Senator Kelly Townsend
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AZ State Senator • US Navy Vet • Integrity • Honor • Duty • 2A • Pro-Life • Election Integrity • Secure Borders • Constitution • Rule of Law • Sm Gov’t
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Here are some updates from. My desk to you.

Audit

The Senate and Maricopa County are to submit names of experts to observe the process. We will be submitting questions to be answered in that process.

Attorney General has opened an investigation – cannot disclose the nature of the investigation. Information can be submitted to the AG for review as well.


Court Cases

Challenge to Prop. 208: Court overturned the initiative and directed courts to make the determination whether the revenues would cause schools to exceed the Aggregate Expenditure Limit (which it most certainly does). JLBC estimates approximately $1.2 billion could be reduced from school budget – this will be a challenging issue next session. Courts determined that Prop. 301 monies are no longer exempt from the AEL which is $650 million. This too will need to be addressed.

Budget cases brought by ASBA: court ruled were unconstitutional on single subject. Governor Ducey, President and Fann and Speaker Bowers filed an amicus brief arguing against the plaintiffs. Appropriations Chairs, Gown, Cobb, and Vice Chair Leach also filed a brief. The appeal to the decision is pending. Affected BRBs include K-12 (mask and vaccine mandate bans, CRT); Higher Ed (mask & vaccine mandate – court ruled it also had a defective title); Health (no school vaccine); Budget procedures (elections provisions; lottery funds not to be spent towards professional sports)

Criminal Justice BRB being challenged by the City of Phoenix on provision of citizens review panels

Flagstaff vs. ADOA – Judge granted an injunction against ADOA from recouping revenue because of the higher minimum wage rate stating that Prop. 202 takes priority over state reimbursement process (we have previously captured funds for exceeding the state wage limit equal to $1.1 million).


Vaccine Mandate

The OSHA rules have not been published delineating the employer requirements for the vaccine mandate (i.e., exemptions; testing protocol, enforcement). Once that information is public, The AG and Governor's office will consider legal actions. Biden Administration has threatened federal funds to coerce universities and providers into the mandate. OSHA is threatening state primacy for our workforce safety program if Arizona doesn't enforce the mandate. The legislature is considering legal and legislative options to challenge this mandate.

IRC

The IRC has met all this week to approve a first round of draft maps. The maps have already gone through 7 iterations thus far. Once a final draft map is approved, communities will have 30 days to submit feedback. This is an important time for the LD to lend its voice regarding communities of interest. The IRC intends to finish its work by Dec 22nd.

Election Integrity

I will be working with my colleagues on election integrity issues. The caucus will revisit provisions from my SB 1241 last year, as well as recommendations from the audit. Topics for discussion include paper and equipment, cybersecurity standards, chain of custody and observation processes.

Economy & Jobs

Our caucus will continue to focus on removing barriers to workforce entry. We will diminish the role of government and occupational and construction licensing. We must resist democrats attempts to expand government by taxing businesses and individuals more to pay for it.
God is able.
My personal and ongoing commitment to all of you -

I continue to fight for medical freedom, as I have since I have been in the legislature. Those who know me are certain of my stance on this issue. I have tirelessly made efforts to protect the rights of those who choose not to be vaccinated and will continue to do so. I am on record frequently stating that Arizona is not bound to unconstitutional mandates from the Federal government. I entered the legislature championing the Tenth Amendment. We have discussed and worked on putting teeth into these provisions that are a strong deterrent. I had the foresight to effectively provide an avenue for those who do not want vaccinations to receive a religious exemption because we were unable to get enough votes for an outright ban on employers mandating vaccines. Scores have been able to take advantage of this, and more will in the future as well.

Regarding election integrity, I have been at the wellhead researching and attempting to implement changes into the election system. I have multiple times gone on record stating it should be one day, one vote, no machines, precinct level voting, etc.

We should have stiff penalties for those who break the law. And the election Integrity unit, which I fought with nuclear strikes to get, should be used to hold those accountable who are breaking those laws instead of just as window dressing at the Attorney General's office, as it is now.

I wouldn't think that I would need to sign a document for those of you who support me to know where I stand. And if you withdraw your support from me because I won't sign a document, then I never had your support in the first place. I am still in prayer about whether or not to sign the contract with Arizona, not because I agree or disagree with the content. I will make my decision at some point but in the meantime, I continue to stand on my record, my commitment, and my actions. No piece of paper is going to change which direction I go. But my love for all of you is strong and steadfast and I will not give up.

Godspeed
Mason's not afraid of Fauci. #BringIt
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A song I co-wrote with Donny Grubb in 2017 called American Rebels. Never more appropriate than now. May it encourage and build our morale. Please listen and share.

https://youtu.be/5k97Jl4S4QU
  I received this from an Arizona attorney who answered the question I asked him about patient's rights. I wanted to share it with you and ask you to spread the word.

The question of patients rights, particularly a patient's right to decline care and to leave a hospital was discussed at a meeting last night of the Tucson Care Givers for Liberty.  I want to pass on to you what I told them.

1)  A person cannot be kept in a hospital against their will, or, if they are clinically unable to communicate, against the will of their duly appointed agent (through a Power of Attorney).  I believe that if there were no agent appointed, that position would fall to their next-of-kin (usually a spouse).  ARS 36-1301 is the statute that enforces the patient's freedom of choice.  

2)  There are statutes more strongly worded in Title 36, but they generally refer to mental health cases.  Hospitals would argue that they do not apply outside of mental health.

3)  Every health care facility should have a 'Notice of Patient's Rights' or some such document that lays out the facility's policy.  Every one of these I've seen includes the right of the patient to decline any medical treatment.  That would include declining to remain in the hospital.

4)  If a patient (or their agent) wishes that the patient leave the hospital, they usually must insist strongly.  Demand a copy of the facility's patient's rights document, and demand that the facility honor their own policy.  You may have to sign a release of liability that states the patient is leaving against doctor's orders.  Sign it.  Be aware that the patient's insurance may not cover further treatment if the person leaves the hospital against doctor's orders.

5)  If necessary and if the facility refuses to release the patient, you may have to call law enforcement.  The charge against the facility would be False Imprisonment in violation of ARS 13-1303.