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YELLOW SHEET REPORT © by Arizona Capitol Reports, LLC unless otherwise credited. All rights reserved. Tuesday, March 01, 2016 ∙NEWS NOTES AND GOSSIP∙ EXPECT NO WALTZ FOR BIGGS IN CD5 A politically active source in the East Valley assured our reporter yesterday that, despite a number of potential candidates already turning down the opportunity to run in CD5, Biggs will have a primary challenge. “Biggs is not just going to waltz into this race,” the source said. It will take several days, maybe even a few weeks, before a candidate emerges, but once that happens, the source predicted that non-tea party conservatives in the East Valley will quickly fall behind that individual. The source doesn’t expect to see exactly the same political lines that appeared when Jerry Lewis ran against Russell Pearce in 2011. That race largely became a referendum on Pearce’s get-tough approach to confronting illegal immigration. This time, the ideological divide is broader, but also more nuanced, the source said, adding that the closest analogy is the fight between the Ted Cruz types, who have no problem shutting down government, and other conservatives in DC who view that stance as reckless. The source noted Biggs’ bill from a few years ago to abolish the state’s Medicaid program as a sign that he’s squarely in the shut-the-government down camp (LINK). The source said that’s not mentioning the fact that Salmon, who recruited Biggs to run in CD5, is a founding member of the House Freedom Caucus, and he has had no qualms about shutting down the federal government over Planned Parenthood funding (LINK). The source said conservative pragmatists in the East Valley would rally behind someone with the political leanings of Flake, a hard core conservative who, “deep down,” knows that people need to compromise in order to advance a cause. WHO KNOWS WHY? KVOA is pressing Gowan about his trips to CD1, and why he had tapped House sergeant-at-arms Billy Cloud as his driver, instead of a DPS officer. The Tucson TV station based its reporting on the Capitol Times’ inquiry into the House’s increased use of state-owned cars under Gowan’s leadership (LINK). KVOA noted that, in an Oct. 8 trip to Flagstaff, Gowan had posted a tweet about his “vision to make DC accountable” and also spoke about his congressional campaign in a radio interview. When pressed about that trip, Gowan replied, “Right, so the point here is you’re not going to separate the speaker from the candidate. And they asked me that question. What am I going to do? Decline?” When asked why he didn’t take a DPS driver to his trips in CD1, Gowan didn’t have an answer: “You know, who knows why? I go out there and take these vehicles and travel around… He’s my sergeant-at-arms, so he was taking me to certain different areas. It’s just the same, and sometimes those [DPS] drivers aren’t regularly ready.” TOM RYAN SAYS HE WILL ASK AG TO INVESTIGATE GOWAN Tom Ryan told our reporter that he’s preparing letters to Brnovich, calling on the AG to launch two Page 1 of 7 March 1, 2016 YELLOW SHEET REPORT March 1, 2016 Page 2 © by ARIZONA CAPITOL REPORTS LLC UNLESS OTHERWISE CREDITED _____________________________________________________________________________________________________________________________________________________________ investigations into the House. One would be into Gowan’s use of fleet vehicles and House staffers for what are ostensibly campaign activities, and the other would be into the Mitchell and Montenegro’s fleet vehicle use (YS, 2/26). Ryan said he also wants to test House General Counsel Rob Ellman’s opinion that the July 2015 ALEC conference in San Diego represents “a quintessentially valid House business purpose,” which justifies the use of fleet vehicles to attend. If the courts agree with Ellman, Ryan said that would open up a can of worms that could lead to public disclosure of all sorts of documents that the organization would prefer to keep secret. He said that, had the press not dug into the chamber’s travel records, the $12,000 Gowan was reimbursed for travel and per diems that he shouldn’t have received would have never been caught, and the speaker would have continued receiving reimbursements he wasn’t entitled to. And since the chamber has not turned over its travel records to the press in response to a public records request, Ryan said the review the House did is likely far from comprehensive. “That’s like letting a bank robber investigate his own bank robbery. He says, ‘Well, you know, perhaps there were a few things that were done wrong, but all in all, I really don’t find anything problematic, but just in case, I’ll give some of the money back,’” he said. MORE QUESTIONS Ryan also questioned how Gowan repaid the $12,000, given his low salary. Gowan has long complained about his legislative pay, and told the Capitol Times in 2013 that he actively seeks out meals with lobbyists because of his low pay. “I’m looking for free food. I get [paid] $24,000 per year... I have to keep a place here, I’m away from home, I can’t keep a business up, and I can’t find regular work because I’m gone part of the year. It’s rough on us out-of-towners. I look at this as a duty, and you shouldn’t have to starve to do your duty,” he said at the time (LINK). How Gowan was so quickly able to repay the reimbursements has been a point of speculation in Capitol hallways since news of the repayment broke last week. Wheeler was among the several lawmakers who told our reporter that they want to know how Gowan came up with the money. “The public has the right to know: Who made the reimbursement and, more specifically, are there campaign donors behind the payment?” Wheeler said. House GOP spokeswoman Stephanie Grisham told our reporter that Gowan repaid the state “with a personal check,” and not with funds from his campaign account. She wouldn’t say how Gowan came up with the money and whether anyone else helped him with the payments. “These questions are inappropriately personal and we therefore decline to answer them,” Grisham said in an email. HOW TO LOSE FRIENDS 101 Ryan is fast collecting a constellation of friends and enemies at the Capitol. Last week, he had criticized the Ninth Floor for “being the ‘Full Employment Relief Act’ for Andy Tobin,” complaining about legislation that Tobin is pushing to clarify that he may vote on solar matters even if his son-in-law works for SolarCity (YS, 2/25). Ryan’s characterization of Tobin’s efforts promptly got a push back. A Capitol source said while Ryan might have done well in exposing Susan Bitter Smith’s conflict of interest, “he has now crossed the line from being a watchdog to a zealot.” His interpretation of the law, the source said, is “detached from reality.” The source surmised that the Ninth Floor has no motivation other than to clarify the application of current conflict of interest laws amid a problem that the source blamed on Corp Comm’s lawyers. The commission’s lawyers have been stung by their failure to flag Susan Bitter Smith’s conflict for three years, the source said, and have over-corrected. “I think they’re in shell shock mode, and because of that, they are being overly cautious to the point of government paralysis on these conflict of interest issues,” the source said, adding Tobin is bearing the brunt of that paralysis. SOURCE: BEGAY IS MAKING THE ROUNDS IN CD1 Speculation persists that Begay is preparing for a run in CD1. A source familiar with the district told our reporter today that Begay is definitely eyeing a Congressional run, and recently hit up at least one “well known” donor in CD1 to rally support. “He’s making the rounds. He wants to run,” the source said, adding Page 2 of 7 March 1, 2016 YELLOW SHEET REPORT March 1, 2016 Page 3 © by ARIZONA CAPITOL REPORTS LLC UNLESS OTHERWISE CREDITED _____________________________________________________________________________________________________________________________________________________________ that Begay is delivering a soft pitch, along the lines of, “If I were to run, would you support me?” The source surmised that Begay would be a formidable candidate in the general election, but questioned his ability to get through a Republican primary. One GOP consultant told our reporter he was contacted late last week about working for Begay, but declined, telling our reporter there wasn’t much of a path to victory for a candidate who was a Dem until four months ago and has no base of support in the Pinal and Pima portions of the district, which is where the GOP primary will be fought. TOLD YA THAT WHITE HORSE WAS GORGEOUS Remember that almost-like-a-campaign video that Begay made when he switched parties to become a Republican? Well, it’s still getting hits – lots of hits (YS, 11/24). As of 2 pm today, it has been viewed 160,911 times, a remarkable feat for what’s supposed to be just another well-made, feel-good video that has nothing to do with campaigning (LINK). PUBLIC INTEGRITY ALLIANCE GOES AFTER PAUL BABEU Public Integrity Alliance, which focuses on (perceived or otherwise) public misconduct, has followed in the Goldwater Institute’s footsteps and filed a public records request with the Pinal County Sheriff’s Office over the office’s use of civil forfeiture funds to send a mailer touting Babeu’s accomplishments in office.