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When Does Speech Become Dangerous?
Tipsheet

This Candidate Is Suing After Democrat Official Sent Goons to Harass Him Out of the Race

This Candidate Is Suing After Democrat Official Sent Goons to Harass Him Out of the Race
Used with permission/Institute for Justice

Fernando “Fernie” Madrid spent decades working in education in Apache County, Arizona, before he decided 2024 was the right moment to run for the office of school superintendent.

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Madrid, who ran once before as a Democrat, in the 2016 campaign. But when he filed his intent to run against Democratic incumbent superintendent Joy Whiting, he soon realized things would be different this time around.

Madrid told Townhall he decided to run because of the problems he saw in his local schools. “The whole educational thing with me is very important and just a part of who I am, my family is, and just thought it was the right time to give it another try,” he said.

This time, Madrid’s campaign was better organized, with a website, grassroots volunteers, and a robust social media strategy. One of his primary concerns was the neglect of schools in certain areas of the county. “There just wasn't enough attention being paid to north of I‑40, in my opinion,” he said. “I just didn't see the attention that some of the school districts north of I‑40 were getting versus south of Interstate 40.”

Soon after he filed, Madrid began noticing strange occurrences, with strange cars parked near his home, people approaching relatives with questions, and anonymous packages with no return addresses. He described it as “a looking over my shoulder feeling all the time.”

He began noticing a series of eerie moments, including being followed from his home to his job sites in Phoenix and even as far as Napa, California, where he operates his event rigging business. 

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“It was, it was not a good feeling when I found out what was going on for my safety, my well being, because I didn't realize the extent of what someone would do to assure that I just was not on that ballot,” he said. 

Joy Whiting’s husband, Michael, also served as the county attorney at the time. It later became apparent that he sought to pressure Madrid to exit the race. The pressure escalated to a physical confrontation.

While Madrid collected signatures in front of St. Johns church, two men approached him, saying, “We know who you are.”

One of them slapped Madrid’s clipboard out of his hand and shoved him in the chest toward the street. “Michael Whiting is just getting started with you,” one of the men allegedly said.

Later that same night, someone threw rocks at his family’s home. In other incidents, men approach members of his family, including his son,  trying to force them to accept documents. They eventually left a thick packet at Madrid’s home. Inside were documents threatening legal action against Madrid to challenge his residency status in the county.

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It was later revealed that the men who followed and harassed Madrid worked for Michael Whiting’s office. Daryl Greer worked as Whiting’s office investigator and Trent Jensen worked as a staffer.

“I actually got very sick over this,” he said, explaining that his elderly father and extended family were alarmed by the surveillance and unannounced visits. “I told myself, I'm not going to subject myself, my dad, or my family any longer. This has gone on far enough. If they need me out of this race, then I will do that to get them to back off. And that's what I did.” 

He submitted a letter announcing the end of his campaign on March 28, 2024.

But that’s not the end of the story. Madrid has filed a lawsuit with the help of the Institute for Justice. The suit names former county attorney Michael Whiting, Greer, Jensen, Apache County, and the Apache County Attorney’s Office.

Madrid alleges they violated his First and Fourteenth Amendment rights by weaponizing government power against him for political gain. IJ attorney Michael Greenberg told Townhall, “The right to declare yourself a candidate for office and actually pursue office is black letter law that is protected by the free speech clause of the First Amendment.”

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He added, “This coordinated weeks‑long campaign was designed to get him to stop doing that, and it defeated him.” 

For Madrid, the stakes go far beyond the race. “What happened to Fernie shouldn’t happen to anybody else,” Greenberg said. He explained that the objective of the lawsuit is to “hold government officials accountable for abusing their office” and to make it clear that “the First Amendment doesn’t allow” local power brokers to use intimidation tactics to eliminate political opposition.

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