A Democratic voter and liberal group accuse conservative state Sen. Anthony Kern of misusing campaign cash in his travel to Washington on Jan. 6, 2021, where he was photographed among Capitol rioters.
“I’m frustrated at the lack of accountability for people that participated in a plot to subvert our elections,” said Josh Gray, who filed the complaint with the help of Opportunity Arizona. Gray said his concerns have deepened now that Kern is running for Congress.
Kern jokingly told The Arizona Republic he’s “thankful for the free publicity.”
Kern’s a tough-talking, conservative state lawmaker who epitomizes Arizona’s involvement in attempts by former President Donald Trump and allies to overturn the 2020 election. Besides being at the U.S. Capitol riots in 2021, he’s one of 11 people who claimed incorrectly in paperwork sent to then-Vice President Mike Pence that they were legitimate Trump electors. Trump lost the election in Arizona by 10,457 votes.
State Attorney General Kris Mayes is currently conducting an investigation into the actions of Kern and the other 10 fake electors in Arizona, who so far haven’t faced any federal penalties.
Kern served as a state representative in 2019 and 2020, but lost his bid for reelection. Following the 2021 redistricting process, voters elected the former El Mirage code enforcement officer to the state Senate last year.
Arizona Democratic lawmakers sent a formal complaint to the FBI and U.S. Attorney’s Office in 2021 to protest the involvement of Kern and other Republicans, including then-lawmaker Mark Finchem and Congressmen Andy Biggs and Paul Gosar.
Gray said on X after filing the complaint that “only a fine is warranted” for the alleged violation.
The timing of the complaint, which the Secretary of State’s Office acknowledged it received Oct. 30, matched the launch of Kern’s official congressional campaign. The Glendale Republican hopes to fill the seat of departing 8th District U.S. Rep. Debbie Lesko, who announced this month she would not run in 2024 for another term in office.
Kern’s campaign announcement on X followed statements on a local radio show indicating he intended to jump in to the race. Republican Abe Hamadeh, who narrowly lost the race for state Attorney General in November, has also announced his candidacy for Lesko’s seat.
“I have been privileged to serve the people of AZ throughout my career in public service as a law enforcement officer, Representative, and Senator. It is now my honor to continue fighting for our people as their representative in Congress,” Kern said in his statement on X.com.
Allegations
Gray’s three-page complaint against Kern notes he reported a transfer of $5,935.23 from his failed 2020 House campaign to his state Senate campaign on Jan. 1, 2021. That came before Kern officially could become a candidate under state law. Besides his alleged non-candidate status, he also used the money for personal reasons in violation of campaign law, the complaint says.
Kern’s cumulative 2021 report shows expenditures of $980.96 on Jan. 4. 2021, for “travel – lodging;” an expense of $478 on Jan. 5, 2021, for an airline ticket; and $436.74 on Jan. 11, 2021, for “travel -lodging” at “Hyatt Hotels,” with an address of “Manhatton (sic), New York, AZ 11111.”
“Mr. Kern’s attendance at the event is well documented by both his own social media account, and by subsequent news media reports,” the complaint states.
Gray and Opportunity Arizona — which spent nearly $27,000 in 2020 trying to unseat Kern — want Democrat Secretary of State Adrian Fontes to find that Kern broke state campaign finance law “by spending campaign funds on personal uses that involved a violent insurrection aimed at overthrowing legitimate election results at the United States Capitol.”
If Fontes determines the complaint is valid, it would be up to Mayes’ office to enforce the potential penalty.
Daniel Marans of Huffington Post noticed Kern’s Jan. 6, 2021-related expenses and penned an article about them last January. The story included a quote by a Democratic Legislative Campaign Committee spokesperson calling on GOP leaders to condemn Kern’s actions.
Kern’s a former El Mirage code compliance officer who was fired in 2014 after supervisors found he was untruthful about reimbursing the city for a lost computer tablet. While a state lawmaker, Kern tried to pass a bill that created an avenue for officers to appeal their inclusion on the so-called Brady list in Arizona. The list is a file of officers considered untruthful, which he was listed on. The bill passed and was signed into law, but not before it was rewritten to deal with animal cruelty.
Kern listed no income in his 2023 financial disclosure report, but owns a family trust and is a partner at a private investigation office.
In the middle of his two-year term, Kern said he hasn’t decided yet if he’ll resign from office to run for Congress, or stick around through the 2024 legislative session. State law requires officeholders to resign before filing nominating paperwork for another office, but grants an exception for those in their last year of office, which Kern will be next year.
Kern hasn’t yet filed a statement of interest for the congressional job. He said to ask him about resigning again before the 2024 session begins.
Reach the reporter at[email protected] or 480-276-3237. Follow him on X@raystern.
