Fontes Endorses Toporek as Election Official Defends Role
Arizona election official Adrian Fontes endorsed Dan Toporek, a fellow veteran running in a contested legislative district in north Phoenix, while saying he can keep carrying out his duties as secretary of state. Fontes said the endorsement does not prevent him from doing the job. The dispute began after a legislative candidate filed a campaign finance complaint with the Arizona Secretary of State.
Fontes and Toporek
Fontes said, "I can chew gum and walk at the same time,''" and added, "I'm a voter, too, and I have a First Amendment right to express myself.'" He also said, "No secretary has ever recused for that purpose, and that won't start now,''" referring to whether he would step aside during the upcoming primary and general elections. He said he will tend to his secretary duties as he seeks a second term.
Arizona Election Duties
Arizona law does not bar endorsements by election officials. The law also does not broadly block an election official's management and oversight of elections when they themselves are on the ballot. In Arizona, county officials run elections, not the secretary of state. Gina Swoboda, who is running for the Republican nomination for secretary of state this year, said the secretary of state does not run elections.
Secretaries of State
Questions about conflict of interest have surfaced before. In 2000, Katherine Harris oversaw the recount of Florida's presidential election results and certified George W. Bush as the winner of Florida's votes while also serving as co-chair of Bush's campaign in Florida. Four years ago, Katie Hobbs was questioned about overseeing the 2022 election while running for governor; she did not recuse herself and said she would follow ethical guidelines to keep her political ambitions separate from her formal duties.
Tammy Patrick, the chief executive officer for programs with the Election Center, said, "These types of questions arise and surface when we start to talk about our election infrastructure,''". The National Association of Secretaries of State says there is no clear answer on conflict of interest questions, and Michigan Secretary of State Jocelyn Benson has said she would formally recuse herself from actions that would affect the gubernatorial race. A recent Utah state law requires election officials to take steps to avoid potential conflicts.
Fontes' decision leaves Arizona with a familiar but unresolved split between state ethics questions and the structure of election administration. County officials will keep running the elections, while Fontes continues to hold the top state office and campaign for another term.
