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Arizona Free Enterprise Club files Hatch Act complaint against ASU

Arizona State University's Walter Cronkite School of Journalism and Mass Communication
Sky Schaudt/KJZZ
Arizona PBS is based at Arizona State University's Walter Cronkite School of Journalism and Mass Communication in downtown Phoenix.

The Arizona Free Enterprise Club filed a civil complaint against Arizona State University for allegedly interfering in the 2022 governor’s race.

In 2022, Arizona PBS — also known as KAET-TV — which is housed at ASU, was set to host the debate between then-Democratic candidate Katie Hobbs and Republican candidate Kari Lake in partnership with the Citizens Clean Elections Commission.

But Hobbs refused to debate. Then ASU offered an interview to both candidates rather than just Lake, as Clean Elections rules mandate, and also what PBS initially said they’d do.

ASU’s offer severed the partnership between PBS and the Clean Elections Commission.

Hobbs accepted the offer and did a 30-minute interview, but Lake declined.

“It was clear that public resources were being used as part of this process to influence the outcome of an election which under state law is illegal,” Arizona Free Enterprise Club President Scot Mussi said.

Public records recently provided to the Arizona Republic by ASU show that university President Michael Crow and other higher-ups discussed not wanting to give airtime to Lake’s false claim that the 2020 election was stolen and considered Hobbs’ political prospects.

The Arizona Free Enterprise Club filed a Hatch Act complaint, which is a process created in federal law when a government employee engages in certain political activities. The outcome of the case could result in a civil penalty.

Mussi said the club hasn’t decided whether or not they also want to file a formal lawsuit against ASU.

“We want to make sure that taxpayers are protected,” he said.

ASU did not respond to a request for comment.

The complaint is filed with both Republican Maricopa County Attorney Rachel Mitchell and Democratic Attorney General Kris Mayes.

Mussi said he wants both offices to take up an investigation and hopes that if one refuses to investigate, the other will step in.

Arizona Senate President Warren Petersen (R-Gilbert) has filed a separate request to the Federal Communications Commission asking it to revoke Arizona PBS’s broadcasting license, without which it cannot operate.

Camryn Sanchez is a senior field correspondent at KJZZ covering everything to do with Arizona politics.