Chandler Voters Question Whether Arizona Secretary of State Fontes Can Run Elections While Endorsing Candidates

The Endorsement That Sparked a Conflict Debate

Arizona Secretary of State Adrian Fontes has endorsed a candidate who filed a campaign finance complaint with his own office. The situation has ignited a debate over whether state election officials can manage elections while exercising their First Amendment right to support political candidates.

Fontes, a Democrat seeking re-election this year, backed Dan Toporek, a fellow veteran running in a contested legislative district in north Phoenix. Toporek filed a campaign finance complaint that is now under review by Fontes' own department.

"I can chew gum and walk at the same time," Fontes said. "I'm a voter, too, and I have a First Amendment right to express myself."

Arizona Law Does Not Bar Endorsements

Arizona has no statute prohibiting election officials from endorsing candidates or from managing elections while running for office themselves. Fontes said no secretary of state in Arizona has ever recused themselves from duties because they were on the ballot.

"No secretary has ever recused for that purpose and that won't start now," Fontes said.

The pattern stretches back through recent Arizona history. Former Secretary of State Katie Hobbs did not recuse herself from overseeing the 2022 election while running for governor. Previous secretaries including Jan Brewer in 2006, Ken Bennett in 2010, and Michele Reagan in 2018 all continued their election oversight duties while their names appeared on ballots.

Fontes pointed to his own record as evidence he did not abuse his position. He served as Maricopa County Recorder in 2020 while seeking re-election. He lost that race and stepped down from office.

Challengers Propose Guardrails

Gina Swoboda, running for the Republican nomination for secretary of state, said the public overestimates the power of the secretary's office. She noted that county recorders, not the secretary, actually run elections. The secretary holds an oversight role and is required to certify results.

"I think there's a perception these leadership roles have more power than they do," Swoboda said.

Still, Swoboda said she would take steps to avoid the appearance of conflict if elected. She said she would refrain from participating in logic and accuracy tests on ballot-counting machines. She also said she would seek legislative review of any significant changes to the state Elections Procedures Manual that could affect the secretary of state race.

Her Republican challenger, state Rep. Alexander Kolodin, R-Scottsdale, did not return requests for comment.

National Debate Over Election Official Conflicts

The question of election official conflicts extends beyond Arizona. In 2000, then-Florida Secretary of State Katherine Harris oversaw the contentious presidential recount while serving as co-chair of George W. Bush's campaign in Florida.

More recently, Michigan Secretary of State Jocelyn Benson said she would formally recuse herself from actions affecting the gubernatorial race after announcing her own candidacy for governor.

Utah passed a state law requiring election officials to take steps to avoid potential conflicts, according to John Milhofer, research director for the National Association of Secretaries of State.

Experts Call for Recusal Standards

Election administration experts say Arizona lags behind other states in establishing clear conflict-of-interest guardrails.

Tammy Patrick, CEO of programs for the Election Center run by the National Association of Election Officials, said the issue often comes down to an official's own discretion.

"These types of questions arise and surface when we start to talk about our election infrastructure," Patrick said.

The Election Reformers Network recommended in a 2024 report that election officials adopt recusal guidelines similar to those required for judges under federal and state laws.

"Election officials are enough like judges that recusal guidelines should at least exist for elections," the group stated.

Fontes said his office is structured so that politically sensitive matters do not reach his desk. He said he had not seen the campaign finance complaint filed by Toporek. His staff is reviewing it to determine whether there is reasonable cause to forward it to the state attorney general for investigation.

"We're operating under this basic understanding that if there is a political matter, I'm not involved," Fontes said. "Any decision, if needed, would fall to the assistant secretary of state."

For Chandler voters and Arizonans across the state, the debate raises a fundamental question: Can an election official who is also a political candidate maintain the public's trust in fair elections?