AG: Rep. Justin Heap cleared in campaign finance law investigation

The Arizona Attorney General’s Office found a Republican lawmaker did not violate campaign finance law for failing to report donations from political groups.

After a months-long investigation, the office found Rep. Justin Heap (R-Mesa) did not violate the law by failing to report five donations totaling about $2,500 from political action committees to his legislative campaign on a campaign finance report for 2023.

The investigation stemmed from a complaint filed by Democratic strategist Tony Cani, who asked the Secretary of State’s Office in February to investigate whether the disclosure issue constituted a violation of campaign finance law.

The Secretary of State’s office determined there was reasonable cause to believe Heap violated the law for not reporting the contributions that showed up on reports filed by PACs connected to mining company Freeport-McMoran, Arizona Association of Realtors, the Arizona Fraternal Order of Police and APS parent-company Pinnacle West Capital Corporation.

At the time, Heap maintained that he did not accept PAC contributions and that the checks were either destroyed or returned.

The Attorney General’s Office confirmed Heap did not accept the donations.

“Importantly, beyond the information that Mr. Heap has provided, I have discovered through my own investigation that each of the PACs implicated in this matter has now in fact amended its campaign finance report to reflect that Heap for House did not accept their respective contributions,” according to a letter signed by Assistant Attorney General Clinten Garrett.

Garrett noted that Heap’s “lack of cooperation unnecessarily prolonged this investigation and disposition, wasting valuable government time and resources in the process,” but concluded Heap did not violate the law and closed the investigation.

Cani had pointed to the campaign finance guide for candidates published by the secretary of state. According to that guide, a candidate should report they received a check on “the date the committee knowingly takes possession of the contribution” or on the date shown on the check.

The guide also provides methods candidates can use to report refunded contributions.

However, Garrett cited a separate part of the guide that defines contributions as “all sources of money that flow into a candidate’s campaign account.”

“Given the strong evidence that Mr. Heap did not deposit the checks at issue here, the Office credits his defense that he did not receive reportable contributions,” Garrett wrote.

In response to the decision, Heap reiterated that he “refused to take money from lobbyists.”

“It's no surprise that the AG's office concluded that ‘no violation occurred’ and subsequently closed their partisan investigation given that this entire complaint, filed by a paid Democrat operative, was fabricated for the sole purpose of enabling the Secretary of State and Attorney General to weaponize their offices against me to inappropriately influence the Maricopa County Recorder’s election,” Heap said in a statement.