Kern opens investigation of Mayes (2024)

A state senator under investigation for being a fake elector in the 2020 presidential election has begun a probe of his own against Attorney General Kris Mayes.

Sen. Anthony Kern, R-Glendale, who chairs the Senate Judiciary Committee, is piloting the effort, and said Mayes has “reversed the state’s position in several significant cases and has refused to defend state law.”

The committee passed a motion in a 4-3 vote along party lines to open a special inquiry into whether Mayes has abused constitutional and statutory authority.

This could be a balancing act for the Glendale senator who is currently being investigated by Mayes for allegedly falsely presenting himself as an elector, along with 11 others including, Sen. Jake Hoffman in 2020.

“Despite this obvious violation of law, Kris Mayes has provided cover for Governor Katie Hobbs’ decision to bypass Senate confirmation of agency directors,” Kern said. “And most concerning for true lovers of democracy, Kris Mayes has engaged in a witch hunt, threatening and bringing prosecution against local elected officials for the way they vote within their offices.”

Kern was alluding to Mayes’ decision to prosecute two Cochise County supervisors for delaying the certification of the 2022 election results.

He cited Mayes’ refusal to support the Save the Women’s Sports Act – which was put into law by the legislature in 2022 but blocked by a federal judge in Tucson July 2023 – as an example of her failure to meet statutory requirements.

The legislation made it illegal for academic girls’ sports teams to “be open to students of the male sex,” which raised concerns for parents of transgender children in the state, resulting in a lawsuit.

Mayes, who was left responsible to defend the state’s law, backed down from the case.

Another concern raised by Kern related to Mayes’ lack of legal action againstHobbs for evading Senate confirmation of agency directors by renaming her candidates as “deputy executive directors.”

Nominees for agency directormust receive Senate confirmation, the newly mintedCommittee on Director Nominations gave nominees political litmus tests and recommended against confirmation for several of them.

Sen. Anna Hernandez, D-Phoenix, who voted against the inquiry, said Kern was “conflating issues” with no real rationale.

“There’s a lot of things that happen and have happened in the government that I don’t agree with, and I oppose in many ways,” Hernandez said. “I don’t know if that is justification to open this inquiry into the Attorney General.”

But Sen. Wendy Rogers, R-Flagstaff, supported the motion and said Kern had “laid out the facts” which had basis to open an inquiry.

Sen. Minority Leader Mitzi Epstein, D-Tempe, shot back that it was an “unfounded” motion that had no foundation to support it.

“This is just a political theater,” Epstein said. “You’re just trying to stand up, make your case and literally create a theater for yourself.”

Kern said Epstein had impugned her, and raised the point that he could have made the motion as chair without holding a vote. He did not disclose specifics of what the special inquiry could entail but confirmed it will take place within the committee.

“It is a precedent we are moving forward with,” Kern said. “I think it is needed and we will go forth from there.”

Kim Quintero, Communications Director for the Senate Majority, confirmed that Senate President Warren Petersen gave Kern the go-ahead to initiate the inquiry.

However, further details of the effort remain behind closed curtains.

“I’m not providing further information outside of what was said in committee Thursday,” Kern said in a text message to our Friday.

Mayes brushed off the committee’s actions in a written statement to the Arizona Capitol Times.

“Instead of addressing our state’s budget deficit, tackling the fentanyl crisis, or protecting senior citizens from elder abuse, some Republicans in the Legislature seem more interested in wasting time and taxpayer money on a baseless inquiry into how I’ve done the job of Attorney General,” Mayes said.

Mayes suggested lawmakers are not used to an Attorney General who focuses on actual issues.

Depending on the findings of the inquiry, Kern could initiate a move to subpoena Mayes, but it would take a majority vote from the Senate. The probe could require the Attorney General to stand before the committee to give testimony or provide evidence as it relates to the investigation.

A spokesperson for Mayes declined to comment on whether Mayes will be receptive to the investigation.