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April Smith v. Fontes

Group Files Criminal Complaint on 40,000+ Fraudulent Prop 140 Signatures

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signing a petition

By Matthew Holloway |

The Arizona Free Enterprise Club has formally requested legal action from Attorney General Kris Mayes and Maricopa County Attorney Rachel Mitchell regarding nearly 40,000 duplicate signatures linked to the Proposition 140 initiative, known as the Make Elections Fair Arizona Act.

This proposition aimed to introduce a mixed system of Ranked Choice Voting and jungle primaries for future Arizona elections. However, it was decisively defeated in the November elections, garnering nearly 60% opposition.

During the legal proceedings associated with Smith v. Fontes, a court-appointed Special Master identified significant irregularities in the signature gathering process. Out of 41,387 contested signatures, 37,657, or approximately 99%, were confirmed as duplicates. Had these duplicates been excluded, the measure would have fallen 3,300 signatures short of the minimum required to qualify for the November 5 ballot.

Retired Arizona Superior Court Judge Christopher Skelly, the Special Master, noted, “Plaintiffs had proved by clear and convincing evidence that 37,657 signatures were duplicates— that the same person had signed more than once.” Some individuals signed multiple times; 253 people were found to have signed the petitions five times or more, with one person signing no fewer than 15 times.

In a letter sent to Mayes and Mitchell, Scot Mussi, president of the Arizona Free Enterprise Club, emphasized the gravity of the situation, stating, “Double or even triple-signing the same initiative petition may suggest carelessness. However, signing one’s name multiple times—five, ten, or even fifteen times—defies such excuses.”

Mussi’s letter further urged for a thorough investigation, arguing that the evidence indicates possible violations of Arizona law. “I accordingly request that your respective offices open an investigation and pursue all appropriate criminal charges,” he added.

The AZFEC previously condemned the sponsoring group of Proposition 140, the “Make Elections Fair PAC,” asserting that their signature gathering tactics suggest an attempt to import California-style election practices into Arizona. “They got very creative in their signature gathering efforts,” Mussi remarked, suggesting that these questionable practices warrant the invalidation of Proposition 140.

For full details, including the complaint and the specific exhibit on duplicate signatures, you can read more in the official documents submitted to authorities.

Matthew Holloway is a senior reporter for AZ Free News. Follow him on X for the latest stories, or email tips to Matthew@azfreenews.com.