Is Arizona's 'anti-dark money' law 'completely unenforceable'? State hasn't posted reports

Arizona's "See the Money" website is designed to let the public know who is spending what in campaigns.

But there is nothing to see when it comes to spending by independent expenditure committees, which are required for the first time to name their core donors under Arizona's new "anti-dark money" law.

The Arizona Secretary of State's website shows no reports from these groups, even though there is evidence some committees are filing them. The lack of public disclosure comes as races for state and legislative seats are well underway, and as early voting is set to begin July 3.

The Secretary of State's Office did not reply last week when asked why the reports are not online.

On Monday, Secretary of State Adrian Fontes blamed the no-show on antiquated technology and a turnover in his information technology staff. While he is hopeful the independent expenditure reports, called "IEs" for short, will be posted by Friday, he said he can't guarantee prompt posting throughout the rest of this year's campaign cycle.

He said his office has lacked adequate funding to update its technology, although the new state budget will improve the situation somewhat.

So far, there have been only six IE reports filed, Fontes' office said. That total includes IEs whose spending falls below the threshold amounts that would trigger detailed donor information as required by the anti-dark money law. Voters approved the Voters Right to Know Act by more than a 2-to-1 margin, making a strong statement about transparency in campaign spending.

The lack of information frustrates the ability of the public to know who is paying for political speech. And it deprives the campaigns negatively targeted by independent expenditure committees of knowing who they're dealing with.

Chris Baker, a political consultant running former state Sen. Vince Leach's comeback bid against fellow Republican Sen. Justine Wadsack, said: “We have no idea what’s going on."

He's looking for information on the money behind a committee called Make Liberty Win Arizona . The group is supporting Wadsack, as well as GOP representatives Rachel Jones and Cory McGarr in the southern Arizona Legislative District 17.

"As a campaign, we have no idea what outside groups are spending to influence the outcome of the election our candidate is running in," Baker said.

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Baker said he has called the Secretary of State's Office twice seeking information on the missing filings, but as of Friday had not received a return call.

While he's ideologically opposed to the anti-dark money measure, Baker said it is the law and the law should be followed.

"Right now, it's completely unenforceable," he said.

Voters approved Proposition 211 in 2022 with 72.3% support. It requires financial disclosure from any individual who makes a financial contribution of $5,000 or more to a committee that spends at least $50,000 on a statewide or legislative ad campaign. Until this year, those campaigns could keep their donors' names secret.

The Arizona Clean Elections Commission is responsible for enforcing the disclosure law. But thus far, there has been nothing for the commission to review, said Tom Collins, the commission's executive director.

The reports are central to the commission's duty to enforce the anti-dark money law.

State law requires disclosure reports from independent expenditure committees to be transmitted electronically to the secretary of state.

"Officials shall promptly make the information public and provide it to the commission electronically," the law states.

While nothing has yet arrived at Clean Elections from the Secretary of State's Office, Collins said he's aware such reports have been filed with the secretary of state by at least two independent expenditure groups. That's because they have reached out to his office for filing information, Collins said.

On Monday, Collins said he was gratified to know his office should be getting the information it needs to do its job. But he said if funding is an issue, the commission — as it has in the past — would be open to helping cover some costs.

Thus far, the commission has sent $72,000 to the Secretary of State's Office to help cover the cost of receiving and displaying reports that are covered by the Voter's Right to Know Act.

Collins, like Baker, has contacted the Secretary of State's Office to find the reports. And like Baker, he has not received a response.

“We are in no better position than you are to see what's on See the Money," Collins told The Arizona Republic.

Reach the reporter at maryjo.pitzl@arizonarepublic.com or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl .

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This article originally appeared on Arizona Republic: Is Arizona's 'anti-dark money' law 'completely unenforceable'? State hasn't posted reports