Tension is rising in a Democratic primary for a state legislative seat in Tucson as one candidate attempts to disqualify his opponent.
On Monday, Rocque Perez sued Rep. Alma Hernandez over alleged unpaid fines from past legislative campaigns, something Perez says should bar Hernandez from running.
“Alma Hernandez has already had four terms in the Arizona House. The public has every right to expect she will clear up finance transparency before seeking a promotion,” Perez wrote in a press release.
Hernandez is a state representative with a public health background, first elected in 2018, who is known for her pro-Israel views. Perez is a former Tucson city council member with left-wing policy positions. Both are running for Arizona State Senate in the 20th legislative district, which includes downtown Tucson and is represented by Sally Ann Gonzales, who is leaving to run for Hernandez’s current seat.
Perez’s complaint rests on an Arizona law that bars election officials from approving candidacies by people who owe at least $1,000 in “fines, penalties, late fees or administrative or civil judgments,” except in cases where the candidate is currently appealing the debt.
According to the Arizona Secretary of State’s campaign finance portal, Hernandez’s old campaign committee Alma for Arizona owes $20,355 in fees for late financial reports filed between 2018 and 2023. According to the portal, she has filed her reports through another committee since 2024, which has not accrued late fees.
“These filings are not technicalities. Campaign finance disclosure is one of the only tools the public has to understand who is shaping elected officials’ priorities, who they are accountable to, and whose interests are closest to power,” Perez wrote in a press release.
Perez filed his lawsuit on the last day available to candidates to challenge their opponents’ appearance on ballots. His lawsuit also names Arizona Secretary of State Adrian Fontes, the Pima County Board of Supervisors and the Pima County Recorder’s Office. It argues that Fontes should not have accepted Hernandez’s candidacy and asks county bodies to prevent her name from appearing on the July 21 primary election ballot.
“The challenges filed against my candidacy are baseless attempts to disqualify me from this race, and I am confident that the court will reject them. As always, I am committed to respecting Arizona’s laws and election procedures and dedicated to serving my constituents,” Hernandez wrote in a statement to AZPM.
She did not respond to AZPM questions about whether she disputes Perez’s claim that her campaign owes over $1,000 or whether she believes owing more than $1,000 disqualifies candidates from running for office.
The Secretary of State’s Office did not respond to a request for comment and a question about whether the fines owed by Hernandez listed on its online portal are accurate. A spokesperson for Pima County declined to comment on pending litigation.
Perez’s attempt is not the only challenge to attract courts’ and journalists’ attention. Arizona Rep. Walt Blackman, who represents the 6th legislative district in rural northern Arizona, faced a similar lawsuit from a rival who claimed Blackman owed over $168,000 in fees. That suit was dismissed. A similar case reached the Arizona Supreme Court in 2018, which found a candidate owing fees over $1,000 was not technically liable for them because state agencies hadn’t attempted to enforce the penalties.
Perez said his challenge is different. He included a 2022 “reasonable cause notice” from then-Secretary of State Katie Hobbs notifying the Arizona Attorney General that Hernandez’s campaign was in violation of campaign finance law, which he said he obtained through a public records request. It is unclear if the notice would make Hernandez’s campaign liable for penalties under the 2018 court ruling.
Perez said he said he’s aware of many politicians with unpaid campaign finance fees and said state law regarding the issue is rarely enforced.
“There’s just the right amount of leeway here, where whichever party is in power, when it comes to the Secretary of State role, could benefit from leniency,” he said in an interview.
Perez said the case could end in several ways, including Hernandez appealing to have her campaign debt reduced.
“She could be required to pay the whole amount, she could be required to pay and settle with the appealed amount, she could be booted from the ballot,” he said. “I think the options are open, but I think the fact of the matter is, there’s still a loophole here and it’s one that hasn’t been closed.”
Perez said he is representing himself in the case and is using campaign funds to pay court fees. By Arizona law, the Pima County Superior Court must issue a decision within ten days of the challenge being filed.