PHOENIX — By the time voters see a candidate's name on a ballot, it's the result of a long timeline and effort on behalf of the candidate and, often, their supporters and staff.
One of the first big tasks starts with a pen and paper, as candidates for office in Arizona are required to gather hundreds - and sometimes up to tens of thousands - of signatures to put their names in consideration for voters.
The number of signatures required varies by year and depends on the candidate's party, district, and other factors.
"I think the philosophical idea behind it is by going out and getting enough qualified signers to sign your petition, you're demonstrating you have a certain level of support," explained Roy Herrera, an election lawyer who often works with Arizona Democrats.
Herrera may end up representing some of the candidates accused of forging signatures.
Signatures can be gathered by the candidate, volunteers, paid circulators, and even online via the state's E-Qual system. Once the signatures are submitted, they are reviewed for issues, including sometimes by potential political opponents.
"They'll go through the petition sheets and they'll say, 'the fourth signature on page three is invalid because that person isn't a registered Republican' or 'that person doesn't actually live in the district' or 'that person doesn't live at that address' or, as it may happen, 'that's not that person's signature,'" explained Maricopa County Recorder Stephen Richer, a Republican.
If there are enough challenges raised, that spreadsheet is sent to either the county recorder or Secretary of State. The county recorder's office then builds a report on the challenged signatures, analyzing how many of the signatures are valid.
The recorder's office will determine if the candidate has enough signatures to make the ballot and share their findings with the court. If there aren't enough valid signatures after a review, the candidate will not move forward and will not appear on the ballot.
If it's determined that signatures have been forged, however, criminal charges may be on the table.
"If people are alleging criminal things, such as it sounds like the Secretary of State is alleging, that's a matter of forgery and that has real criminal penalties that exist outside of the political world," Richer said.
So far in 2024, the Arizona Secretary of State's office says it has sent 13 criminal referrals on 11 different nomination petitions.
Herrera said candidates can often put off the task of signature gathering, but they're legally allowed to begin gathering signatures for more than a year ahead of time.
"This is table stakes for candidates," Richer said. "This is something that they have to get right in order to move forward and we've seen candidates - even candidates running for congressional races - get tripped up by this in the past."
Elections experts ABC15 spoke with note that this kind of signature fraud is not comparable to alleged signature fraud on early ballots.
"I've seen folks try to make the equivalency there, but I don't view them as similar at all," Herrera said.
"This context - it's a candidate going around with a clipboard himself, asking people to sign his petition sheet," Richer explained. "In the voting context, it's a mail ballot packet going to a registered voter as it's intended for that voter, it's in that voter's mailbox, and it's being sent back directly to the county."
Arizona Attorney General Kris Mayes will now consider whether charges are warranted for any of these candidates or the people who they had gather signatures for them.
