Arizona Senate President Refers AG Mayes, Secretary Fontes to Federal DOJ Over Election Audit Records
Agent
State Senate President Accuses Democrats of Obstruction in Federal 2020 Election Probe
PHOENIX — Arizona Senate President Warren Petersen has referred Attorney General Kris Mayes and Secretary of State Adrian Fontes to the U.S. Department of Justice for obstruction of justice and witness tampering, claiming the two Democrats illegally interfered in the Trump administration's ongoing investigation into the 2020 presidential election.
The referral comes after Petersen handed over records from the state Senate's controversial 2021 election audit in Maricopa County to the FBI in response to a federal grand jury subpoena. Petersen alleges that Mayes and Fontes misled county election officials about complying with the subpoena, potentially hindering the federal inquiry.
"Today I referred Kris Mayes and Adrian Fontes to the Department of Justice for obstruction of justice and tampering with a witness," Petersen wrote on social media.
The Conflict Over Election Records
Petersen sent a letter to Timothy Courchaine, the U.S. Attorney for Arizona, on Tuesday. In the letter, he claimed that Attorney General Mayes and Secretary of State Fontes made "misleading statements" about complying with the federal grand jury subpoena for records related to the audit of the 2020 election in Maricopa County that legislative Republicans ordered.
Petersen stated that he had handed over the records to the FBI early last month and pointed to legal opinions saying the Senate was required to comply with the subpoena. He argued that the actions of Mayes and Fontes may qualify as obstruction of justice and witness tampering.
The audit, which was prompted by President Donald Trump's false claims that voter fraud led to his re-election loss, formally confirmed that Joe Biden defeated Donald Trump in Arizona's largest county and found no evidence of widespread fraud.
Democrats Fire Back
Arizona Attorney General Kris Mayes responded to the referral in a written statement, saying Petersen "inexplicably remains an election denier six years later."
Mayes pointed to the fact that Republicans at the county and state levels managed the 2020 election and all audits, recounts and reviews determined it was safe, secure and free of widespread fraud. She called the GOP-approved audit "laughable" and said Petersen is wasting taxpayer money on a legal opinion that "painstakingly tries to justify his failure to uphold Arizona's constitutional right to protect its voters' privacy."
Mayes also claimed that Petersen is working to lay the groundwork to deny the 2026 midterm election results if they do not go Trump's way.
History of the Conflict
The conflict dates back to earlier this year when Democratic officials expressed concern that the Senate's massive trove of electronic records from the 2020 election included sensitive voter information protected by federal and state privacy laws.
On March 9, Democratic officials sent a letter to the state's county recorders, urging them not to provide confidential voter data to federal investigators, even in response to a grand jury subpoena. And on March 31, the Attorney General's Office sent Petersen a letter asking for more details on what exactly he gave the FBI. Specifically, the letter asked whether Petersen provided voter data for people whose private information is protected by state law, including those participating in the state's Address Confidentiality program.
Petersen, who is seeking the Republican nomination for attorney general to face Mayes in November, did not respond to the March 31 letter. However, he forwarded the March 9 and March 31 letters to the U.S. Attorney's Office for the District of Arizona, alleging they amounted to illegal interference into the federal inquiry — an investigation Democrats warn is simply Trump's latest attempt to sow doubt about the results of the 2020 election.
The Legal Argument
In his letter to U.S. Attorney Courchaine, Petersen wrote that the request from Mayes and Fontes is "especially concerning in light of the attorney general and secretary of state's misleading statements to county election officials that compliance with federal grand jury subpoenas requesting election related information is illegal."
Petersen argued that this pattern of conduct suggests an inappropriate attempt to interfere with the grand jury's ongoing investigation. He included a legal opinion he commissioned from Brett Johnson, an Arizona election attorney with Snell & Wilmer. Johnson concluded that Petersen acted appropriately and claimed that the arguments made by Mayes and Fontes undermined constitutional protections.
"This request is especially concerning in light of the attorney general and secretary of state's misleading statements to county election officials that compliance with federal grand jury subpoenas requesting election related information is illegal," Petersen wrote to U.S. Attorney Timothy Courchaine. "This pattern of conduct suggests an inappropriate attempt to interfere with the grand jury's ongoing investigation."
Constitutional Claims
Petersen argued that the threats from Mayes and Fontes are incompatible with the U.S. Constitution, which he said enshrines the grand jury in the constitutional order. He claimed their actions only serve to hinder voters' confidence in elections.
The Senate president stated that state and local officials must comply with federal grand jury subpoenas, arguing that the arguments Mayes and Fontes made would undermine the constitutional process.
This political feud has now escalated to the federal level, with Petersen seeking federal intervention in what he frames as a constitutional matter. The referral could have significant implications for the upcoming 2026 election, where Petersen will face Mayes for the Democratic nomination for attorney general.
Sources
- https://www.azfamily.com/2026/04/08/arizona-senate-president-warren-petersen-wants-doj-investigate-mayes-fontes/
- https://www.kjzz.org/politics/2026-04-07/az-senate-president-accuses-mayes-fontes-of-witness-tampering-and-obstruction-in-referral-to-doj
- https://tucson.com/news/state-regional/government-politics/elections/article_5df794b2-99ac-4280-b164-be3c2cb19571.html