Arizona GOP leader accuses state election officials of ‘obstruction’ in FBI election records probe

Arizona State Senate President Warren Petersen, R-Gilbert, attends a Senate session, Thursday, April 24, 2025, at the state Capitol in Phoenix. (AP Photo/Samantha Chow)

Arizona’s top Republican lawmaker accused the state’s Democratic attorney general and secretary of state of potentially committing federal crimes as they warn counties not to hand over sensitive voter data to Trump’s DOJ.

In a letter sent to the U.S. attorney for Arizona Tuesday, Senate President Warren Petersen (R) asked federal prosecutors to examine whether Kris Mayes (D) and Adrian Fontes (D) interfered with a grand jury investigation tied to the 2020 election — intensifying an already volatile dispute over federal demands for election-related records.

The conflict centers on a subpoena issued last month by the FBI seeking materials connected to the Arizona Senate’s partisan 2021 review of Maricopa County’s election — a widely discredited effort that nonetheless remains a focal point for ongoing federal inquiries tied to 2020 election denial claims.

Petersen, who confirmed the Senate turned over records in response to the subpoena, framed the actions of Mayes and Fontes as potential criminal interference. 

“This request is especially concerning in light of the Attorney General and Secretary of State’s misleading statements to county election officials that compliance with federal grand jury subpoenas requesting election related information is illegal,” Petersen wrote. “This pattern of conduct suggests an inappropriate attempt to interfere with the grand jury’s ongoing investigation.” 

The letter goes further, invoking serious allegations under federal law. 

“The Arizona Attorney General and Secretary of State’s actions may constitute obstruction of justice and witness tampering,” Petersen wrote. 

The accusation marks a sharp escalation — effectively urging federal prosecutors to investigate two of Arizona’s top election officials for actions they say are required by law.

Petersen is currently running for attorney general — the office held by Mayes.

“While Arizona State Senator Petersen continues to prioritize Donald Trump’s wishes over the safety and security of Arizona’s voters, I can confidently affirm that these methods of intimidation will not stop our work,” Fontes said in response to Petersen’s letter. “Political threats are not going to deter me from working to protect Arizona’s voters.”

Just weeks earlier, Mayes and Fontes issued their directive to county election officials — warning them not to turn over full, unredacted voter data to the DOJ, even in the face of federal requests. 

“Doing so would violate both federal and state law,” they wrote in a March letter to county recorders.  

Their letter laid out that federal courts have repeatedly rejected DOJ’s ongoing efforts to obtain comprehensive voter data, and Arizona law explicitly prohibits releasing sensitive information such as Social Security numbers — with violations potentially carrying felony penalties.  

Mayes and Fontes also emphasized that federal authorities may be attempting to use grand jury subpoenas to bypass ongoing litigation over access to voter records — urging counties to alert their offices immediately if such demands are made. 

Mayes and Fontes argue they are enforcing long-standing privacy protections and resisting what they describe as an unprecedented federal overreach into state-run elections. Petersen, however, argues that any attempt to discourage compliance with a federal grand jury undermines the justice system itself. 

“The threats of the Attorney General and Secretary of State are incompatible with the United States Constitution,” he wrote, “and only serve to hinder voters’ confidence in our elections.”

With Petersen urging federal scrutiny and the state’s top election officials signaling they are prepared to fight any unlawful demands, the dispute could test the limits of federal authority over elections and how far officials aligned with Trump’s election denial are willing to go to reopen the 2020 results.

The U.S. Attorney’s Office for the District of Arizona did not immediately respond to a request for comment.