The nonpartisan Citizens Clean Elections Commission voted unanimously Aug. 4 to deny a request from Arizona Corporation Commission candidate Ralph Heap to withdraw from the public financing program.
The 4-0 vote leaves Heap's campaign funding in limbo.
Although Heap submitted enough $5 contributions to qualify for public financing, that funding has been withheld since late July, pending his sworn statement that his campaign finance reports are accurate. Heap's most recent campaign finance report shows he's raised a little over $19,000, but he's barred from accepting private donations until he withdraws from the program.
And now, that door has closed.
Records obtained by The Arizona Republic show that Heap’s public funding, which he qualified for
July 20, was frozen. The funding was being withheld because Heap hadn’t yet signed a statement certifying that all his campaign finance reports had been filed accurately — a prerequisite to access the money.
At the same time, Heap is facing a complaint claiming that the number of signs supporting him doesn't match the spending reported in his campaign finance reports. In an email from Clean Elections executive director Tom Collins to Heap's attorney, Collins wrote that under the circumstances, Heap may "have difficulty complying" with the statute requiring the sworn statement.
"This is so because there is substantial evidence that Dr. Heap's campaign finance reports do not reflect expenditures for signs paid for the campaign, nor identify the source of the funds for those signs," Collins wrote to Heap's attorney, Timothy La Sota, in an email obtained in a public records request.
Frustrated with the delay in releasing the funding, La Sota penned a letter July 31 asking to pull Heap from the program.
“You have indicated in writing to me that in your view it is questionable whether he will receive funding this election cycle,” La Sota wrote to Collins. “Dr. Heap cannot wait for the Commission’s process as we are just over two months away from mail in ballots being sent to voters.”
The orthopedic surgeon and state legislator did not attend the virtual meeting but was represented by La Sota. Heap did not immediately return a call requesting comment.
Five people, including Heap's primary opponent and current commissioner Nick Myers and former Arizona Secretary of State candidate Gina Swoboda, spoke during public comment. All speakers urged the commission to impose various penalties on Heap or deny La Sota's request to withdraw the candidate from the program.
Heap is separately facing a campaign finance complaint with the Clean Elections Commission, which was brought up frequently during public comment at the Aug. 4 special meeting.
"Clean elections cannot become a risk-free gambit," said Vincent La, who described himself as a "concerned" Republican voter. "A candidate should not be able to enter the program, campaign as a participating candidate, then try to quit when asked to sign a sworn statement saying that their reports are correct."
La Sota countered that it wasn't appropriate to force Heap to remain in the program or issue other censure since funding was never delivered. He added that Heap has a "right" to withdraw.
"This business about there's a difference between qualifying and disbursement, that's a bunch of hooey," La Sota said. "If we had qualified, where's our check? Where's our money?"
After hearing public comment and responses from Heap's legal counsel, the commission went into executive session.
Counsel for the commission stressed that the Aug. 4 vote was exclusively on whether Clean Elections rules would permit Heap to withdraw at this point, and any complaints or claims of campaign finance violations should have no bearing on the decision.
The commission did not discuss the reason for the vote to deny after leaving executive session. Statute dictates that a candidate can ask to leave the program "at any time," but only before being notified that they qualified.
An archived page previously published on Heap's campaign website describes why he sought public financing in the race.
"This race isn't just about winning a seat — it's about restoring trust, accountability, and independence to the Arizona Corporation Commission," the page states. "While other candidates rely on high-dollar donors and utility-backed insiders, Dr. Heap is running clean to represent you, not the powerful."
The complaint against Heap, filed by Republican activist Lisa Everett, points to a disconnect between the number of signs supporting Heap and the spending reported in his campaign finance reports. Everett recently doubled down, writing a letter to the commission advocating for the “strongest sanctions available”, up to removing Heap from the ballot or encouraging him to withdraw. Everett is an open supporter of Myers and Thompson.
Heap narrowly beat incumbent Myers in the July primary, becoming one of two Republican nominees for the two Corporation Commission seats. He and incumbent Kevin Thompson will face Democrats Clara Pratte and Jonathon Hill in November. Myers, Thompson, Heap, Pratte and Hill all qualified for public financing through the Clean Elections program.
Currently, all five members of the Corporation Commission are Republican.
Alaina Mencinger covers tech, energy and utilities for the Arizona Republic. Reach her at Alaina.Mencinger@usatodayco.com.
This article originally appeared on Arizona Republic: Ralph Heap's campaign funding stays frozen after Clean Elections vote
