2 lawmakers could face punishment after abortion protest in AZ Legislature found 'disorderly'

The full House of Representatives should determine what kind of punishment, if any, to impose on two Democratic members who led a loud and prolonged protest on the House floor after a vote to repeal an abortion law failed.

That's the conclusion of the bipartisan House Ethics Committee, which reached unanimous decisions on the conduct of Reps. Oscar De Los Santos and Analise Ortiz, both first-term lawmakers from Phoenix.

The five-member panel featuring three Republicans and two Democrats found De Los Santos and Ortiz both violated a House rule that bars disorderly conduct. In addition, panel members found De Los Santos, the Democrats' assistant minority leader, also ran afoul of House rules dealing with decorum and debate, as well as impermissible debate.

Their actions came in the fevered wake of a thwarted attempt to repeal Arizona's 1864 near-total abortion ban. As a motion to adjourn shut down any deliberation on the matter, De Los Santos and Ortiz led some fellow Democrats in repeated chants of "shame," "blood on your hands" and "hold the vote," directed at their Republican colleagues.

De Los Santos crossed the line when he led and participated in these actions, the report stated.

"He left his assigned desk on the Floor, walking up and down the Floor aisle while pointing his finger toward the members and continuing to shout loudly," the ethics report stated. He also disrupted a press gaggle around Rep. Matt Gress, disparaging the motive for the Phoenix Republican's effort to bring up the repeal vote, the report stated.

Likewise, the ethics panel concluded Ortiz's behavior also was disorderly, noting that it was recorded "from many angles, including her own." Ortiz, who favors the social media app TikTok, filmed and narrated the protest as she and De Los Santos approached Gress.

Read: Final House Ethics Committee reports on Reps. Oscar De Los Santos and Analise Ortiz

What do Ortiz, De Los Santos have to say about the complaint?

Democrats shout down Rep. Matt Gress, R-Phoenix, after he moved to force a vote in the Arizona House on the 1864 abortion ban and then sided with fellow Republicans to stop the effort on April 10, 2024.
Democrats shout down Rep. Matt Gress, R-Phoenix, after he moved to force a vote in the Arizona House on the 1864 abortion ban and then sided with fellow Republicans to stop the effort on April 10, 2024.

The two lawmakers issued a joint reply, noting they were speaking on behalf of their constituents when they led the protest.

"This entire process is nothing more than another Republican attempt to suppress speech that they disagree with," the statement read. "They consistently abuse their power to silence dissent."

They said Tuesday's vote to refer a border control measure to the ballot was another example of such strong-arm tactics. House leaders closed the gallery, which usually is open for the public to observe legislative proceedings.

But, they complained, Ethics Chairman Rep. Joseph Chaplik dismissed without committee discussion a complaint Democrats filed against Rep. Austin Smith, who is accused of falsifying signatures on his nomination petitions. The complaint against Smith, R-Wittmann, has been forwarded to the state attorney general for investigation.

Chaplik said the Smith complaint was based on second-hand information and did not meet committee requirements that a House member have "personal knowledge" of his actions.

In his report issued Tuesday, Chaplik, R-Scottsdale, urged all 60 House members to review the reports on Ortiz and De Los Santos and decide what kind of action, if any, is appropriate.

House Dems on ethics panel agree behavior was disorderly

Rep. Patty Contreras was one of the two Democrats on the Ethics Committee. She said her colleagues' actions fit the description of disorderly behavior, so there was little question on how to vote.

"If the other side were acting in the same way, would I have reacted in the same way?" Contreras said, noting she would have. "This is as fair as it can be."

For their part, the two Democrats said they're not obsessing over the report.

"We are focused on the people's work — on finding real solutions to serious issues — not these petty political games," they said.

Earlier this year, Rep. Leezah Sun, D-Phoenix, resigned from the Legislature in the wake of another Ethics Committee finding that she engaged in disorderly behavior. The House was on the verge of voting to expel her when she submitted her resignation.

Reach the reporter at [email protected] or at 602-228-7566 and follow her on Threads as well as on X, the platform formerly known as Twitter @maryjpitzl.

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This article originally appeared on Arizona Republic: Arizona legislative panel finds ethics violations for 2 Democrats