Policy Group Calls for Probe into Secretary of State’s Use of Taxpayer Money

By Staff Reporter |

The Arizona Free Enterprise Club (AFEC) is calling for an investigation into Secretary of State Adrian Fontes over allegations of misusing taxpayer funds. This demand follows the organization’s claims that Fontes filed a “politically motivated” brief in the ongoing case of Smith v. Fontes before the Arizona Supreme Court.

In a press release issued on Tuesday, AFEC urged that Fontes recuse himself from all ballot tabulation processes associated with other initiatives due to perceived conflicts of interest. They accused him of attempting to manipulate the outcome of Proposition 140 by advocating for the counting of 40,000 duplicate signatures.

“By filing his brief with the Arizona Supreme Court, Fontes signaled that he supports counting these duplicate signatures in favor of Proposition 140,” the organization stated. They argued that this reflects an intent to model Arizona’s election system after California’s, which they consider radical.

Proposition 140 proposes replacing the current partisan primary system with open or “jungle” primaries and introducing ranked-choice voting. Under this system, voters rank candidates until one garners over 50 percent of the total votes. AFEC and its critics draw parallels between these proposed changes and current election practices in California.

The accusations of political motivation stem from Fontes’ affiliations with nonprofit Save Democracy and political action committee Make Elections Fair Arizona, both of which push for Proposition 140. Notably, Sarah Smallhouse, who has a history of Democratic donations, holds leadership roles in both organizations.

In the brief, Fontes contended that even if there were insufficient valid signatures for Proposition 140, the printed ballots with the proposition should still be considered valid. “Once the ballots have gone to print, it is in the hands of Arizona’s voters,” he argued, asserting that courts should not interfere in matters already presented to voters.

Earlier this summer, AFEC filed a lawsuit to challenge Proposition 140, claiming a significant portion of the gathered signatures violated state law. Specifically, they argued that approximately 40,000 of these were duplicates, which would disqualify the measure from appearing on the ballot.

AFEC President Scot Mussi criticized Fontes’ actions as not impartial. According to him, Fontes’ involvement in the measure undermines the integrity of his office. “Far from acting as a fair elections chief, Fontes has taken a definitive stance on this controversial measure, showcasing a misuse of taxpayer dollars while pushing for changes that could significantly alter Arizona’s voting processes,” Mussi stated. “This is not about saving democracy; it is about circumventing the will of the people and undermining established electoral laws.”