Republicans filed ethics complaints alleging two Democrats incited a “riot” within the state House of Representatives following their attempt to introduce a repeal of the 1864 abortion ban on April 10.
The complaints were filed Wednesday against House Minority Assistant Leader Oscar De Los Santos, D-Laveen; and Rep. Analise Ortiz, D-Phoenix. The two Democrats led a chant in which some Democratic members shouted “Shame!” at Republicans repeatedly when they motioned to go into recess instead of voting on a procedural motion to decide if the repeal bill should be voted on by the chamber.
“Notably, Representative De Los Santos’ insurrectionist behavior was completely unprovoked,” the complaint against De Los Santos from Reps. Barbara Parker, R-Mesa; and David Marshall, R-Snowflake, states. “House Republicans merely voted in support of a short recess to conduct due diligence, discuss collectively, and exercise prudence and wisdom in addressing legislative business and procedures.”
Marshall and Parker also signed the complaint against Ortiz, which contains very similar language and allegations to the De Los Santos complaint.
Rep. Jacqueline Parker, R-Mesa also signed the complaint against De Los Santos and Rep. Rachel Jones, R-Tucson, signed the complaint against Ortiz
The two Democrats are accused of violating a House rule that prohibits members from engaging in disorderly behavior.
Both complaints state that other members felt “threatened and intimidated” as the two Democrats led the chant against them. De Los Santos and Ortiz also interrupted a press conference with Rep. Matt Gress, R-Phoenix, and shouted at him while he tried to answer questions.
The complaint against Ortiz cites a TikTok video she recorded and posted in which she says “I think we need to disrupt his (Gress’) conference over there,” before disrupting the press conference.
“This outburst completely shattered the decorum and civility of the chamber and disgraced every one of its members,” Republicans wrote in the complaints.
Rep. Stephanie Stahl Hamilton, D-Tucson, didn’t engage in shouting at Republicans on April 10. She told reporters that day that she felt the actions from her colleagues was a moment of frustration that reflected constituents’ anger over the legislature’s inaction on the 1864 abortion ban at the time and frustration from Democrats at the number of their bills, including the abortion ban repeal, not getting heard in committee.
“There are a lot of Arizonans who are feeling anger who are feeling intense emotion about the substitute motion to recess – to not deal with the issue,” Stahl Hamilton said. “If we are here to represent the people, we’re not robots. We are real life human beings. We’ve got a lot of people with this issue that goes to the core.
The Republican representatives also accused De Los Santos of violating two other House rules that prohibit a member from addressing another member without permission from the chair and using “impermissible debate” that offends or misrepresents members.
House Minority Leader Lupe Contreras, D-Avondale, said in a written statement Friday that the complaints are retaliation against Democratic members who reacted to a “clear abuse of the process” by House Republicans.
“In spite of the over-top rhetoric in the complaints, that’s all this was,” Contreras said. “The fact that the Speaker (Ben Toma, R-Peoria) has already punished Assistant Leader De Los Santos by stripping him of his committees before an ethics hearing has even taken place only underscores and accentuates the abuse of process.”
Contreras also criticized House Republicans for filing complaints against his members instead of against Rep. Austin Smith, R-Wittmann, who recently withdrew his legislative candidacy in Legislative District 29 after a campaign challenge filed in Maricopa County Superior Court alleged he forged signatures on his ballot nomination petition.
The secretary of state’s office has referred the forgery allegations against Smith to Attorney General Kris Mayes’ office.
GOP consultant Chuck Coughlin said Smith’s withdrawal as a legislative candidate and forgery referral to the attorney general’s office should be cause for his resignation.
“It’s a black mark on the body of the legislature when somebody willfully, fraudulently submits signatures. If it did ever happen historically, that person would resign,” Coughlin said.
Ortiz and De Los Santos have until 2 p.m. May 1 to respond to the complaints. House Ethics Chairman Joe Chaplik, R-Scottsdale, will decide if the committee will investigate the complaints.
