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Arizona Corporation Commission Election

Primary Date: August 30, 2016

General Election Date: November 8, 2016

November Election Winner: Boyd Dunn (R) Andy Tobin (R) Robert Burns (R)

Incumbent Prior to Election: Bob Stump (R) Andy Tobin (R) Robert Burns (R)

State Executive Elections Top Ballot None Down Ballot Corporation Commission

Arizona held an election for Corporation Commission on November 8, 2016. Three seats were up for election. Incumbent Commissioners Robert Burns (R) and Andy Tobin (R) won re-election; former judge Boyd Dunn (R) won the third open seat.

Overview[edit]

The Arizona Corporation Commission is the state's regulatory body for non-municipal utility companies, including energy, heat, trash, water and communications firms. It also oversees the incorporation of businesses, securities regulation, and railroad/pipeline safety. Corporation commissioners are elected statewide, with either two or three seats up for election in any given year. When three seats are up for election, as in 2016, the top three vote-getters in each party's primary election advance to the general, and the top three vote-getters in the general election win seats on the commission.

Arizona has been under Republican trifecta control since 2009. All five seats on the commission were held by Republicans heading into the November election. Only two Democratic candidates filed to run for the office, ensuring that Republicans maintained majority control of the commission regardless of the outcome of November's general election.

State Rep. Tom Chabin (D) and former Commissioner William Mundell (D) automatically advanced to the general election. Republican incumbents Robert Burns and Andy Tobin faced three primary challengers: state Rep. Rick Gray, former judge Boyd Dunn, and former state Sen. Al Melvin.

The regulation of Arizona's burgeoning solar industry was a major issue in the 2016 election. The issue has prompted allegations of conflicts of interest, a federal investigation, and significant acrimony between several of the commissioners. Two incumbents ran for re-election in 2016; however, incumbent Andy Tobin (R) merged his primary campaign with Republican challengers Boyd Dunn and Rick Gray in a move to block the re-election efforts of fellow Commissioner Robert Burns (R). The three candidates cut costs by airing joint campaign advertisements in August 2016.^[1] Tobin's attempts to oust Burns in the primary election were unsuccessful, as Burns placed first in the Republican primary.^[2]

Burns, Tobin, and Dunn placed first, second, and third in the November 8, 2016, general election, winning the seats on the commission.

Candidates[edit]

Tom Chabin (D) Most recent position: State Rep., 2007-2012 Past experience: Coconino County supervisor, 1992-2000

William Mundell (D) Most recent position: Director of the Registrar of Contractors, 2009-2015 Past experience: Corporation commissioner, 1999-2009

Robert Burns (R) Most recent position: Corporation commissioner since 2013 Past experience: State Sen., 2003-2009; state Rep., 1989-2000

Boyd Dunn (R) Most recent position: Maricopa County Superior Court judge, 2011-2015 Past experience: Mayor of Chandler, Arizona; 2002-2011

Andy Tobin (R) Most recent position: Corporation commissioner since January 2016 Past experience: State Rep., 2007-2015

Click [show] to see candidates who were defeated in the primary elections.   Rick Gray (R) Most recent position: State Rep. since 2011 Past experience: Small business owner, real estate agent Al Melvin (R) Most recent position: Adjunct lecturer, University of Arizona Past experience: State Sen., 2009-2005; U.S. Naval Captain

Results[edit]

General election[edit]

Incumbent Robert Burns, incumbent Andy Tobin, and Boyd Dunn defeated William Mundell and Tom Chabin in the Arizona corporation commission election.

Arizona Corporation Commission, 2016
Party		Candidate	Vote %	Votes
	Republican	Robert Burns Incumbent	22.28%	806,047
	Republican	Andy Tobin Incumbent	20.61%	745,843
	Republican	Boyd Dunn	19.43%	703,160
	Democratic	William Mundell	19.12%	691,831
	Democratic	Tom Chabin	18.56%	671,374
Total Votes				3,618,255
Source: KNXV

Primary elections[edit]

Democratic primary election[edit]

Tom Chabin and William Mundell were unopposed in the Democratic primary for corporation commissioner.

Democratic primary for corporation commissioner, 2016
Party		Candidate	Vote %	Votes
	Democratic	Tom Chabin	50.69%	265,620
	Democratic	William Mundell	49.31%	258,409
Total Votes				524,029
Source: Arizona Secretary of State

Republican primary election[edit]

Incumbent Robert Burns, incumbent Andy Tobin and Boyd Dunn defeated Rick Gray and Al Melvin in the Republican primary for corporation commissioner.

Republican primary for corporation commissioner, 2016
Party		Candidate	Vote %	Votes
	Republican	Robert Burns Incumbent	23.85%	279,348
	Republican	Andy Tobin Incumbent	23.11%	270,738
	Republican	Boyd Dunn	18.94%	221,855
	Republican	Rick Gray	18.07%	211,718
	Republican	Al Melvin	16.03%	187,772
Total Votes				1,171,431
Source: Arizona Secretary of State

Context of the 2016 election[edit]

Primary elections[edit]

A primary election is an election in which voters select the candidate they believe should represent a political party in a general election. Primaries usually take place several months before a general election. Arizona utilizes a hybrid primary system. Unaffiliated voters may choose which party's primary they will vote in, but voters registered with a party can only vote in that party's primary.^[3][4][5]

Corporation commissioners are elected statewide, with either two or three seats up for election in any given year. When three seats are up, the top three vote-getters in each party's primary election advance to the general; the top-three vote-getters in the general election win the seats. When two seats are up, two candidates from each party advance and the top-two vote getters win the seats in the general election.

Arizona's primary elections took place on August 30, 2016.

Incumbents[edit]

Robert Burns (R)[edit]

Burns was first elected to the commission in 2012, placing second among the top three candidates who won election. He previously served in the Arizona State Senate from 2003 to 2011, and in the state House from 1989 until 2000. He is also the president of BMG Investments Incorporated and served four years in the U.S. Navy.

Bob Stump (R)[edit]

Stump was first elected to the commission in 2008 and won re-election in 2012, placing first among the three Republican winners. Stump serves as the commission chair.

Andy Tobin (R)[edit]

Tobin was appointed to the commission on January 4, 2016, by Governor Doug Ducey (R). Tobin was selected to replace former Commission Chair Susan Bitter Smith (R), who resigned in response to accusations of a conflict of interest. Tobin briefly held dual statewide positions in 2016: He also served as the Arizona Director of Insurance and Financial Institutions from October 2015 until February 16, 2016.

Tobin is a former member of the state House, serving from 2007 to 2015. He was speaker of the House from 2011 to 2014.

Party control in Arizona[edit]

Arizona has been under Republican trifecta control since 2009. Republicans hold a six-seat majority in the state Senate and a 12-seat majority in the House. The state has been represented in the U.S. Senate by Republican John McCain since 1987 and Republican Jeff Flake since 2013; a Democrat hasn't held an Arizona Senate seat since 1995. The state's electoral votes have gone to the Republican presidential candidate every four years since 1952 with the exception of 1996, when the state voted for incumbent President Bill Clinton (D).^[6]

All five seats on the Arizona Corporation Commission were held by Republicans. Three seats on the commission were up for election in 2016, technically making the commission vulnerable to a shift in party control in November. However, only two Democratic candidates filed to run for the office, ensuring that Republicans will maintain majority control of the commission regardless of the outcome of November's general election.

Elections for these positions have sometimes been close in recent years. In 2012, the top three vote-getters, all Republicans, won 17.5, 16.8, and 16.7 percent of the vote respectively. The three Democratic candidates who ran narrowly trailed at 15.5, 15.4, and 13.8 percentage points. In 2014, two Republicans won the general election with about 29 percent of the vote each; Democrats came in third and fourth at 22 and 21 percent.^[7]

Race background[edit]

Candidate field[edit]

Elections for the Arizona Corporation Commission are held at-large, with multiple seats up for election every two years. During presidential election years, three seats on the commission come up for election. Voters select two commissioners during mid-presidential term elections.

The 2016 race for the commission attracted a large candidate field: Incumbents Robert Burns (R) and Andy Tobin (R) both sought re-election. Prior to becoming commissioners, Burns and Tobin served in the Arizona state legislature. Challengers included state Reps. Tom Chabin (D) and Rick Gray (R), former state Sen. Al Melvin (R), Maricopa County Superior Court Judge Boyd Dunn (R), and former Corporation Commissioner William Mundell (D). Burns, Tobin, and Boyd won the Republican primary while the two Democrats automatically advanced to the general election. The top three vote-getters in the general election won the seats.

Solar rates and net metering policies[edit]

The regulation of Arizona's burgeoning solar industry was a major issue in the 2016 election. A value of solar analysis was scheduled to be completed in October 2016. Some have said that the analysis could influence future commission decisions. Additionally, in 2006, the commission—then composed of different members—introduced the Renewable Portfolio Standard, which mandates that Arizona receive 15 percent of its energy from renewable sources by 2025.^[8] Major decisions on solar regulation in the state have also been the subject of national scrutiny as recently as 2015.^[9]

Prior to the election, several utility providers in the state filed proposals with the Corporation Commission to set demand rates and to eliminate or reduce rates for net metering, a system in which solar users sell excess energy back to the grid. Without net metering, solar energy becomes less affordable for personal use. The push for the elimination of net metering stemmed from complaints that rooftop solar users—who often still use traditional electricity sources at night and on cloudy days—benefit from but make little monetary contribution to the upkeep of the electrical grid. Solar advocates called the push an attempt by traditional utilities to protect profits in the face of the expanding renewable energy industry.^[9]

The issue prompted allegations of conflicts of interest, a federal investigation, and significant acrimony between several of the commissioners. Amid the controversy, two high profile staff members resigned from the commission for unspecified reasons: Director of Utilities Tom Broderick and lead counsel Janice Alward. Both employees were key figures in advising committee decisions.^[10]

Arizona Public Service Co. proposed rate hike and reduction of net metering rates[edit]

In June 2016, Arizona Public Service Co. (APS)—the state's largest utility—submitted an application with the Arizona Corporation Commission, proposing an 8 percent rate increase for customers and a significant reduction in net metering rates for rooftop solar customers. The company, at the time, serviced about 1.1 million customers, and also was seeking to set rates based on demand and to adjust designated peak hours.^[11]

APS officials asserted that the increase was necessary in order to fund additional generators, while solar energy advocates called it an attempt to damage the state's solar industry. "The APS demand charge plan will make it almost impossible for Arizonans to affordably go solar when so many are looking for ways to save on our electric bills," said former Corporation Commissioner Kris Mayes (R).^[12]

The commission ruled against a similar application from UniSource Energy in August 2016 and put off changes in net metering rates until a comprehensive analysis of the value of solar energy in the state was completed in October 2016. Four more such cases, including the APS application, were on the commission's docket as of August 2016.^[13]

The first hearing on the APS application was scheduled for March 22, 2017—which means that the winners of the November general election voted on the proposal. The outcome of the case was anticipated to have a significant impact on regulatory policies for the rooftop solar industry across the nation.^[12][14][9]

Dueling conflicts of interest: SolarCity and Arizona Public Service Co.[edit]

Arizona Public Service Co. alleged spending in the 2014 elections[edit]

In June 2016, the FBI began an investigation into the influence of outside money in the 2014 commission elections. Though the full details of the investigation were unclear at the time of the 2016 election, special agent Matthew Reinsmoen stated that the FBI was conducting a "long-term investigation related to the financing of certain statewide races in the 2014 election cycle."^[15]

A September 2015 commission filing accused Commissioners Tom Forese (R) and Doug Little (R) of receiving $3.2 million in campaign funds from the Arizona Public Service Co. The filing demanded a rehearing for a decision on net metering rates for APS, asserting that the two commissioners should have recused themselves from the decision given their conflicts of interest.^[16]

The FBI interviewed multiple commission officials regarding the case, including former Commissioner Gary Pierce (R), who was prevented by term limits from running for re-election in 2014. Investigators also met with Scott Peterson, the director of the Washington D.C.-based public watchdog group Checks and Balances Project—at Peterson's request. Checks and Balances Project has sought to connect incumbent Commissioner Bob Stump (R), who did not run for re-election in 2016, to the Save Our Futures Now group, which allegedly funneled money from APS' parent company, Pinnacle West Capital Corp., into the campaigns of Little and Forese.^[17] In 2015, Checks and Balances filed an open records request to view Stump's text messaging history, which was later denied by an Arizona judge who ruled that the messages were not public record.^[18]

The group was also instrumental in publicizing former Commissioner Susan Bitter Smith's (R) position as a cable executive. They argued that it was a conflict of interest. Bitter Smith denied the claim but ultimately resigned from the commission in January 2016 and was replaced by Andy Tobin. Peterson has said that the group turned its attention to the commission because of a 2013 decision, which instituted fees for rooftop solar customers. Bitter Smith characterized the project's campaign as a "dark-money group's continued attack on the entire commission."^[19]

Influence of SolarCity spending and allegations of bias on behalf of solar interests[edit]

The Checks and Balances Project has been the recipient of contributions from one of the nation's largest rooftop solar providers, SolarCity, amid its efforts to uncover ties between commissioners and traditional utility companies. "[It is] astonishing that the biggest U.S. provider of rooftop solar power is funding the effort to harass regulators whose decisions affect their bottom lines," said Stump of SolarCity's involvement in the controversy. "While we receive some funding through Renew American Progress from SolarCity, we are not SolarCity," responded Checks and Balances director Scott Peterson.^[19]

SolarCity endorsed incumbent Commissioner Robert Burns (R) in August 2016 and began airing advertisements on his behalf.^[20] Burns was also supported in his re-election efforts by former Commissioner Kris Mayes (R), who, at the time of the 2016 election, led Save Our AZ Solar—a group funded by Energy Choice for America, which was, in turn, reportedly funded by SolarCity.^[20]

In July 2016, Burns called for an investigation into the possible influence of outside money in commission decisions following the conflict of interest allegations surrounding the 2014 election. Burns hired attorney Scott Hempling to spearhead the investigation. Commissioner Little responded to the act by questioning Hempling's neutrality, pointing out that he had previously represented a foundation for which former Commissioner Mayes—a supporter of solar energy—was a board member. Hempling denied any conflict of interest, asserting that he had never directly provided legal representation to any solar interests. The commission ultimately voted down the investigation in August 2016.^[21]

Campaigns[edit]

Primary elections[edit]

Two incumbents ran for re-election in 2016; however, incumbent Andy Tobin (R) merged his campaign with Republican challengers Boyd Dunn and Rick Gray in a move to block the re-election efforts of fellow Commissioner Robert Burns (R). The three candidates cut costs by airing joint campaign advertisements in August 2016.^[1] The two Democratic candidates automatically advanced to the general election. Burns, Tobin, and Dunn placed first, second, and third in the November 8, 2016, general election, winning the seats on the commission.

Campaign finance[edit]

Use of public campaign funds[edit]

In Arizona, candidates running for public office are eligible to receive public funding for their campaigns through the Arizona Clean Elections Commission with the stipulation that candidates receiving such funds may not collect private donations.^[22] Republicans Dunn, Burns, and Tobin were the only candidates who were not receiving public funding in 2016.^[1]

Satellite spending[edit]

Main article: Political spending not controlled by candidates or their campaigns

Groups unaffiliated with candidates or campaigns—such as political action committees, super PACs, nonprofit public welfare organizations, and labor unions—often spend money to influence the outcome of an election. This satellite spending can take the form of express advocacy, which encourages votes for or against a candidate, or issue advocacy, which supports broad political or social issues. Some groups are restricted on which kind of advocacy they can engage in based on their tax status.

Disclosure regulations vary from state to state and vary based on type of organization, complicating the process of determining a comprehensive picture of all spending in a given election.

For example, nonprofits are not always required to disclose their donors to the government; they submit financial information to the federal government through regular tax filings with the Internal Revenue Service, which are only publicly available through a Freedom of Information Act request. Other organizations are required to report election expenditures to a state elections division.

Debates[edit]

Republican primary election debate: August 8, 2016[edit]

All five Republican candidates for Corporation Commission debated on August 8, 2016. Among the major topics of discussion was whether or not manmade climate change is real: "I don't see the evidence of it," said state Rep. Rick Gray. "Where are the facts?"^[23] Former county judge Boyd Dunn said he was undecided, former state Sen. Al Melvin said climate change naturally occurs and is not induced by human activity, and incumbent Commissioner Robert Burns also expressed doubt. Incumbent Commissioner Andy Tobin was the sole Republican candidate to assert that human activity has had a negative impact on the environment but, he said, "the question is, to what extent?"^[23]

Candidates also debated allegations that Arizona Public Service Co. funneled money into the 2014 campaigns of incumbent Commissioners Doug Little (R) and Tom Forese (R). The allegations were the subject of an ongoing FBI investigation at the time of the 2016 election. Burns called for such expenditures to be disclosed to the public, while the other four candidates disagreed. Gray accused the incumbent of using the issue to generate free press in compensation for his lack of campaign funds; Burns retorted that he had begun pursuing the issue well before the 2016 election cycle. Commissioner Tobin questioned the use of investigating a two-year-old election: "What do you want to do about it?" he said.^[23]

July 20, 2016[edit]

All seven candidates for corporation commissioner debated on July 20, 2016. The major topic of the debate was recent controversy surrounding allegations that outside interest groups, specifically the state's largest utility Arizona Public Service Co., spent money to influence the outcome of the 2014 elections. Incumbent Republican Robert Burns stated that such contributions may be protected by the First Amendment, but should be subject to disclosure: "My Number 1 priority is to ensure that in the future there is transparency, especially in election cycles," said Burns.^[24] Democrats William Mundell and Tom Chabin both agreed with Burns' assessment, pledging to subpoena the APS if elected, while Rick Gray said utilities should stay out of elections.

"Rarely is it pointed out that the solar industry weighed in heavily in the election two years ago," responded Republican Al Melvin, claiming that the candidates who lost in the 2014 elections had been backed by solar interest groups.^[24]

The candidates also weighed in on proposed rate changes and the controversy surrounding rooftop solar rates. "I believe coal is clean, as is nuclear power," said Melvin. Dunn called to preserve the 15 percent renewable energy standard. Both Democratic candidates stated they would consider raising the minimum renewable energy standard. Burns also called for the preservation of the state's hydroelectric energy allocations, saying "it is the cheapest electricity we have."^[24]

Click here to watch a full video of the debate.

Endorsements[edit]

Campaign media[edit]

Note: If a candidate is not listed below, Ballotpedia staff were unable to locate any campaign media for that candidate. Do you know of any? Tell us!

Democrats Tom Chabin (D)     William Mundell (D)

Republicans Robert Burns (R)     Boyd Dunn (R)     Rick Gray (R)     Al Melvin (R)    Andy Tobin (R)

Campaign advertisements[edit]

Ballotpedia was unable to locate online campaign advertisements for this race.

About the office[edit]

The Arizona Corporation Commission is a quasi-executive regulatory agency in the Arizona state government. The commission is Arizona's state regulatory body for non-municipal utility companies, including energy, heat, trash, water and communications firms. It also oversees the incorporation of businesses, securities regulation and railroad/pipeline safety.^[25]

Incumbents[edit]

At the time of the election, the commissioners were Robert Burns (R), Doug Little (R), Tom Forese (R), Andy Tobin (R), and chair Bob Stump (R).^[26]

Qualifications[edit]

Commissioners must only satisfy the standard requirements for all Arizona state officers, who must be at least 18 years old, a citizen of the United States and able to speak English.

Arizona Revised Statutes, Title 38, Chapter 2, Article 2, Section 211

Authority[edit]

The commission's authority stems from the Arizona Constitution.

Arizona Constitution, Article 15, Section 1

Past elections[edit]

The Arizona Constitution requires that commissioners be elected in statewide contests to four-year terms. Three commissioners are elected during federal presidential election years (2012, 2016, 2020). The two remaining commissioners are elected during gubernatorial elections (2010, 2014, 2018). Commissioners' terms begin on the first Monday in January after the year they are elected (e.g. January 2, 2017, and January 4, 2021.)

Arizona Constitution, Article 15, Section 1

2014[edit]

See also: Arizona down ballot state executive elections, 2014

Arizona Corporation Commission, 2014
Party		Candidate	Vote %	Votes
	Republican	Doug Little	28.8%	766,864
	Republican	Tom Forese	28.6%	761,915
	Democratic	Sandra Kennedy	21.6%	576,482
	Democratic	Jim Holway	20.9%	557,963
	Nonpartisan	Write-in votes	0%	529
Total Votes				2,663,753
Election results via Arizona Secretary of State

2012[edit]

See also: Arizona state executive official elections, 2012

Incumbents Paul Newman (D), Sandra Kennedy (D) and Bob Stump (R) all ran for re-election. Stump won re-election, and Republican candidates Robert Burns and Susan Bitter Smith edged out Newman and Kennedy for their seats in the general election on November 6, 2012.

Arizona Corporation Commission General Election, 2012
Party		Candidate	Vote %	Votes
	Democratic	Paul Newman Incumbent	15.5%	868,726
	Democratic	Sandra Kennedy Incumbent	15.4%	862,876
	Democratic	Marcia Busching	13.8%	776,472
	Republican	Bob Stump Incumbent	17.5%	979,034
	Republican	Robert Burns	16.8%	943,157
	Republican	Susan Bitter Smith	16.7%	935,575
	Libertarian	Christopher Gohl	2%	112,490
	Green	Daniel Pout	1%	58,607
	Green	Thomas Meadows	1.2%	67,950
	Write-in	Various	0.1%	3,784
Total Votes				5,608,671
Election results via Arizona Secretary of State

Recent news[edit]

The link below is to the most recent stories in a Google news search for the terms Arizona Corporation Commission election. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.

State profile[edit]

Presidential voting pattern[edit]

See also: Presidential voting trends in Arizona

Arizona voted Republican in four out of the five presidential elections between 2000 and 2020.

More Arizona coverage on Ballotpedia

• Elections in Arizona
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• Public policy in Arizona
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• Arizona fact checks
• More...

See also[edit]

External links[edit]

Suggest a link

• Arizona Corporation Commission

Footnotes[edit]

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