax election unless they get to negotiate others parts of the budget, too. Residents already face higher property taxes that Brewer and Republicans wanted to repeal, but haven’t because of their budget disagreements. And the state is stumbling along on a partial budget when the fiscal year is almost two months old.

Brewer simply may have run out of time to get sales tax election approved, this year anyway.

Chandler overreacts to Buddhist worship

August 21st, 2009, 12:04 pm by Le Templar
This home serves as a Buddhist temple for a Chandler congregation, but has been forced to close for up to three months by the city (Photo by Matt Pavelek/For the Tribune).

This home serves as a Buddhist temple for a Chandler congregation, but has been forced to close for up to three months by the city (Photo by Matt Pavelek/For the Tribune).

Tribune writer Ari Cohn has a troubling story about Chandler coming down extremely hard on a home-based Buddhist temple. A couple of nearby residents apparently don’t like any worshiping going on next door. But most of the neighbors seemed to be primarily concerned about a lack of parking on the street if too many people turned out at once to visit the three Buddhist nuns who hold service here.

The response of Chandler code enforcement: bar any visitors for up to three months and issue a large number of citations for how the nuns are using the house.

Using the zoning code to shut down a business for three months would cripple that business; most never would recover. Does anyone think Chandler would consider taking such drastic action against any business because of a complaint that it didn’t offer enough parking for its customers? Not likely in this economy.

I also have to wonder if Chandler code enforcement has ever swooped down on a popular Bible study session or a Christian revival meeting? Those take place in homes every day.

The federal Religious Land Use and Institutionalized Persons Act
is supposed to protect churches and religious centers from excessive government zoning regulations. Perhaps some intervention was needed here, but Chandler’s response was far too heavy-handed.

Unfortunately, the complaining neighbors probably have gotten what they really want, as temple spokesman Dao Chuan told Cohn that the group is searching for a new location. Meanwhile, the temple has arranged for Sunday parking at a nearby public school, and is asking the City Council to approve a special permit so it can open its front door again (the city planning and commission already has given the request an unanimous endorsement).

What a hassle.

Sell, sell! SELL! those state buildings

August 21st, 2009, 9:38 am by Le Templar

As Gov.  Jan Brewer ponders what to do with the latest state budget proposal sent to her by Republican lawmakers (there’s a good chance she’ll make a decision today), a Sun City real estate agent already is offering to help the state carry out one of the deficit-reducing maneuvers.

Jim Little says he’s ready to list those state Capitol buildings that would be sold to a private investor and then leased back to the state, including the two main structures of the Legislature. Little says the listing price should be $105 million. We know that at least one person is interested in buying after his visit to the state Capitol a couple of weeks ago.

Budget problems solved!

Gun-toter was publicity stunt, not threat to president

August 19th, 2009, 4:25 pm by Le Templar

CNN’s Rick Sanchez landed a lengthy interview yesterday with the man behind the man carrying a AR-15 rifle outside of the Phoenix Convention Center before President Barack Obama’s appearance Monday. Ernie Hancock – Valley radio talk show host, Ron Paul supporter and publisher of a libertarian news Web site — admitted he invited “Chris B.” to join those rallying outside the convention center with the rifle specifically to make a point about gun rights. This should have put an end to a bunch of silly talk about whether Obama somehow was in danger, even through “Chris B.” never was in visual range of the president. Instead, Hancock’s involvement is ratcheting up the conspiracy theories.

First, take a look at the Sanchez video:

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Now, pop over to Talking Points Memo and you’ll get a good summary of what the liberal blogosphere is saying about Hancock and the gun incident.

Look, I’m not going to defend some of Hancock’s wilder theories about politics and news events. But I’ve known the man for at least six years. He used to be the producer on a local radio talk show I guest-hosted one day for three hours. Hancock is passionate about defending American liberties as outlined in the U.S. Constitution, and that includes the Second Amendment. He wants to engage the public in debating these issues, and finds unusual ways to do so. He’s not out to hurt anyone.

A reminder, “Chris B.” was acting well within Arizona law and never was stopped or questioned by law enforcement.

This is not the first time Hancock has tested public response to gun rights. In the past, Hancock has gone to government buildings carrying a gun to demand they comply with Arizona law which requires such places to provide a locker for securing weapons, or allow the person to keep the firearm at his side. Once Hancock had made his point, he has walked away, even when it’s clear the government agency is violating the law.

Hancock has gotten what he wanted from Monday’s ploy, even if a lot of the attention has been negative. Now, don’t we have better things to discuss, like the leaked episode of Mad Men?

UPDATE: Travel guide author Arthur Frommer is so frightened by “Chris B.” and others who exercised their Second Amendment rights Monday that he’s now refusing to travel to Arizona, and he’s suggesting others do the same. Does that imply Frommer eventually will have to leave the United States entirely as the Supreme Court continues to expand on its recent ruling that Second Amendment means what it says?

Brewer’s time to lead

August 18th, 2009, 3:11 pm by Le Templar

The state House of Representatives passed out the final budget bill (SB1025) this afternoon that includes a $250 million repeal of the state property tax. As various media outlets have noted, the Legislature is poised to send Gov. Jan Brewer essentially the same budget it passed, and she vetoed, on July 1.

But legislative leaders aren’t sending the budget to Brewer just yet. House Speaker Kirk Adams, R-Mesa, upon announcing the outcome of the roll call vote, omitted the key words “… and transmit the bill to the Senate.” Such a transmission would trigger a recent Supreme Court ruling that the bill must then be sent to the governor within a “reasonable” period of time.

The House and Senate adjourned until 1 p.m. Thursday.  So Brewer has until then to figure how she can finally convince the Legislature to give her a proposed sales tax election, or to come up with a graceful way to sign a budget she already rejected once.

Either way, expect the Legislature to close this special session Thursday and send her the complete budget package.

Last-minute campaign to switch Senate budget vote

August 18th, 2009, 1:58 pm by Le Templar
YouTube Preview Image

Even as the Legislature prepares to again send the governor a Republican-crafted budget without a sales tax election, someone has put together this professional-looking video trying to pressure one of the holdout senators to switch her vote. Sen. Pamela Gorman of Anthem is one of three Republican senator who have refused to vote for the sales tax election during this special session. Sen. Ron Gould of Lake Havasu City has voted against the entire budget package and isn’t going to be swayed. Sen. Carolyn Allen of Scottsdale has stayed away from the Capitol for the past couple of weeks, telling reporters that she’s acting on her doctor’s advice.

So Gorman is the only Republican left to lobby to get the necessary 16th Senate vote to satisfy Gov. Jan Brewer. The video has a powerful message. But Gorman resigned her post as the Republican floor whip rather than vote for the sales tax election before. I can’t imagine she can be pressured into changing her mind now.

Hat tip to @NotPamelaGorman for alerting me to the video.

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