As punishment for forging nomination petition signatures, former lawmaker Austin Smith received probation and a five-year ban on running for office.
Smith received his sentence on Tuesday, which also included a $5,000 fine with a 10 percent surcharge and two years of supervised probation.
The ex-lawmaker entered a plea deal admitting guilt in November to attempted fraudulent schemes, an undesignated offense, and practices and illegal signing of election petitions, a misdemeanor. Smith admitted to forging over 100 signatures.
Smith was a state representative for the 29th district from 2023 to 2025. He was also formerly senior director of Turning Point Action and former chairman of Arizona Young Republicans Federation. Smith stepped down from Turning Point Action and suspended his reelection bid in 2024 after the signature forging allegations against him emerged.
It was one of Smith’s constituents, a Democratic voter named James Ashurst, who filed the complaint in the Maricopa County Superior Court in 2024 against the former lawmaker alleging signature forging. Ashurst’s complaint claimed that over a dozen petition sheets bore the same handwriting from purportedly different voters.
The complaint also included declarations from individuals listed on Smith’s petition sheets swearing they never signed the ex-lawmaker’s petition.
Initially, Smith denied wrongdoing in lengthy public statements posted to since-deleted or privatized social media accounts. Smith characterized the allegations against him as “coordinated” inventions of “two Democratic activists” involved in the political groups within his district.
“It seemed ludicrous because Republicans trying to get on the ballot don’t seek Democrat signatures and would have no reason to forge Democrat signatures, since they don’t count,” said Smith at the time.
The complaint didn’t move forward after Smith dropped out of the race. Tuesday’s outcome came out of prosecution from Democrat Attorney General Kris Mayes.
During Tuesday’s sentencing, Smith’s attorney, Kurt Altman, made an unsuccessful petition for Smith’s probation term to be reduced to one year. Altman said Smith was “mortified” by his decision to forge signatures.
“He’s embarrassed by the lapse in judgment and can be assured by this court he’s not gonna be back here, he’s not gonna have any issues with probation and he’s not gonna run for office again,” said Altman.
Altman also described Smith’s finances as incapable of handling a surcharge in addition to the fine, noting that the ex-lawmaker recently launched an agriculture business and had a child.
Tuesday’s sentencing reflected the outcome of a plea deal which dropped most of the charges against him, over a dozen including several felonies. Smith was indicted last summer.
Attorney General Mayes added in a press release announcing Smith’s sentencing that Smith admitted to attempting to deceive the secretary of state’s office.
“If you try to illegally manipulate Arizona’s elections or mislead Arizona voters, you will be held accountable under the law,” said Mayes. “There are real consequences for cheating the system.”
If you try to illegally manipulate Arizona's elections or mislead Arizona voters, you will be held accountable under the law. There are real consequences for cheating the system.
Democrat Attorney General Kris Mayes announced on Tuesday the indictment of former Arizona State Representative Austin Smith (R-LD29) by an Arizona Grand Jury on 14 counts related to alleged fraudulent candidate signatures. According to the indictment, Smith faces both felony and misdemeanor counts.
The west valley Republican and former senior director of Turning Point Action served his first term in the Arizona House of Representatives from 2022-24 before withdrawing from the 2024 election when a legal challenge against his petition was filed. He also resigned from Turning Point Action at that time.
According to Votebeat’s Jen Fifield, Smith was still listed on Turning Point Action’s website as a director until Tuesday morning, listing the role on his X profile and now-deleted LinkedIn profile as well.
In a press release, Mayes said, “The defendant has been charged with multiple felonies and misdemeanors, including deceiving the Secretary of State’s office with petitions containing forged elector signatures and signing names other than his own to the nominating petition.”
He is charged with one count of Fraudulent Schemes and Practices, a Class 5 Felony, three counts of Presentment of False Instrument for Filing, Class 6 Felonies, and ten counts of Illegal Signing of Election Petitions, Class 1 Misdemeanors. Under ARS 13-702 and 13-802, Smith could face a maximum of 5.5 years in prison if found guilty on all four felony counts, and a fine of up to $2,500 per count for the ten misdemeanors totaling $25,000.
New: An Arizona grand jury has indicted Austin Smith, former state lawmaker and Turning Point leader, charging him with multiple felonies and misdemeanors related to fraudulent nomination petition signatures. pic.twitter.com/R2ykrYgmDL
In a two-page statement posted to X, Smith described the allegations against him as being “alleged by two Democrat activists who were officers in the District 29 Democratic organization.” He added, “It seemed ludicrous because Republicans trying to get on the ballot don’t seek Democrat signatures and would have no reason to forge Democrat signatures, since they don’t count.”
He also characterized the allegations as a “coordinated attack,” that “included press releases and social media activity and other things that made it clear that this was a well-organized effort.”
He also made it clear at the time that he expected an indictment to come, writing, “This was a very intense effort to ‘get me’ and I needed to be prepared to spend tens of thousands of dollars to defend myself, not only against the civil elections matter, but most likely against some sort of criminal investigation that would be launched by those on the left who are unhappy with my politics.”
After Smith dropped out of the 2024 election, the lawsuit against him did not move forward according to Votebeat.
🚨FOR IMMEDIATE RELEASE🚨 House Committee on Executive Oversight Investigates Attorney General Mayes’ Improper Use of Public Resources to Influence Water Policy & Harass Arizona Farmers
“The Arizona Attorney General’s duties do not include touring the state to campaign on the… pic.twitter.com/94C2fRCwaY
— Arizona House Republicans (@AZHouseGOP) April 3, 2024
However, an investigation launched by Mayes against one of her most vocal critics in the Arizona legislature, resulted in the June 2nd indictment just over a year later.
Arizona Congressman Andy Biggs announced on Saturday to the Arizona Republican Party’s 2025 Statutory Meeting that, following his “Statement of Interest” to run against Democrat incumbent Governor Katie Hobbs, he is formally running for Governor of Arizona.
Biggs addressed the body, which re-elected AZGOP Chairwoman Gina Swoboda, and made the announcement. Footage shared to X by Activist Nico Delgado captured the moment when Biggs told meeting attendees, “I am jumping in formally to the race for governor in 2026. Thank you.”
BREAKING: Congressman Andy Biggs officially announces that he is running for Governor of Arizona pic.twitter.com/veM2R9n1Zy
“I am jumping in formally,” he said. “It is now time to Make Arizona Great Again,” according to AZ Capitol Times. The outlet noted that Biggs first asked the party leaders if he should get a haircut before asking if they would support his bid for the 9th Floor.
In a follow up post to X later in the day, Biggs wrote, “It’s time to Make Arizona Great Again! I am excited to be in the race for Governor and look forward to serving all Arizonans! Sign my petition at http://biggsforarizona.com!”
It’s time to Make Arizona Great Again! I am excited to be in the race for Governor and look forward to serving all Arizonans!
In an exclusive AZ Free News poll conducted by Data Orbital, Biggs is dominating early polling with 31.7%, a commanding 19.3 point lead over Karrin Taylor Robson. State Treasurer Kimberly Yee trailed with 7.4%
A new poll shows @repandybiggs with a big lead over other potential GOP opponents in the 2026 race for AZ governor. The results saw Biggs take an early polling lead with 31.7%, Taylor Robson who had 12.4% support, & Yee trailed with 7.4% support.https://t.co/jlR5VXRdlU
A subsequent poll released by NicoPAC covered 512 Registered Voters in Arizona “weighed for race, age and gender following a mix of voter registration data, past election data from the Arizona Secretary of State’s office, and the ACS.” It saw Biggs take 58.5% with Taylor Robson dropping behind Yee at 8.8%, and the Arizona Treasurer climbing to double digits with 10.8%.
Biggs’ announcement was followed by Turning Point USA Founder Charlie Kirk and was later supported by former his former congressional colleague Matt Gaetz.
In an interview with Steve Bannon’s War Room on Rumble prior to the formal announcement, Congressman Eli Crane also offered his tacit endorsement of Biggs telling Bannon, “I think Andy is the most conservative and probably the strongest member of the U.S. House. He was also President of the Senate in Arizona. He knows Arizona. He knows how the system works better than anybody. I don’t think anybody would do a better job. You know, he has my full support, and I know he has the support of the War Room Posse… I hope he pulls the trigger and goes all the way through with it.”
WATCH:
Former Arizona State Representative Austin Smith also shared his support in a lengthy post to X, writing in part that Arizonans “won’t have a revolving door of contract lobbyists on the 9th Floor deciding what legislation is signed and needs to be vetoed.”
Why @andybiggs4az is the right choice for Republicans in Arizona for 2026:
– effective, reliable and bonafide conservative vote in Congress.
– had the courage to vacate the chair during a do-nothing speakership.
Amid an increased flurry of attacks on Arizona’s school choice opportunities, a prominent organization is countering with the facts.
Citizens For Free Enterprise responded to another derogatory statement about Arizona’s historic Empowerment Scholarship Account (ESA) azprogram from the state’s Democrat Governor, Katie Hobbs. Earlier this week, Hobbs posted, “ESAs are rife with waste, fraud and abuse, and this will only make it worse. This empowers bad actors who are spending taxpayer dollars on ski passes, luxury car driving lessons, and grand pianos. We need accountability and transparency for this almost billion dollar program.”
ESAs are rife with waste, fraud and abuse, and this will only make it worse. This empowers bad actors who are spending taxpayer dollars on ski passes, luxury car driving lessons, and grand pianos. We need accountability and transparency for this almost billion dollar program. https://t.co/yqSMzrdGca
Hobbs was reacting to a recent news story about the Arizona Department of Education’s new policy to automatically approve a vast majority of outstanding reimbursement requests from parents in the program, which was announced by Republican Superintendent of Public Instruction, Tom Horne, at a Board of Education meeting.
The response from Citizens For Free Enterprise stated, “FACT CHECK: Arizona’s universal school choice program is a model of accountability, transparency, and security, according to CSI Institute Arizona. The over 83,000 Arizona families using ESAs just want the best for their children – and Katie Hobbs should stop attacking them.”
FACT CHECK: Arizona’s universal school choice program is a model of accountability, transparency, and security, according to @CSInstituteAZ. The over 83,000 Arizona families using ESAs just want the best for their children — and Katie Hobbs should stop attacking them. https://t.co/Law8wrNwSEpic.twitter.com/ZA1KiLdFYl
Others weighed in on the governor’s attack ahead of the 57th State Legislature, starting in January. State Representative Travis Grantham said, “I wish Democrats cared this much about government waste across the board. Why do they only care about it when it’s privatized and / or it gives the citizenry more choices?”
I wish Democrats cared this much about government waste across the board. Why do they only care about it when it’s privatized and / or it gives the citizenry more choices? 🤔 https://t.co/KQT6NowofR
Fellow legislator Austin Smith added, “Not only was Katie Hobbs education agenda rejected; she lost seats in the house and senate. Bold move Cotton, let’s see if it pays off.”
Not only was Katie Hobbs education agenda rejected; she lost seats in the house and senate.
Not everyone was opposed to Hobbs’ statement. Democrat State Representative Oscar De Los Santos replied, “From forging documents to scam taxpayers to abusing funds for luxury items, the private school voucher program is filled with waste, fraud, and abuse. Every Arizonan should be outraged. The DOGE committees should take a look at this disaster.”
From forging documents to scam taxpayers to abusing funds for luxury items, the private school voucher program is filled with waste, fraud, and abuse.
Matthew Ladner, a school choice advocate, weighed in on De Los Santos’ statements, saying, “The waste, fraud and abuse in the ESA program is a small fraction of programs you support. If you’d like to eliminate all the programs with ESA level or higher abuse you will make Ron Paul a very happy man!”
The waste, fraud and abuse in the ESA program is a small fraction of programs you support. If you’d like to eliminate all the programs with ESA level or higher abuse you will make @RonPaul a very happy man! pic.twitter.com/XeV2zw3vFn
In addition to its statement, Citizens For Free Enterprise shared a document of facts from the Common Sense Institute Arizona (CSI) to counter the myth that “ESA’s are subject to rampant fraud and abuse.” On that document, CSI highlighted that there was more than $2 billion of “Medicaid billing fraud in Arizona revealed by a single investigation into pandemic-era relaxed program standards,” and that “Arizona’s share of estimated pandemic-era fraudulent U.S. Unemployment Insurance payments” was $2.3 billion. On the flip side, according to CSI, “the sum-total of all specific, public allegations of ESA fraud …identified to-date, since universal eligibility expansion” was just around $650,000 – a far cry from the fraud in other state programs and handouts.
CSI concluded that “there are specific statutory requirements governing the use of ESA monies – including guidelines on permissible expenditures and a requirement that ADE conduct random and regular audits to ensure compliance. Within that framework, the program has been able to run well, especially compared to similar programs.”
While officials and organizations may have again successfully pushed back on Demcorats’ renewed, false detractions of the ESA program, Horne’s handling of this significant portion of the department he was entrusted to oversee continues to present major headaches for Republicans and school choice proponents. Since Horne’s first ESA Director, Christine Accurso, left the office last summer, he has been faced with a rising number of reimbursement requests and other issues that he has struggled to address with his team. Horne also capitulated to Democrat Attorney General Kris Mayes earlier this year, when she challenged him about the lack of “curriculum” attached to certain requests, adding additional regulations for parents to comply with the attorney general’s threats. Horne’s backsliding here came after he had repeatedly stood up to Mayes and Hobbs’ saber-rattling against the school choice program.
Additionally, Horne recently blamed a number of external factors, including Arizona state legislators, for the skyrocketing number of unfulfilled reimbursement requests. In a November press conference, Horne noted a fix to the ESA program that allowed parents to bypass ClassWallet to obtain reimbursements, stating, “Somebody went to the Legislature last year and got them to pass a bill saying they could do it by reimbursement… We’ve asked the Legislature, in the future, ‘Please ask us before you pass something so we can tell you what the consequences will be.’”
While the program has continued to grow over the past two years, Arizona Education Department officials have failed to satisfactorily explain why the processes put in place by Accurso before her departure were unable to suffice for smooth management and processing of reimbursements and other factors of ESA program oversight and delivery going forward. Accurso was able to save the program from massive and glaring issues created by Horne’s Democrat predecessor, adding staff to her team and reducing the backlogs to almost nothing, while accounting for an exponential increase in students and families realizing the benefits of ESAs.
Daniel Stefanski is a reporter for AZ Free News. You can send him news tips using this link.
GOP State Representative Austin Smith (LD29) dropped out of his reelection race abruptly on Thursday, days after allegations surfaced that he had forged petition signatures to qualify for the ballot.
In a lengthy press release announcing his resignation, Smith downplayed the allegations — outlined in a lawsuit against him — as an unsubstantiated, coordinated attack by Democrats.
Smith is member of the Arizona Freedom Caucus, and the senior director of Turning Point Action. Smith said that the plaintiffs — Democratic Party officials — were falsely accusing him of forging the signatures of Democrats on his petition sheets. Such an act of forgery would be pointless, given that signatures from Democratic voters wouldn’t count for a Republican primary.
Some questioned whether the two Democrats leading the lawsuit had signed the petition themselves with the intent of accusing Smith of election fraud.
Rather than pay to fight the lawsuit and any criminal investigations that may arise, Smith said that he would protect his family financially and drop out of the race.
Smith pledged to run for office again in the future, but would rely on the online signature system rather than paper ballots.
“I feel terrible for those who are disappointed in this outcome or in me for not fighting it until the end,” said Smith. “I hope you’ll understand that my decisions are about more than just me.”
Those found guilty of petition forgery are disqualified immediately and may not run for public office for five years.
Smith also announced that another man had agreed to run in his stead as a write-in candidate for the Republican primary: James Taylor.
Taylor lives in Litchfield Park and has been heavily involved in the LD29 GOP.
One Democratic official behind the lawsuit, James “Jim” Ashurst, serves on the LD29 Democrats board as the sergeant at arms.
The Arizona Democratic Legislative Campaign Committee (ADLCC), a project of the Arizona Democratic Party, first announced the lawsuit against Smith on Monday, the day the lawsuit was filed.
The ADLCC — co-founded by Governor Katie Hobbs in 2012 when she was in the state legislature and Republicans held a supermajority — then fundraised off of the lawsuit announcement.
The Republican Party of Arizona (AZGOP) issued a statement lamenting Smith’s resignation, but expressing confidence in Taylor’s abilities to take over. The AZGOP didn’t address Smith’s alleged election fraud.
“We hate to lose an effective legislator like Austin Smith, but I’m glad James Taylor is on the team,” said the AZGOP. “He will be an excellent candidate for LD29 and the local, county, and state parties will do all we can to help. Austin will continue to do great things for Arizona.”
We hate to lose an effective legislator like Austin Smith, but I'm glad James Taylor is on the team. He will be an excellent candidate for LD29 and the local, county, and state parties will do all we can to help. Austin will continue to do great things for Arizona. #LD29
State Representative Rachel Jones defended Smith as a victim of Democratic “target[ing] and sabotag[e].” Jones cautioned against Republicans speaking ill of Smith.
“So before you self-righteous Republicans join the left to crucify him, maybe try to remember that those of us who fight the hardest for you have the biggest targets on our backs,” said Jones.
@azaustinsmith has more integrity and heart than anyone I know! Democrats targeted and sabotaged him. So before you self-righteous Republicans join the left to crucify him, maybe try to remember that those of us who fight the hardest for you have the biggest targets on our backs. https://t.co/FW2rCFzUfI
— AZ Representative Rachel Jones (@RJ4arizona) April 18, 2024
Not all Republican leaders were as supportive of Smith.
Maricopa County Supervisor Clint Hickman called for Smith to resign.
“This is a man who has lied to the people of Legislative District 29 and the entire state about our election operations for at least three years,” said Hickman. “He is now accused of lying about the signatures he personally collected to get on the ballot again.”
Turning Point Action has yet to release a statement on the allegations against Smith or his dropping out of the race.
Instead, the organization has focused on its hire of “ballot chasers” in Arizona and other states. These “ballot chasers” go door-to-door in battleground states contacting Republican voters who have received their mail-in ballots, and encouraging those voters to mark their ballots and make a plan to vote.
BIG NEWS! At Turning Point Action we have been laser focused on Arizona and Wisconsin the last year.
We now have the largest full-time staff in both states and are adding hundreds more bodies on the ground chasing ballots in each. Bodies = BALLOTS!
