By Kiera Riley
Capitol Media Services
PHOENIX — Both candidates vying for the state's top education office sat in classrooms, talked to students and used the footage for campaign fodder. But only one could land in legal trouble for doing so.
In a formal complaint to the attorney general, Republican candidate for Superintendent of Public Instruction Kimberly Yee alleges her opponent Democrat Teresa Leyba Ruiz violated state law by campaigning at public schools and posting photos and videos of her visits to campuses on campaign social media accounts.
Yee's own campaign launch video also shows her walking around school grounds and speaking to students. But Yee visited a private school, not a public school — which her attorney claims gives her legal cover.
The complaint and resulting conflict between the two leaves questions around the do's and dont's of education campaigns as both candidates barrel toward the general election in November.
In 1996, the state legislature banned district and charter schools from using public resources, including buildings and personnel, to influence an election.
Part of its mandate required the attorney general to issue detailed guidance to schools on campaign activity on campuses. And per the resulting handbook published in 2004, any person acting on behalf of a school district is prohibited from allowing candidates to announce or advocate for their election on school property.
Linley Wilson, attorney for Yee, claims Ruiz violated the law by including school buildings, personnel and students to promote her candidacy on social media.
"We thought that this is just a very clear violation, and it sets a dangerous precedent if we're going to allow candidates to use public schools as platforms for their candidacy,'' Wilson said. "I just don't think that the Legislature intended for that result.''
The complaint solely points the finger at Ruiz, noting that Yee did not have any evidence that any school district employee knowingly authorized campaign activity on school property.
But she’s got plenty of evidence on Ruiz. Wilson pointed to a post in which Ruiz said she had visited public schools in all 15 counties and planned to do so again in her first year in office as part of her Arizona Classroom Conversation Listening Tour.
Wilson also cites specific photos and videos of Ruiz speaking to a full class of students, talking with teachers and walking down a school hallway.
"These social media posts are not incidental photographs taken in Ms. Ruiz's personal capacity,'' Wilson wrote. “Rather, they are carefully produced campaign content — branded with her campaign logo, posted to her official campaign social media pages, and disseminated to the public for the express purpose of influencing voters and promoting her election.''
Ruiz called the complaint "meritless'' and said she had visited public schools with the aim of understanding the state of the state education system at the classroom level.
"Since we launched this campaign, I promised to listen to students, families, and educators across the entire state,'' Ruiz said in a statement. "We've done just that.''
Ruiz added she had been invited to public schools by administrators from across the state and political spectrum, and so had Yee. But Yee and schools identified by name in Ruiz’s social media posts — Edison Elementary School in Phoenix and Abia Judd Elementary School in Prescott — painted a slightly different picture.
Nicole Baker, spokesperson for Phoenix School District, said Ruiz reached out to Edison Elementary School and requested to visit on the first day, greet students and teachers and hand out treats — which the school's principal agreed to.
But Baker said the principal was not informed the photographs or other content would end up on a campaign social media account, and he did not authorize activity on campus. Baker added Ruiz did not enter the school building or distribute any campaign material during her visit.
"Phoenix District No. 1's general practice is not to permit campaign activities on district property, and we have communicated that position to individuals during the current election cycle,'' Baker said. "The district does not endorse or support any candidate for public office, and our focus is on maintaining politically neutral learning and working environments for our students and staff.''
Superintendent of Prescott Unified School District Clark Tenney said Ruiz toured Abia Judd Elementary School last October with Yavapai County Superintendent Steve King.
Tenney said the district offers tours of schools to interested community members and added King said it was not "unusual for him to have interested folks accompany him as he frequently tours rural schools throughout Yavapai County.''
But Tenney added that both the Abia Judd’s principal and King confirmed there was no mention of any political element before, during or after Ruiz's visit to the school the year prior.
And while Ruiz boasted of having been to schools in all 15 counties, she declined to say which had actually reached out and invited her. But she said the whole issue is overblown.
"Families don’t care about district visits and schedules, they care about which candidate is better suited to improve education in Arizona,'' Ruiz said. "Listening to educators and seeing programs in action should be a basic part of preparing to serve as superintendent.''
Yee said her opponent’s statements suggesting invitations were "false'' visits and her purported refusal to follow the law raised "a real ethical problem.''
"Parents send their kids to school to learn, and they have every right to expect that the school day will not be turned into a campaign backdrop or photo shoot,'' Yee said.
But Yee, currently the state treasurer, recorded a campaign video inside a school, too.
Her ad, posted on X in May 2025, shows her speaking to students at Phoenix Christian Preparatory Academy with "Guest Speaker State Treasurer Kimberly Yee'' projected on the screen behind her, though Yee was not there in her official capacity.
Phoenix Christian Preparatory Academy is a private school, though it does receive public dollars by way of the Empowerment Scholarship Account program. According to records obtained by KPNX-TV, the Phoenix NBC affiliate, families have spent $5.7 million in ESA funds at Phoenix Christian Preparatory Academy since 2022.
But, Wilson notes the law prohibiting campaigning on school property does not apply to or mention private schools at all.
"There’s no prohibition against using private resources to record campaign material,'' Wilson said. "That's a big big difference when you have these public schools, though, just being labeled with Ms. Ruiz's campaign logo. That presents a very different question.''
Yee asked Attorney General Kris Mayes to demand Ruiz delete the offending posts, initiate a full investigation into the use of school property and apply any additional civil penalties, with the law levying a $5,000 fee for each violation.
But though Yee's complaint landed at Mayes' office, it may not stay there. Mayes endorsed Ruiz's candidacy, which could send the complaint packing to another county due to a conflict of interest.
Wilson also sent the complaint to all 15 county attorneys and asked Mayes to refer the complaint if she found her office could not investigate.
"(Ruiz) publicly stated that she has visited public classrooms across the state in all 15 counties and is posting that fact,'' Wilson said. "So I think that provides any county attorney with jurisdiction to look at this.''
Richie Taylor, spokesperson for Mayes, said the Attorney General's Office was reviewing the complaint to determine if the endorsement creates a conflict.
"If that determination is made, it will be referred to a county attorney,'' Taylor said.
