Both Republicans running to be Arizona's next state schools chief have denounced as racist an ad funded by an outside political group that uses imagery associated with Chinese culture to attack candidate Kimberly Yee.
Yee, who is the current Arizona treasurer, is running against current Superintendent of Public Instruction Tom Horne for the GOP nomination for superintendent. She was born and raised in Arizona with roots going back here to the 1930s, after her great-great-grandfather had first come to the U.S.
The ad uses stereotypical typography and music associated with Chinese culture and a backdrop that features the country's national colors. It calls Yee the "Empress of DEI" and claims she led a "national shadow government of bureaucrats pushing an extreme diversity, equity, and inclusion agenda," reiterating talking points made by Horne amid his reelection campaign. Yee called it "the lowest form of campaigning" in a social media post.
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“We truly want to call out Tom Horne and his supporters that this is out of line and it’s racist and discriminatory,” Yee told The Arizona Republic. “It's very, very clear their intent was to paint me as un-American and all in on this whole DEI, which is just not true."
Horne told The Arizona Republic he had no communication with the group behind it and said he rejects the racist rhetoric.
"I think that it's possible for them to run an ad criticizing her participation in the DEI committee without engaging in racism, because I've done it," he said.
In a social media post, Horne requested that the ad be withdrawn, "or at least remove the references intended to appeal to ethnic prejudice." Yee said simply removing the references was not possible.
"The entire video is racist, even if you were to remove the music," she said. "All of the images completely show that they are trying to paint me as someone who is not American. It's insulting. It's totally inappropriate."
Horne said the ad runs counter to his lifelong commitment to opposing prejudice. His whole reason for opposing DEI, he said, is because it judges people based on their race instead of individual dignity.
"I'm an educator. The Asian students are the best students we've got. It's crazy to criticize her for being Chinese," he said. "If you go to a classical music celebration, almost all of the people who are carrying violin cases or cello cases have Asian faces. If it weren't for the Asian immigrants, classical music would have died in this country."
GOP candidates clash over DEI involvement
As both candidates campaign for the GOP nomination, Horne accused Yee of serving on a DEI committee under the National Association of State Treasurers.
In May, Yee issued a cease-and-desist to Horne claiming he was falsifying her involvement. In response, Horne posted an archived page once hosted on the association's website that listed Yee as a chair of that committee.
"I'm sure it was a mistake by the National Association for State Treasurers because I would know what committees I serve on and I've opposed DEI from its very inception," Yee said.
The association sent Yee a list of committees she was on while serving with the group, and the DEI committee was not on it. However, the association failed to return phone and email messages by The Republic inquiring why the archive web page exists.
Republicans and conservatives in general have opposed DEI, claiming it divides Americans. Horne made opposition to alleged DEI policies in public schools a priority in his 2022 campaign for state superintendent.
After he won election to that post, he set up a hotline in 2023 for the public to complain about DEI, critical race theory and other "inappropriate lessons," but the hotline hasn't resulted in prosecutions or teacher terminations.
Dark-money groups paid for ad
The ad's mandatory disclaimer says it was paid for by Arizonans for Election Integrity, with 100% of funding coming from out of state. Major funding was provided by Conservatives for Effective Government.
Both are dark-money groups that reveal few details of who’s behind the Yee ad. Federal Communications Commission records show Arizonans for Election Integrity, a political committee based in El Dorado Hills, California, purchased multiple ad spots with 3TV and CBS5.
An attempted buy with ABC15 was halted when the group didn’t provide enough information about itself, FCC documents show.
Red Eagle Media, which made the ad buys on 3TV and CBS5, listed Jon Huey as the treasurer for Arizonans for Election Integrity. On the state’s campaign finance site, the PAC lists Huey, who has a Scottsdale address, and chairperson Charla George.
In 2022, Arizona contributors sent the company money for independent expenditure ads supporting former state lawmaker Michelle Ugenti-Rita’s unsuccessful 2022 bid for secretary of state.
Campaign Legal Center, a left-of-center Washington, D.C., nonprofit, sued the Federal Election Commission in 2021 over allegedly improper independent expenditure ads from the National Rifle Association that were also handled by Red Eagle Media. The suit remains ongoing.
Red Eagle Media didn’t have voicemail, and nobody picked up the phone. Charla George’s phone number didn’t ring. Huey didn’t return messages.
The anti-Yee ad also states its major funding came from Conservatives for Effective Government, a Florida group chaired by Florida political consultant David Ramba, who could not be reached. The group was behind an ad in June opposing Joseph Chaplik, a Congressional District 1 candidate and former state lawmaker.
Horne accused in 2010 of unlawful campaign coordination
Horne was previously implicated in a scheme to coordinate his campaign for reelection as state Attorney General in 2010 with an allegedly independent advocacy campaign.
He maintained his innocence throughout the seven-year legal saga, which ended in his favor. But the case harmed his political reputation.
In that case, as a 2016 Arizona Supreme Court briefing describes, Horne was accused of coordinating an attack ad against Democratic opponent Felicia Rotellini.
One of his volunteers for his primary race, Kathleen Winn, quit after the primary to start Business Leaders of America, a group that raised $500,000 it then spent on the Rotellini TV ad. Former Maricopa County Attorney Bill Montgomery, now a state Supreme Court justice, launched a civil case against Horne after an FBI investigation raised suspicions.
Phone records showed Horne and Winn talked frequently up to the day of the ad buy. They said the conversations were about real estate. Former Yavapai County Attorney Sheila Polk ordered Horne to pay back $400,000 in campaign contributions, with a potential $1.2 million fine if he failed to pay.
The case continued through 2014 with a court victory for Horne followed by another negative ruling. He lost his 2014 reelection bid to Mark Brnovich, and the campaign finance controversy was an issue during the race.
Finally, in 2017, the Arizona Supreme Court decided Horne’s rights had been violated and sent the case back to the Cochise County Attorney Brian McIntyre, who ruled the evidence presented “would cause any outside observer to cry foul” but didn’t prove wrongdoing.
Horne said the civil case was a false charge made by a "rogue FBI agent" who testified untruthfully. Yee, however, said Horne's past accusations of working with outside groups raise questions about the current ad.
"There's just too much evidence to show that he is in coordination and right in line with what is happening in this video," Yee said.
Horne was also ordered to pay a $10,000 fine to settle a case with the Arizona Citizens Clean Election Committee, which found he had used state resources for his 2014 campaign. He denied the allegation, calling the fine a "nuisance."
