Election-year-conversion syndrome is an affliction that occurs frequently for some politicians. In a nutshell, these lawmakers oppose popular and common sense laws throughout their careers until election season. Then, in an attempt to woo voters to support them, they tout false records of support for stricter measures and promise to “act decisively” if elected (re-elected). Two Arizona Democrats running in toss-up Congressional races are doing just that, running television and social media ads promising they will “stop fentanyl,” despite voting records proving the opposite. Kirsten Engel (D-10, 2017 to 2021) and Amish Shah (D-5, resigned), both with reliably Democrat state house voting records, each claim that if elected to the US Congress, they will help stem the flow of illicit fentanyl into Arizona and the wider USA.

In Engel’s recent ad, she claims her opponent killed a “bipartisan bill to secure the border going against the border patrol union.” However, Engel voted against HB2241, which enhanced penalties for anyone manufacturing or transporting any form of heroin, fentanyl, carfentanil, or fentanyl mimetic.

In her committee testimony on 1/31/2018, (video), she stated, “I think we definitely have a problem in Arizona. I’m not convinced that the solution proposed by this bill of tripling the mandatory sentence for these drugs is that answer. I do think that we are plunging into the issue of opioid abuse. I guess I would disagree with our chairman here in terms of what we did in the opioid bill. I think we recognize that there’s real problems of addiction and I don’t see that this bill is tailored to really catching those large traffickers. Now, we can leave this to the discretion of the prosecutors, but I don’t see it in the law. There’s not even a minimum threshold for the substances that are covered.”

Despite her attempts to block the legislation in committee, it went before the full house, where she also voted “nay.” Later that year, she went on the record, recommending that Arizona decriminalize drug possession. Then, in 2020, she moved against HB2036, another enhanced sentencing bill, in light of the ever-growing illicit drug trade flowing across the Biden-Harris open border. She requested “more debate,” accusing the bill of being “overbroad.”

Now, with the election focused on the dramatic spike in illegal immigration and border-connected fentanyl deaths, she is trying to rehabilitate her image with last-minute tough-on-the-border rhetoric.

Amish Shah is likewise pitching a strong anti-fentanyl, pro-border-security message, claiming in two different ads (here and here), “I worked with both parties to combat the flow of fentanyl across our border and increase funding for border security and took on my own party as the only Democrat to crack down on fentanyl dealers.”

But, like Engel, Shah’s record proves otherwise. In 2023, he voted to spike SB1027, a bill specifying mandatory minimum sentences for possession and, more importantly, the manufacture of fentanyl and its related substances, carfentanil and fentanyl mimetic.

SB1027 “amends Arizona laws to increase penalties for certain offenses related to the manufacture and possession of the drugs carfentanil, fentanyl, and fentanyl mimetic substances when those offenses involve minors. Specifically, the bill adds manufacturing those substances under circumstances that cause physical injury to a minor under 15 years old as a dangerous crime against children, punishable by a Class 2 felony sentence. It also increases the mandatory minimum and presumptive sentences for possessing, manufacturing, administering, or transporting those particular drugs, especially for individuals with prior convictions. The bill aims to crack down on the distribution and production of these highly potent and dangerous opioids when they endanger children.”

The bill ultimately passed on a 25-24-1 vote.

House Bill HB2469, also introduced in 2023, would have established a new ‘drug trafficking homicide’ crime” punishable on par with first-degree murder. It would allow prosecutors to enhance charges against anyone found selling a narcotic substance that was a “contributing cause” to another person’s death. Under the terms of the bill, the state doesn’t have to prove the drug was the ‘sole and immediate’ cause of death, just that it was involved. Perhaps more importantly, it would implicate anyone involved in the sale or transfer of the involved drug, making it an incredibly useful deterrent to fentanyl trafficking.

Shah attempted to quash the bill, objecting to equating drug-related deaths to murder. He stated, ‘It falls honestly closer to the definition of manslaughter because it’s reckless…” rather than intentional.

The bill passed through the committee on a 6-3 vote, with Shah voting “nay,” and was ultimately passed by the legislature and signed into law by Gov. Katie Hobbs.

With the election at hand, it remains unclear whether the apparent “election year conversion” of Engel and Shah will succeed. Engel faces a tough election bid against seasoned lawmaker Juan Ciscomani (R-CD6), while Shah challenges David Schweikert (R-CD1), a seat Democrats see as vulnerable. The outcome should be known by November 6, 2024, barring any voting issues or surprises.