Republican superintendent candidate Kimberly Yee has filed a formal complaint accusing Democratic rival Teresa "Terry" Leyba Ruiz of illegally campaigning in public schools.
The Sept. 1 complaint from Yee, the current Arizona treasurer, escalates an increasingly contentious race for Arizona's top education office.
Ruiz called the complaint “meritless.”
The superintendent of public instruction is the top elected education position in the state and is responsible for heading the Arizona Department of Education. The superintendent also has a seat on the State Board of Education.
The complaint was filed with the Arizona Attorney General’s Office.
Attorney General Kris Mayes, a Democrat, has publicly endorsed Ruiz. Mayes' spokesperson, Richie Taylor,
indicated her office's legal team is reviewing any conflicts of interest and may pass the complaint along to another office.
Yee accuses Ruiz of using school property to influence election
Yee’s complaint claimed that Ruiz has used school district buildings and resources to “influence the outcome” of the election.
Yee’s complaint cited an Arizona law stating that “a person acting on behalf of a school district or a person who aids another person acting on behalf of a school district” cannot use school buildings or facilities to influence the outcomes of elections. Yee’s complaint said she does not have evidence to suggest that any particular school district employee authorized Ruiz’s campaign activity on any school property.
Yee said that Ruiz’s conduct — which included “exploiting her access to school district buildings, personnel, and students to promote her candidacy in public schools and create and disseminate campaign content on her social media campaign pages” — still violates the law.
And because Ruiz has said she has visited schools in all 15 counties, Yee’s complaint said every county attorney in the state would receive the same complaint to be notified of the “alleged violations.”
Yee’s complaint cited social media posts from Ruiz’s campaign that show her in classrooms and interacting with children and school personnel. Ruiz is also sometimes seen wearing her campaign pin and with her campaign logo visible in photos. That shows she is visiting the schools as part of her campaign and not in her personal capacity, according to Yee’s complaint.
Yee’s complaint also accused Ruiz of potentially disrupting classroom time by visiting schools and interacting with staff and students during the day.
The Republican wants her Democratic rival to delete all social media posts featuring photos and videos of her inside school buildings; the Attorney General's Office to conduct an investigation into Ruiz’s use of school district resources; and to take “appropriate steps to enforce the law and prevent additional violations,” including seeking fines.
Complaint is a 'desperate political attempt,' Ruiz says
In a statement, Ruiz called the complaint “politically charged” and a “desperate political attempt by a career politician to distract from the negative press she has garnered.”
Ruiz said part of her campaign is listening to students, families and educators, and that touring public schools has helped the campaign learn how to best advocate for public education.
“Just like teaching experience, visiting schools and learning about their programs should be a prerequisite for Superintendent of Public Instruction,” Ruiz said in a statement to The Arizona Republic.
Ruiz said the invitations she has received to tour schools have come from administrators across both parties, and that many of them have been Republicans. Ruiz said Yee has received those same invitations but has not attended. Ruiz also accused Yee of using taxpayer dollars to travel the state, which Yee denied.
“While my opponent is focused on conspiracy theories and political agendas, I’ve campaigned as I would govern focusing on students, listening to schools, and partnering with families across the state,” Ruiz said in her statement.
In response, Yee said in a statement to The Republic that she has not received invitations to the same schools where Ruiz has “illegally campaigned.”
Yee said Ruiz refuses to follow the law even after being made aware of what Yee said were violations related to campaigning in classrooms. Parents have a right to expect their children to be sent to school to learn as opposed to schools being turned into a “campaign backdrop or a photo shoot,” Yee said.
“There’s a real ethical problem when someone who is running to be the leader in education wants to inject politics in the classroom on the taxpayer’s dime and time,” Yee said.
This article originally appeared on Arizona Republic: Kimberly Yee accuses Terry Ruiz of illegally campaigning in schools
