Clean Elections Commission To Face Investigation Into Debate Rule Change

September 12, 2024

By Daniel Stefanski |

Republicans in the Arizona Senate are looking for answers about a new rule from the Clean Elections Commission.

Last week, State Senator Jake Hoffman sent a letter to the Arizona Clean Elections Commission about the adoption of a “new rule blocking certain qualified Arizona candidates from participating in general election debates for statewide and federal offices.” In his letter, Hoffman writes that “this rule was not submitted for approval to the Governor’s Regulatory Review Council (GRRC) under the Arizona Administrative Procedures Act,” potentially violating Proposition 306, which was passed by state voters in November 2018.

The issue that prompted the inquiry by Hoffman was the confirmation from the Arizona Citizens Clean Elections Commission that Eduardo Quintana, the Green Party candidate for U.S. Senate, would not be allowed in the upcoming October debate with Republican Kari Lake and Democrat Ruben Gallego. The rule from the Commission stipulates that candidates for public office must obtain at least one percent of all ballots tabulated in primaries for their specific office in order to maintain eligibility for general election debates. Quintana received 282 votes in the primary – far less than the one percent threshold established by the Commission.

“At best, the Clean Elections Commission seems to be creatively, yet intentionally, blocking some candidates from participating in the debate, not to mention subverting the will of the voters to require proper transparency in agency actions through the Administrative Procedures Act,” said Chairman Hoffman. “At worst, the taxpayer-funded Commission has knowingly broken the law. Either action offends the non-partisan intent of the Clean Elections Act. Voters deserve an explanation from the Commission as to why the intent, or the actual text, of the voter-approved Prop 306 was ignored by the Commission.”

Senator Hoffman gave credit to KJZZ for its reporting that appeared to alert him to this issue.

According to the letter, “Under Prop 306 in 2018, Arizona voters required new rules of the Commission to be subject to the statutory rule-making requirements under the Administrative Procedures Act.”

The letter also explains that “had the Commission followed the Administrative Procedures Act as voters mandated under Prop 306, the Arizona Green Party would have had the opportunity to protest the unreasonableness of a rule that effectively precludes their participating based on party registration numbers.”

Quintana posted a note of gratitude to Hoffman on his X account, writing, “A big THANK YOU to Republican Senator Jake Hoffman for standing up for democracy by challenging Az Citizens Clean Elections Commission for refusing to invite the Green Party candidate (me) to the televised debate between candidates Kari Lake and Ruben Gallego October 9.”

The Green Party candidate also appealed to the Arizona Attorney General to intervene, adding, “Arizona Citizens Clean Elections Commission is discriminating against the Green Party in their televised debates. We think this is illegal. Let’s see what the attorney general has to say about this.”

Last month, Kari Lake contacted the Commission to ask for Quintana’s inclusion in the October Debate. She stated that “Clean Elections said they will approach Ruben Gallego & see if he agrees to have him on the debate stage.”

As of last week, however, it does not appear that Gallego had responded to Quintana’s and Lake’s appeals – or at least not in any positive manner.

Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.

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