Arizona Free Enterprise Club Brings ASU Allegations to Three County Attorneys

The Arizona Free Enterprise Club has filed complaints against Arizona State University (ASU) with three county prosecutors, claiming the university improperly used taxpayer money to influence the 2022 governor's race.

As Cactus Politics previously reported, the controversy began when Governor Katie Hobbs refused to participate in the planned debate against Kari Lake. The Free Enterprise Club claims ASU responded in a biased way that favored their preferred candidate. 

The group submitted their complaints to county attorneys in Mohave, Pinal, and Yuma counties after state and local officials refused to investigate their allegations.

"Illegal interference in our elections affects all of us," a spokesperson for the Arizona Free Enterprise Club said. "Arizona deserves accountability."

The Complaint

The Free Enterprise Club alleges the university manipulated debate rules to help one candidate over another, violating state law that governs how public schools can use taxpayer resources.

Arizona Attorney General Kris Mayes refused to investigate the matter, citing a conflict of interest. Maricopa County Attorney Rachel Mitchell also declined to pursue the case. According to reports, Mitchell's office said they were "not interested" in investigating but wouldn't explain why.

"Kris Mayes and Maricopa County Attorney Rachel Mitchell have refused to act and uphold the law," the Enterprise Club said. “Reaching this conclusion without reviewing any of the evidence.”

The organization argues that multiple counties can investigate because ASU operates statewide. The university has campuses in both Mohave County at Lake Havasu and in Yuma County. Additionally, the debate in dispute was broadcast across Arizona through a partnership with public television.

"Not only does ASU have campuses in these counties, but the gubernatorial debate that ASU effectively rigged to aid its preferred candidate was broadcast statewide through a partnership with PBS," the complaint states.

Potential Investigation

The three county attorneys now reviewing the case are Matt Smith of Mohave County, Brad Miller of Pinal County, and Karolyn Kaczorowski of Yuma County. None has announced whether they will investigate.

"Further, the gubernatorial debate that ASU effectively rigged to aid its preferred candidate was broadcast statewide through a partnership with PBS. For all these reasons, we believe each of you has jurisdiction to pursue enforcement actions in this matter,” the complaint concluded.

ASU hasn't commented on the expanded legal challenge. The university previously defended its 2022 election actions as appropriate and within its educational mission.

Each county prosecutor must now decide whether the allegations warrant a formal investigation and potential charges under state law.