Litchfield, Goodyear state rep's forgery allegations referred to state AG

Turning Point Action's former senior director and state Rep. Austin Smith, a Republican from Surprise, has been referred to the Attorney General's Office for criminal investigation for allegedly personally forging at least dozens of nominating petition signatures.

Smith withdrew from reelection after a Goodyear resident filed an election challenge lawsuit, where at least two voters claim Smith may have personally forged signatures in his bid to be reelected in Legislative District 29. The district, in the far West Valley, includes portions of Glendale, El Mirage, Surprise, Litchfield Park, Goodyear and Morristown.

According to the Arizona House Democrats, Smith’s petitions have been forwarded to the state Attorney General.

“Smith … has been referred to the Attorney General's Office for criminal investigation for allegedly personally forging dozens of nominating petition signatures,” wrote the House Democrats in a release.

The confirmation comes after Republican House Chairman Joseph Chaplik dismissed an ethics complaint against Smith filed by four caucus members on May 3.

"Four members of our caucus filed this complaint two weeks ago, so it was puzzling why it has taken so long to be released to the public when the Chairman didn't intend to provide accountability anyway,” said House Democratic Leader Lupe Contreras in a statement. “This was a very simple complaint that speaks for itself. Representative Smith is facing serious criminal allegations based on his alleged forgeries, which impact his ability to serve as a member of the House. We gave Republicans ample time to hold their member accountable, but it became clear today that they have no intention of doing that. I thank our members for stepping up for accountability.”

According to reports, the Arizona Secretary of State's office forwarded the lead to the AG's office. There is no indication or confirmation of an investigation into the matter from the state.

According to Arizona law, forgery occurs if an individual "offers or presents, whether accepted or not, a forged instrument or one that contains false information."

The law also outlines the intention to defraud, as "the possession of five or more forged instruments may give rise to an inference that the instruments are possessed with an intent to defraud."

According to FindLaw, a violation is a felony (class 4, 5 or 6) and can be punishable by a prison term of one to three years.