Federal Judiciary

Fighting for Arizona's 8th -- By: Jesse Naiman

From 1985 through 2006, Republican Jim Kolbe represented Arizona's 8th congressional district. But when Kolbe retired, Democrat Gabrielle Giffords took his place. In 2008, Giffords won reelection by 12 points, and she has raised over $2 million for this November's election.

Nonetheless, Republicans believe they can unseat her. Three conservative military veterans -- Marine and businessman Jesse Kelly, Army captain and former state senator Jonathan Paton, and Air Force major and pilot Brian Miller -- are vying for the chance to go head-to-head with Giffords.

#ad#'She is vulnerable because of her take on issues,' says Tanner Bell of the Tucson-based Arizona Policy Institute. 'She votes with Nancy Pelosi and Raul Grijalva in Washington, and simultaneously tries to capture the independent vote in Arizona.' Since her reelection, Giffords has voted for the health-care bill, cap-and-trade, and the stimulus.

And perhaps most important, she opposes SB 1070, the law that gives Arizona police officers increased power to detain those suspected of being illegal immigrants. A Rasmussen July 21 poll says that 65 percent of likely voters in Arizona favor the law, while just 27 percent oppose it.

It's not surprising that illegal immigration is at the forefront of the showdown. SB 1070 has put Arizona in the center of a national controversy over the issue, and the district, located in southeast Arizona, is a popular destination for illegal immigrants crossing into the United States.

Arizona state senator Frank Antenori, who represents territory that lies within the district, says that in Arizona, there is a '‘Northbounder-Southbounder' phenomenon amongst illegal immigrants. Some illegal immigrants will travel northbound to smuggle drugs or people, and once they drop off the product or person, will rob houses on their way back to Mexico.'

State representative Ted Vogt, whose constituents also live in the 8th, adds that violence has been a serious issue: 'The outright violence associated with smuggling hit home in Cochise County when a local rancher was shot dead by a suspected drug smuggler. There have also been shootouts in the desert and along the highways between competing smuggling gangs and our law-enforcement officers.'

THE CANDIDATES
Kelly, the Marine, entered the race in April of 2009. 'I decided to run right after President Obama signed the stimulus that would indebt my 20-month old son for the rest of his life,' he says.

Kelly believes that illegal immigration is the key issue in this race, and he argues that Giffords has neglected the district's needs in Washington. 'Gabrielle Giffords is Nancy Pelosi Lite. This is not San Francisco; this is southern Arizona,' he says.

Kelly says he is best positioned to win the primary because of his tea-party backing, his fundraising (he has raised $500,000), and his army of 1,500 volunteers. 'I will win the general election in the exact same way, with a good ground game,' he says.

#page#Paton, the Army captain, says his record in the state legislature sets him apart from the other primary candidates. 'I helped pass the Free Medical Choice Act in the legislature, which will forbid the government to tell you which doctor or insurance plan you use. I also helped pass a Goldwater Institute–backed law that will forbid card check in Arizona. And I voted for SB 1070,' he says.

Paton, who has raised nearly $700,000, insists that constitutional issues are the most important in the campaign: 'The Constitution of the United States is the biggest issue because it affects the other major issues in this race. Look at government's takeover of health care, a violation of the Tenth Amendment, versus its neglect to protect the border. If anything, Arizona should be suing the federal government.'

#ad#Miller, the Air Force pilot, rounds out the GOP-primary field. Like Kelly and Paton, he also identifies illegal immigration and border security as issues that the federal government must address. He claims to be the only candidate that sees the economic aspect of immigration issues. 'Border security is good, but until you understand economics, you cannot understand immigration issues. It is simply too big a problem to address solely with enforcement agencies,' Miller says.

Miller has raised less than $200,000 in the race so far and claims his opponents have outspent him seven to one. He is not deterred, though. 'We find ourselves with a similar dynamic to [GOP Nevada Senate nominee] Sharron Angle at this stage in the campaign,' he adds. He believes his grassroots campaign efforts will deliver him the victory on August 24.

TAKING SIDES
Endorsements are split. Kelly lists dozens of endorsements, including ones from Maricopa County sheriff Joe Arpaio, Rep. Trent Franks (R., Ariz.), former presidential candidate and congressman Duncan L. Hunter, and the Douglas Tea Party. Paton has support from the U.S. Chamber of Commerce, Sen. Jon Kyl (R., Ariz.), and Arizona Right to Life. Miller received endorsements from former presidential candidate Rep. Ron Paul (R., Texas) and former University of Arizona basketball coach Lute Olson.

Regardless of which candidate wins the primary, the GOP will have a strong candidate in November. 'All three are wonderful conservatives. It is a shame that they are all running in the same race, though. I would love to spread the talent around to other congressional districts,' Bell says.

Former congressman Barry Goldwater Jr. of California agrees: 'They are all good people and qualified. They are all friends of mine.'

'One of the three candidates will beat [Giffords],' Antenori says.
 
— Jesse Naiman, a Collegiate Network intern at National Review, is editor-in-chief of The Observer at Boston College.

Full post as published by Bench Memos - National Review Online on August 02, 2010 (boomark / email).