PHOENIX — Clean Elections USA, the nongovernmental group whose volunteers monitored ballot drop boxes in the Phoenix area, has been ordered to immediately stop using its name in Arizona.
In a new ruling, Maricopa County Superior Court Judge Scott Blaney said the organization is not just confusing Arizonans with its name but is causing damage to the voter-created Citizens Clean Elections Commission by illegally infringing on its name. He said the activities of the organization and its founder, Melody Jennings, have resulted in calls and emails “from angry members of the public who were confused’’ and who assumed it was the commission that was directing people to watch the drop boxes and look for people submitting multiple ballots.
“Some of these communications were laced with profanity and accused (the commission) of ‘voter intimidation,’ employing ‘vigilantes’ working for a particular political party and/or political candidates, referred to (commission) employees as ‘thugs’ and ‘rabid animals’ and suggested that the only solution was to ‘put them down,’ ‘’ Blaney wrote. He also said people were referring to commission employees as “racist fascists’’ and as “liars.’’
The judge pointed out that nothing in his order precludes Jennings from expressing her political views or from engaging in political activities.
All it does, said Blaney, is keep Jennings from using the name “Clean Elections USA’’ or any similar variant in connection with any current or future election activities “when such uses are likely to reach Arizona residents.’’ Those include social media postings, websites, emails, podcasts and other media.
Separately, the judge ordered Jennings to remove a posting titled “10+ Ways The Election Was Rigged in Maricopa County’’ from her organization’s website, which includes various unfounded allegations about the 2020 elections.
But he said she is free to post it on any other website or social media site that does not use the words “Clean Elections’’ or would cause confusion with the commission.
There was no immediate response from Jennings.
The commission filed suit earlier this month. Tom Collins, the commission’s executive director, said the monitoring of drop boxes has absolutely nothing to do with his organization, which was created by voters in 1998.
The commission provides funds for statewide and legislative candidates who agree to limit donations from outside interests. It also has a public education function, including sponsoring debates and publishing materials designed to provide information and encourage people to vote.
“ ‘Clean Elections’ in Arizona means to tell the truth about elections,’’ Collins said. By contrast, he said, “’Clean Elections USA’ ... stands for discouraging people from voting in Arizona.’’
